Background
This case involves a dispute regarding the validity of a mortgage deed executed by the plaintiff, Ebong Ekpo, in favor of the defendants, Calabar Central Cooperative Thrift & Credit Society Ltd, Chief E. E. Umoh, and Chief Oko E. Effanga. The plaintiff claimed he was coerced into signing a deed of mortgage over his property at No. 3C, Enebong Avenue, Calabar, under threat of incarceration due to alleged fraudulent acts.
Issues
The main issues before the Supreme Court were:
- Whether the deed of conveyance was null and void under the Land Use Act due to the lack of Governor's consent.
- Whether the finding of fact regarding the coercion was binding due to the failure of the appellants to appeal against the trial court's decision.
Ratio Decidendi
The court held that the deed of conveyance was invalid due to the absence of the Governor’s consent as mandated by the Land Use Act, 1978. The law is clear that without such consent, any transaction that purports to confer land rights is null and void.
Court Findings
The Supreme Court emphasized that the burden of proof rests on the party asserting a fact, as identified in sections 135-137 of the Evidence Act. The court noted that arguments of counsel cannot substitute for evidence, and since no evidence was presented to support that the deed was executed with the Governor’s consent, the court upheld the lower courts' findings of invalidity.
Conclusion
The appeal was dismissed with costs assessed at N10,000 against the appellants. The court reaffirmed the necessity of adhering to statutory requirements when it comes to land rights and the alienation of statutory rights of occupancy.
Significance
This case underscores the importance of compliance with statutory provisions regarding land transactions. It clarifies that without the mandatory consent of the Governor, any deed of conveyance involving land is invalid and that courts cannot overlook legal requirements in the name of justice. This serves as a critical precedent in Nigerian land law.