"...In the case of Solomon & Ors Vs Mogaji & Ors (1982) LPELR -3102 SC, the law was again stated that: "

...sale of family property by the head of the family alone, without the consent of the other family members is voidable. See Bello Adedibu Vs Makanjuola 10 WACA 33 (the head of the family cannot dispose of family properties without the consent of the family. Such sale is voidable and can be avoided as "the native law and custom throughout West Africa in regard to the alienation of family land, quite naturally has, as its basis, the interest of the family and not the interest of strangers who may wish to acquire family land) Adewuyi Vs Ishola (1958) WRNL 1120.

... I can only add that after the days of the West African Court of Appeal (WACA), it would be unwise to generalize about the native law and custom throughout West Africa. Suffice it to say that in so far as the Yoruba Customary Law is concerned this is still the law."

Of course, the above is also true of Igbo Customary Law. See the case of Alaribe Vs Okwuonu (2015) LPELR -24297 (CA), Where it was held that:

"...family land can only be sold or disposed of with the consent of the head/principal members of the family. Even where a family head makes the sale, he must receive the consent or ratification of the other principal member of the family for the sale to be validated.

See Okonkwo Vs Okonkwo & Ors (1998) LPELR -2487 (SC);(1998) 10 NWLR (Pt. 571) 554; Folami & Ors Vs Cole & Ors (1990)2 NWLR (Pt.133) 445, Akano Vs Ajuwon (1966)1 All NCR-246 at 249."

Per MBABA, J.C.A. IN EKEH & ORS v. IBEKWE CITATION: (2018) LPELR-45029(CA)