Amodu Tijani v. Secretary Southern Nigeria (1921) A.C.399 as regards the character of the tenure of the land among the native communities in West Africa as follows at page 404:- “The next fact which it is important to bear in mind in order to understand the native land law is that the notion of individual ownership is quite foreign to native ideas. Land belongs to the community, the village or the family, never to the individual. All the members of the community, village or family have an equal right to the land, but in every case the Chief or Headman of the community or village, or head of the family, has charge of the land, and in loose mode of speech is sometimes called the owner. He is to some extent in the position of a trustee, and as such holds the land for use of the community or family. He has control of it, and any member who wants a piece of it to cultivate or build a house upon, goes to him for it. But the land so given still remains the property of the community or family. He cannot make any important disposition of the land without consulting the elders of the community or family, and their consent must in all cases be given before a grant can be made to a stranger.”
IN YORUBA CUSTOM WHERE NO HEAD OF FAMILY HAS BEEN NOMINATED
The problem raised by the peculiar fact of this case is, however, this: what is the position where no family head existed at the time. It is true that under English Law, equity does not lack a trustee: where there is none equity will constitute one. As the head of the family under Nigerian law...