ENYINNAH, EBUBECHUKWU OAK (2026) APPRAISAL OF THE LEGAL FRAMEWORK CREATING TRUST RELATIONSHIP IN NIGERIA. Other thesis, Godfrey Okoye University, Enugu.
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Abstract
Trust relationships represent the very foundation of a just jurisprudence in Nigeria, the separation of the legal ownership and the beneficial enjoyment of property in furtherance of commercial, charitable and domestic objects, while guarding against the risk of misuse and negligence. The Nigerian trust concept is a reception of common law concepts which the English legal tradition and Nigerian statutes like the Trustee Investments Act, the Property and Conveyancing Law, and specific state trust legislations, have modified. Yet the establishment of a trust is a process riddled with formalities, evidentiary hurdles and the persistent tug-of-war between the English-based equity principles and Nigerian indigenous customary law. This extremely long essay offers a thorough study of the mechanism and efficiency of creating trust relationships in Nigeria through doctrinal legal research methodology. The research critically engages with statutes, reported cases, scholarly articles and a comparative analysis of the trust regime in England. The essay identified fundamental flaws such as: overly rigid rules of certainty of intention, subject matter and objects; incomplete constitution of trusts; problems with oral trusts; difficulties with the inclusion of customary trusts, and the general enforcement void created in probate and administration of estates cases. The comparative study with the English legal regime, which has been rendered more liberal by, inter alia, the Trusts of Land and Appointment of Trustees Act 1996, highlights how the system can be reformed. The research establishes, inter alia, that while the mechanism of creating trusts is useful in protecting and transmitting wealth through generations and the development of public goods through the establishment of various charitable foundations for instance, there exist practical limitations and structural challenges, such as the issue of fraudulent conveyances, taxation of trust assets, and judicial inconsistency that hinder the effective utilization of the trust institution in Nigeria.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | COMFORT AJALA |
| Date Deposited: | 27 Jul 2026 11:41 |
| Last Modified: | 27 Jul 2026 11:41 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/6032 |
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