PRESUMPTION RAISED BY CERTIFICATES OF OCCUPANCY

“Being certificates of occupancy, they raise presumption that the person named therein is the holder of title thereof. See Mani Vs Shanono (2007) ALL FWLR (PT. 724) P. 305 @ 318.” — I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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CERTIFICATE OF OCCUPANCY IS ONLY EVIDENCE OF TITLE

It is also trite that a Certificate of Occupancy is only prima facie evidence of title or possession, but it is not conclusive proof of title to the land to which it relates. See: Registered Trustees Mission vs Olowoleni (1990) 6 NWLR (Pt. 158) 514: Otukpo Vs John (Supra): Adole Vs Gwar (2008) 11 NWLR (Pt. 1099) 562: (2008) LPELR-189 (SC) @ 17 D-E.

— K.M.O. Kekere-Ekun, JSC. Reg. Trustees Apostolic Church v. Reg. Trustees of Grace Church (2021) – SC.270/2011

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WHEN GOVERNOR CAN REVOKE A RIGHT OF OCCUPANCY

The power of the Governor to revoke a right of occupancy must be for overriding public interest and for requirement by the Federal Government, for public purposes. So that any revocation for purposes outside the ones prescribed by section 28 of the Act is against the policy and intention of the Act and can be declared invalid, null and void by a competent court.

– Katsina-Alu, JSC. Dantsoho v. Mohammed (2003)

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CERTIFICATE OF OCCUPANCY IS NOT CONCLUSIVE PROOF OF RIGHT OF OCCUPANCY

I think the point must be stressed that a certificate of statutory or customary right of occupancy issued under the Land Use Act, 1978 cannot be said to be conclusive evidence of any right, interest or valid title to land in favour of the grantee. It is, at best, only a prima facie evidence of such right, interest or title without more and may in appropriate cases be effectively challenged and rendered invalid and null and void. See Lababedi v. Lagos Metal Industries (Nig.) Ltd. (1973) NSCC 1 at 6.

— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995

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GOVERNOR HAS NO RIGHT TO REVOKE R OF O FOR ANOTHER PRIVATE PERSON

The evidence shows that the right of the plaintiff was revoked on the pretext of overriding public interest but in reality the land was thereafter granted to the 3rd defendant, a private person, for its private business. With the exception of revocation on ground of alienation under section 28(2) (a) or of the requirement of the land for mining purpose or oil pipelines under section 28(2)(c), the Governor has no right to revoke the statutory right of an occupier and grant the same to a private person for any other purpose than those specified by section 28(2) of the Act.

— Bello, CJN. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

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NEW CERTIFICATE OF OCCUPANCY CANNOT BE AWARDED WITHOUT THE EARLY ONE REVOKED

All the documents that the Appellant is referring to as root of his title cannot support his case even if it was accepted as the root of title because the law does not permit any authority to allocation the same land that has earlier been allocated to another person. Without a proper revocation of a certificate of Occupancy, no authority has power to allocate the same land to another. See Na’adade Petroleum Ltd v. FCT Minister & Ors (2022) LPELR-57127 (CA).

CERTIFICATE OF OCCUPANCY IS PRIMA FACIE EVIDENCE OF R of O

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PRESUMPTION RAISED BY CERTIFICATES OF OCCUPANCY

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CERTIFICATE OF OCCUPANCY IS ONLY EVIDENCE OF TITLE

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WHEN GOVERNOR CAN REVOKE A RIGHT OF OCCUPANCY

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CERTIFICATE OF OCCUPANCY IS NOT CONCLUSIVE PROOF OF RIGHT OF OCCUPANCY

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GOVERNOR HAS NO RIGHT TO REVOKE R OF O FOR ANOTHER PRIVATE PERSON

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NEW CERTIFICATE OF OCCUPANCY CANNOT BE AWARDED WITHOUT THE EARLY ONE REVOKED

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