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REQUIREMENT FOR THE VALIDITY OF A CERTIFICATE OF OCCUPANCY

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“For a certificate of occupancy to be valid it must be issued after the grant of a right of occupancy under Section 5 (1) (a) or Section 6 (l)(a) and (b) or Section 34(1) of the Land Use Act. A certificate of occupancy must not be issued when there is in existence another one issued over same land. In Madu Vs Madu (2008) 6 NWLR (Pt. 1083) P. 286 @ 325, the Supreme Court held that for a certificate of occupancy, under the Land Use Act, to be valid, there must not be in existence, at the time the certificate was issued, a statutory or customary owner of the land in issue who was not divested of his legal interest to the land prior to the grant. However, this principle of law is only relevant in cases where a claimant has proved that he has a prior and un-extinguished title to the land so that the new right of occupancy cannot over-ride, extinguish or have priority over that existing right. In Apostolic Church Vs Olawolemi (1990) 10 SCNJ P. 69 @ 25, the Supreme Court also held that if the issuance of a certificate of occupancy was not in accordance with the Land Use Act, the certificate is defective and the holder has no basis for a valid claim title over the land. See also Azi Vs Reg. Trustees Of Evan. Church (1990) 5 NWLR (Pt. 195) P. 111 @ 121”.

— I.S. Bdliya, JCA. Umar Ibrahim v Nasiru Danladi Mu’azu & 2 Ors. (2022) – CA/G/317/2019

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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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PARTY WITH A BETTER TITLE WILL DEFEAT PARTY WHO HAS A CERTIFICATE OF OCCUPANCY

Where a certificate of occupancy has been granted to one of two claimants who has not proved a better title, it must be deemed to be defective and to have been granted or issued erroneously and against the spirit of the Land Use Act and the holder of such a certificate would have no legal basis for a valid claim over the land in issue. So, too, where it is shown by evidence that another person other than the grantee of a certificate of occupancy had a better right to the grant, the court may have no option but to set aside the grant or otherwise discountenance it as invalid, defective and/or spurious as the case may be. See Joshua Ogunleye v. Oni (supra), Dzungwe v. Gbishe and Another (1985) 2 NWLR (Pt.8) 528 at 540. For a certificate of occupancy under the Land Use Act, 1978 to be therefore valid, there must not be in existence at the time the certificate was issued, a statutory or customary owner of the land in issue who was not divested of his legal interest to the land prior to the grant.

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

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CERTIFICATE OF OCCUPANCY ONLY GIVES RIGHT TO USE & OCCUPY

On the other hand, a certificate of occupancy only gives the right to use and occupy land. It neither confers nor is it necessarily an evidence of title. — Nnaemeka-Agu, JSC. Ogunleye v Oni (1990) – S.C. 193/1987

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MILITARY GOVERNOR CAN ONLY GRANT RIGHTS OF OCCUPANCY

Having removed the radical title from Nigerians, it has vested the control and management of the land in each state in the Military Governor in the case of land in the urban areas (see section 2(1)(a) and in the Local Government in the case of non-urban areas (see section 2(1)(b). The only interests in land the Military Governor and the Local Government can lawfully grant are rights of occupancy. (See sections 5 and 6). These rights of occupancy fall into two categories, namely (a) statutory right of occupancy. (See sections 5(1) and (2), customary right of occupancy (see section 6(1)(a & b). They cannot grant absolute interests or fee simple absolute to any person.

– Obaseki, JSC. Abioye v. Yakubu (1991) – SC.169/1987

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A GOVERNOR CAN DEFINITELY REVOKE A C OF O

On the issue of revocation, the Governor definitely has power to revoke a certificate of occupancy for (1) a breach of the provisions which a certificate of occupancy is by section 10 deemed to contain; (2) a breach of any term contained in the certificate of occupancy or in any special contract made under section 8. See section 28(5) (a) & (b) Land Use Act, 1978.

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

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AFTER LAND USE ACT, SHALL CONTINUE TO HOLD AS IF HE HAS CUSTOMARY RIGHT OF OCCUPANCY

Where developed land is not in urban area, the law is that the person in whom such land was vested before the Act came into commencement shall continue to have it vested in him as if he was a holder of a customary right of occupancy granted by a local government. It could therefore be seen that the Land use Act is not a magic wand it is being portrayed to be or a destructive monster that at once swallowed all rights on land and that the Governor or local government with mere issuance of a piece of paper, could divest families of their homes and agricultural lands overnight with a rich holder of certificate of occupancy driving them out with bulldozers and cranes. The law as it is that in areas not declared urban by a state government everybody remains where he has always been as if the new Act has vested in him a customary right of occupancy.

— Belgore, JSC. Ogunleye v Oni (1990) – S.C. 193/1987

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