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

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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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CERTIFICATE OF OCCUPANCY GRANTED TO ONE WHO HAS NOT PROVED A BETTER TITLE

It must be noted that the Land Use Act never set out to abolish all existing titles and rights to possession of land. Rather, where such rights or titles relate to developed lands in urban areas, the possessor or owner of the right or title is deemed to be a statutory grantee of a right of occupancy under section 34(2) of the Act. Where it is non-urban land, the holder or owner under customary law or otherwise is deemed to be a deemed grantee of a right of occupancy by the appropriate Local Government under section 36(2). This court re-affirmed this position in the case of Dzungwe v. Gbishe & Anor. (1985) 2 N.W.L.R. (Part 8) 528 at p.540. So, in a case like the instant, the issue is often who proved a better title or right to possess the land. Where, as in this case, a certificate of occupancy has been granted to one of the claimants who has not proved a better title, then it has been granted against the letters and spirit of the Land Use Act. The courts cannot close their eyes to the weakness of his case for entitlement to it and hold that his weak title has been strengthened by the grant of the certificate of occupancy. Indeed a certificate of occupancy properly issued under section 9 of the Land Use Act ought to be a reflection and an assurance that the grantee has to be in occupation of the land. Where it is shown by evidence that another person had a better right to the grant, the court will have no alternative but to set aside the grant, if asked to do so, or otherwise to ignore it.

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

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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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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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WHERE TWO CERTIFICATES OF OCCUPANCY ARE ISSUED OVER THE SAME LAND

“The certificate of occupancy issued in 2008 supersedes and takes priority over the one issued in 2011. Where two persons trace their root of title to the same source, the earlier in time prevails. See Ejuetam v. Olaiya (2001) RSCNl P. 140 @ 168.”

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

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THE WEIGHT OF A CERTIFICATE OF OCCUPANCY

It is settled law that a certificate of occupancy is only a prima facie evidence of title or right of occupancy in favour of the person whose name is on the certificate of occupancy. Where a rebuttal is raised on that presumption, the trial court is bound to examine all the surrounding circumstances, including the nature of competing claims, why the certificate of occupancy is issued in that person’s name and any other issues of law or fact on why a rebuttal of that presumption is raised.

– Bulkachuwa, JSC. Atta v. Ezeanah (2000)

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REQUIREMENT FOR THE VALIDITY OF A CERTIFICATE OF OCCUPANCY

“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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