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CERTIFICATE OF OCCUPANCY IS NOT CONCLUSIVE PROOF OF RIGHT OF OCCUPANCY

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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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NO ROOT OF TITLE MAKES C of O MERE PAPER

Daniel Igwu Uche v. Jonah Eke and 2 Ors., the Supreme Court per Belgore JSC (as he then was and now CJN) had this to say at pages 6 to 7: “Any grant of land whether private or by statutory right of occupancy evidenced by a certificate of occupancy will be mere piece of paper not worth anything if the root of title to make the conveyance is not vested in the vendor. If this is not so, all a person has to do is to go to the land office of the government and obtain a right of occupancy in respect of land of a family who may not know that their land has been given to a complete stranger.”

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STATUS OF A RIGHT OF OCCUPANCY ACQUIRED OVER A PARCEL OF LAND WHEN THERE IS IN EXISTENCE ANOTHER CERTIFICATE OF OCCUPANCY, WHICH HAS NOT BEEN REVOKED

“Where two or more persons claim title to land by virtue a certificate of occupancy, the first in time takes precedence over and above the former. Furthermore, the law is trite, any title or right of occupancy acquired over a parcel of land when there is in existence another certificate of occupancy, which has not been revoked in accordance with the law, the latter title cannot be valid in law. See Adole v. Gwar (2008) 11 NWLR (Pt. 1099) P. 562; Salami v. Oke (1987) 4 NWLR (Pt. 63 P. 1; Ajilo v. SBN Ltd (1989) 1 NWLR (Pt. 97) P. 555 and Ogunleye v. Oni (1995) 2 NWLR (Pt. 135) P. 745.” — 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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DEEMED HOLDER OF RIGHT OF OCCUPANCY

The land in dispute being developed land before the Land Use Act came into force, who ever had it vested in him then was deemed to have continued to hold the land after the commencement of the Act as if he was the holder of a statutory right of occupancy issued by the Governor under S.5 of the Act. It then follows that no other person can be granted a right of occupancy unless S. 28 of the Act is complied with. Any right of occupancy otherwise purportedly granted is contrary to the provisions of the Act and will be of no validity. See Teniola v. Olohunkun (1999) 5 NWLR (Pt.602) 280. It will be set aside by the court in an appropriate case, or be discountenanced when relied on as against a subsisting holder or deemed holder of a right of occupancy.

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

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CIRCUMSTANCE WHERE A CERTIFICATE OF OCCUPANCY IS LIABLE TO BE DECLARED INVALID

“A certificate of occupancy or any other document of title is prima facie evidence of title, but will give way to a better title. A person in whose name a certificate of occupancy has been issued can only validly hold on to it if he can show that he legitimately acquired the land. He should be able to show that the certificate was issued in his favour after he had properly acquired the land. Thus, where it is proved that another right of occupancy resides in another person, and such right has not been extinguished, the certificate of occupancy is liable to be declared invalid. See also the following cases: Ilona Vs Idakwo (2003) 11 NWLR (Pt. 830) P. 53; Eso Vs Adeyemi; Azi Vs Reg. Trustees Of The Evan. Church Of West Africa (1991) NWLR (Pt. 155) P. 113; and Reg. Trustees, Apostolic Church Vs Olowoleni (1995) 6 NWLR (Pt. 158) P. 514.”

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

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CUSTOMARY RIGHT OF OCCUPANCY PREDATES THE LAND USE ACT AND LINKED WITH THE CUSTOM

A person with a customary right of occupancy is entitled to use the land in accordance with customary law. A customary right of occupancy pre-dates the Land Use Act and is intimately linked with the custom of the people of the area. It is a creation of customary law and the fact that it can now be granted by the local government has not taken it out of the realm of customary law. The total quantum of interest contained in the right of occupancy has to be determined by the customary law of the area. Its creation does not extinguish the rights of other persons in the land.

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

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