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ILLEGAL REVOCATION OF A STATUTORY RIGHT OF OCCUPANCY

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Dictum

See Ibrahim v. Mohammed (2003) 6 NWLR (Pt.817) 615 at 645 where Kalgo, JSC put the position of the law thus – “It is not in dispute that in the instant appeal, the respondent was not notified by the Governor of the intended revocation of his earlier grant exhibit 1 before granting exhibit A8 (AI3) to the appellant. This is in clear contravention of section 28(6) of the Act, it was also not shown by evidence that the respondent’s land was required for public purposes or interest. The respondent was not heard before the grant of his land was made to the appellant and no compensation was offered or given to the respondent as required by the Act. It is my respective view therefore, that under these circumstances the grant of the statutory right of occupancy over the same piece or parcel of land to which the respondent had earlier been granted certificate of occupancy, was invalid, null and void.”

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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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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).

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CERTIFICATE OF OCCUPANCY IS A PRESUMPTION OF EXCLUSIVE POSSESSION

It is settled law that a Certificate of Occupancy regularity issued by competent authority raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof. The presumption is however rebuttable. But there is no evidence from the Appellant to rebut the presumption. As a matter of fact, the Appellants did not attack the Certificate of Occupancy.

— F.F. Tabai, JSC. Agboola v UBA (2011) – SC.86/2003

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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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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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CERTIFICATE OF OCCUPANCY IS PRIMA FACIE EVIDENCE OF R of O

Wakama v. Kalio (supra), Musdapher JCA (as he then was) had this to say on pages 130/131: “The mere fact that a certificate of occupancy is issued by the Governor does not automatically vest the leasehold thereby created in favour of the person named. A certificate is only a prima facie evidence of the right of occupancy in favour of the person named as allottee. Thus any person without title to a parcel of land in respect of which a certificate of occupancy is issued acquired no right or interest.”

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