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

CERTIFICATE OF OCCUPANCY IS ONLY PRIMA FACIE EVIDENCE OF TITLE

It must however be stressed that this does not and cannot, mean that once instrument of title to land, such as a Deed of Conveyance or a Certificate of Statutory or Customary right of occupancy is tendered in court, this automatically proves that the land therein purportedly conveyed, granted or transferred by that instrument becomes the property of the grantee. See Prince Ngene v. Chike Igbo and Another (2000) 4 NWLR (Pt. 651) 131. The existence of a certificate of occupancy is merely a prima facie evidence of title to the land it covers and no more. Nor does mere registration validate spurious or fraudulent instrument of title or a transfer or grant which in law is patently invalid or ineffective. See Lababedi and Another v. Lagos Metal Industries Ltd. and Another (1973) 8 N.S.C.C. 1. (1973) 1 SC. 1.

— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993

CERTIFICATE OF OCCUPANCY GRANTED TO ONE WHO HAS NO BETTER TITLE CONTRADICTS THE LAND USE ACT

As the position was explained by this court in Ogunleye v. Oni (1990) 2 NWLR (Pt.135) 745 at 752,774 – 786: “This is the weakness of a certificate of occupancy issued in such a case. It is never associated with title. Thus, 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.”

CERTIFICATE OF OCCUPANCY IS IN SUBSTANCE A TERM OF YEARS MAKING IT A LEASE

What is the legal basis of a certificate of occupancy? A holder of a certificate of occupancy holds the title to the property and subject only to the conditions stipulated in the Land Use Act. A certificate of occupancy creates a term of years absolute or a lease for a number of years stated therein. See Chiroma vs. Suwa (1986) 1 NWLR (pt. 19) 751. The greatest legal estate that can now subsist under the Land Use Act is a term of years. The grant of a term of years under a certificate of occupancy is in substance a lease. See Dr Otti vs. Attorney-General of Plateau State (1985) HCNLR 787.

— N. Tobi, JSC. Ezennah v Atta (2004) – SC.226/2000

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

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