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

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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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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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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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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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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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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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GOVERNOR HAS NO RIGHT TO REVOKE R OF O FOR ANOTHER PRIVATE PERSON

The evidence shows that the right of the plaintiff was revoked on the pretext of overriding public interest but in reality the land was thereafter granted to the 3rd defendant, a private person, for its private business. With the exception of revocation on ground of alienation under section 28(2) (a) or of the requirement of the land for mining purpose or oil pipelines under section 28(2)(c), the Governor has no right to revoke the statutory right of an occupier and grant the same to a private person for any other purpose than those specified by section 28(2) of the Act.

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

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