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

CERTIFICATE OF OCCUPANCY IS A PRESUMPTION OF TITLE – BETTER TITLE REBUTS IT

In other words, a certificate of occupancy properly issued by a competent authority raises the presumption that the holder is the owner in exclusive possession of the land in respect thereof. Such a certificate also raises the presumption that at the time it was issued there was not in existence a customary owner whose title has not been revoked. The presumption is however rebuttable because if it is proved by evidence that another person had better title to the land before the issuance of the certificate of occupancy then the court can revoke it. See Osazuwa v. Oji (1999) 13 NWLR (Pt. 634) 286. See also Atta vs. Ezeanah (2001) FWLR (Pt. 49) 1489, (2000) 11 NWLR (Pt. 678) 363; Shogo vs. Adebayo (2000) 14 NWLR (Pt. 686) 121.

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

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

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)

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.”