By OLUSOJI DAOMI
Imagine buying a piece of land, paying every kobo, collecting your receipts and title documents, executing a Deed of Assignment and taking possession. You relax, believing the property is yours.
Five years later, another man appears and says: “My friend, leave this land. I have a Certificate of Occupancy covering it.” Let us call the purchaser Mr Daniel and the man with the C of O Mr Ibrahim. Daniel is naturally frightened. He asks: “How can I lose my land simply because another man has a C of O?” The answer is important: a Certificate of Occupancy is powerful evidence of a right, but it is not an automatic magic wand over every competing title.
The Supreme Court has recognised that a C of O ordinarily raises a presumption in favour of its holder, but that presumption can be rebutted where another person establishes a valid prior title. The Supreme Court had made it clear that a later Certificate of Occupancy does not necessarily destroy an earlier valid interest in the same land.
So, if Daniel bought the land in 2018 and Ibrahim obtained his C of O in 2023, the court will not simply say, “Ibrahim has C of O; case closed.” The court will ask a much more fundamental question: What is the root of each person’s title? This is where many Nigerians get land transactions wrong.
If Daniel says, “I bought it from Mr Abiodun,” the next question is: What was Mr Abiodun’s title? If Mr Abiodun inherited the property, how did his predecessor acquire it? If the land came from a family, what is the evidence of that family’s title? If Mr Abiodun himself had no valid interest, his receipt and Deed of Assignment may not manufacture ownership for Daniel.
The principle is simple: you cannot ordinarily give what you do not have. This is why buying land is not merely about paying money. It is about acquiring a title that can survive investigation. And investigation must go beyond the seller.
A proper purchaser should investigate the root of title, conduct the relevant Land Registry search, examine the survey, confirm the precise identity of the land and investigate whether the property is affected by government acquisition, previous grants, mortgages, litigation or other interests.
Then comes Governor’s Consent. Where a statutory right of occupancy is being alienated by assignment, section 22 of the Land Use Act generally requires the Governor’s consent. This is why signing a Deed of Assignment should not necessarily be treated as the end of the transaction. Depending on the circumstances, the transaction may require further perfection, including consent, stamping and registration. But registration itself is not a magic wand either. A registered document does not automatically cure a fundamentally defective title.
Now consider revocation. Can the government simply issue a new C of O to Ibrahim and thereby wipe out Daniel’s earlier interest? Not necessarily. Section 28 of the Land Use Act provides the statutory framework for revocation of rights of occupancy. The Supreme Court’s decision is instructive: an existing vested right cannot simply be extinguished by the later issuance of another Certificate of Occupancy where the law requires lawful revocation.
There is also the question of adverse possession. If Ibrahim has been occupying the land for several years, does that automatically make him the owner? No. Limitation and adverse possession depend upon the applicable law and the facts. Mere occupation does not automatically equal ownership. Questions concerning when possession began, whether it was adverse, the applicable limitation period and other statutory considerations may become decisive.
What if Ibrahim’s C of O was obtained fraudulently? That allegation must not be made casually. The purchaser must investigate the government records, application, survey plan, dates, previous title and representations made in obtaining the grant. A certificate may be genuine as a government document while the legality of the grant itself remains open to challenge.
And if the purchaser discovers that another person is attempting to take possession, sell or develop the land, he should not organise thugs to “defend” his property.
Land disputes belong in court, not on the streets. Depending on the evidence, the purchaser may seek a declaration of title or the relevant right of occupancy, appropriate declarations concerning the competing C of O, an order setting aside or otherwise nullifying an invalid grant where legally supportable and the proper parties are before the court, an injunction restraining interference with the property, and damages for trespass where trespass has occurred.
Where there is an immediate threat that the land will be sold, developed, fenced or otherwise altered, appropriate interim or interlocutory injunctive relief may also become necessary.
But before filing anything, the lawyer should reconstruct the entire history of the property. When did the original owner acquire it? When did Daniel’s vendor acquire it? When did Daniel purchase? When was his Deed of Assignment executed and perfected? When did Ibrahim apply for his C of O? What exactly does Ibrahim’s survey cover? Was there an existing right before his C of O? Was that right ever lawfully revoked? Those questions may determine the case.
Therefore, if someone suddenly appears with a C of O covering land you purchased years earlier, do not panic—but do not become complacent either. Do not ask only, “Who has the C of O?” Ask the more important question: “Who has the better legal title to this particular piece of land?” That is the question the court will ultimately have to answer.
And that is why every Nigerian buying land should remember one golden rule: Do not merely buy land. Buy a title that can survive investigation. Search before you pay. Trace the root. Survey the property. Perfect the transaction. Register where required. Preserve every document.
Because when somebody eventually arrives at your gate waving a C of O and shouting, “This land is mine,” your strongest weapon will not be your anger.
It will be your evidence.
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