LEGAL PRINCIPLE: LAND LAW – Land Use Act – Requirement for Valid Grant of Certificate of Occupancy
PRINCIPLE STATEMENT
For a certificate of occupancy under the Land Use Act, 1978 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.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Olohunde & Anor v. Adeyoja (2000) NLC-151995(SC) at p. 15; Paras D–E.
"For a certificate of occupancy under the Land Use Act, 1978 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."
EXPLANATION / SCOPE
A Certificate of Occupancy is invalid if issued while a statutory or customary owner existed whose legal interest was not divested prior to grant. The Land Use Act vests all land in the Governor but recognizes pre-existing rights. The Governor cannot grant valid rights over land already owned by another unless the owner’s interest has been properly extinguished—usually through compensation. The Act does not arbitrarily expropriate existing rights. Therefore, a grant that ignores pre-existing ownership is void. The certificate holder cannot claim valid title against the true owner whose interest was never divested.