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Understanding the Types of Certificates of Occupancy in Nigeria by Dennis Isong

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A Certificate of Occupancy (C of O) is a crucial legal document that establishes the right of an individual or entity to possess and utilize a piece of land in Nigeria.

This document plays a pivotal role in the country’s land tenure system, and there are various types of Certificates of Occupancy, each with its unique features and implications.

The Statutory Right of Occupancy is one of the most common types of C of O in Nigeria. It is issued under the provisions of the Land Use Act of 1978, which vests all lands in the country in the government. Individuals or entities seeking to acquire land must apply for this type of C of O.

The government grants the statutory right of occupancy for a specified term, typically 99 years, and the landholder is expected to comply with the terms and conditions outlined in the document.

  1. Statutory Right of Occupancy:
  1. Customary Right of Occupancy:

In areas where customary land tenure systems prevail, the Customary Right of Occupancy is applicable. This type of C of O recognizes and formalizes land rights based on customary practices. It is crucial for individuals to adhere to the customary rules of the community to obtain and maintain this right of occupancy. The Customary Right of Occupancy provides a legal framework for land ownership within the context of local customs and traditions.

  1. Deemed Grant:

The Deemed Grant of C of O occurs when an individual or entity has been in continuous and undisturbed possession of land for an extended period, typically 12 years.

In such cases, the law deems the government to have granted the occupier the right to the land. However, the conditions for a Deemed Grant vary, and it is essential for individuals to consult legal professionals to ensure compliance.

  1. Rural Certificate of Occupancy:

Specifically designed for rural areas, the Rural Certificate of Occupancy is a form of land title that aims to encourage agricultural and rural development.

It provides a legal basis for individuals to engage in agricultural activities and other developments in rural settings. The conditions for obtaining this type of C of O often involve demonstrating a commitment to rural development projects.

Challenges and Considerations:

While Certificates of Occupancy provide a legal framework for land ownership in Nigeria, there are challenges and considerations that individuals should be aware of.

Delays in the issuance of C of O, bureaucratic processes, and disputes over land ownership are common issues that can arise. It is crucial for individuals to navigate these challenges by seeking legal advice, conducting due diligence, and engaging with the appropriate land authorities.

Legal Compliance:

Compliance with the conditions outlined in the Certificate of Occupancy is paramount. Failure to adhere to the terms and obligations specified in the document can lead to revocation of the C of O. Regular inspections and assessments by relevant authorities may occur, underscoring the importance of continuous compliance.

Certificates of Occupancy in Nigeria are instrumental in securing land rights and fostering responsible land use

Land Use Planning:

Certificates of Occupancy are also closely tied to land use planning. Zoning regulations, environmental considerations, and adherence to development plans are integral aspects that landholders must take into account. It is essential to ensure that any development on the land aligns with the stipulations set forth in the C of O and local planning regulations.

Professional Assistance:

Given the complexity of land laws and the potential challenges in the process, individuals are strongly advised to seek professional assistance. Legal experts specializing in real estate and land matters can provide invaluable guidance, ensuring that all legal requirements are met and potential pitfalls are avoided.

Future Developments:

The landscape of land tenure in Nigeria may undergo changes with evolving legislation and policies. Staying informed about any amendments to land laws and government policies is crucial for individuals holding Certificates of Occupancy. Adapting to these changes will help protect landholders’ rights and interests over time.

Certificates of Occupancy in Nigeria are instrumental in securing land rights and fostering responsible land use. However, navigating the complexities of the land tenure system requires diligence, compliance, and a proactive approach. Whether acquiring a Statutory Right of Occupancy, adhering to Customary Land practices, or benefiting from a Deemed Grant, individuals should be aware of the challenges and considerations involved. Seeking professional assistance and staying informed about legal developments will contribute to a secure and sustainable land ownership experience in Nigeria.

▪︎Dennis Isong is a TOP REALTOR IN LAGOS.He Helps Nigerians in Diaspora to Own Property In Lagos Nigeria STRESS-FREE. For Questions WhatsApp/Call 2348164741041

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Crime

Alleged money laundering: Yahaya Bello’s name not on property documents, EFCC witness tells court

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Case adjourned to March 6, 7 for continuation of trial

The Federal High Court, Abuja, on Monday, adjourned the money laundering case instituted by the Economic and Financial Crimes Commission against the immediate past Governor of Kogi State, Yahaya Bello, to March 6 and 7, 2025, for continuation of trial.

The court adjourned after the prosecution counsel, Kemi Pinheiro, SAN, called his two witnesses, one on subpoena.

When Pinheiro, SAN, called the first witness, Segun Joseph Adeleke, the Defendant’s Counsel, Joseph Daudu, SAN, objected, saying that the witness’ name was not included in the initial list of witnesses provided by the prosecution.

This, he said, could affect his cross-examination.

The trial, however, proceeded and the witness, who identified himself as the General Manager of Efab Properties Limited, was asked to tell the court what he knows about a property on 1, Ikogosi Road, Maitama and another one in Gwarinpa.

Adeleke told the court that the name of the former governor did not reflect on any of the two properties being examined on Monday and that he did not sight him throughout the transactions.

Giving an account of what transpired, he said sometime in 2020, his chairman, Chief Fabian Nwora, introduced him to a young man called Shehu Bello and that they had a discussion concerning the purchase of the property.

“We had a discussion concerning the purchase of the property in question. And he told me that the young man would be coming back to make payment for the property at an agreed price of N550 million,” he said.

When asked if he had seen Shehu Bello since that day, he said, “I saw him three times. The first time was for introduction, the second time for payment and the third time was when he brought a legal document for the execution of the EFAB property.”

The EFCC lawyer then mentioned another property at 5th Avenue in Gwarinpa and told the witness to tell the court what he knows about it.

Responding, the witness said the property was purchased by one Nuhu Mohammed for N70 million and was paid for through a bank transfer.

He was asked if he remembered which bank the money came from, but he said no.

On cross-examination, the defendant’s counsel, Daudu, SAN, asked if the witness’ actions were purely based on the instructions of his chairman. He responded, “Yes.”

The counsel further asked whether it was correct to say that he did not initiate any discussion with Shehu Bello on his own, to which he also answered, “Yes.”

On the documents signed for the transactions, the Defendant’s Counsel asked the witness if he could confirm that Shehu Bello signed his own part in his presence.

“He did not my Lord,” he answered.

Daudu, SAN, also asked: “Throughout this transaction, did you set eye on the defendant?”

“Not at anytime in the course of this transaction,” the witness responded.

He was also asked if the name of the defendant appeared anywhere on the documents he said were with the EFCC.

He, again, answered, “no!”
The Prosecution then told the court that they had another witness to call, on subpoena.

The Defendant’s Counsel objected that they were being taken by surprise but added that he had no intention of stalling the trial.

The second witness identified herself as Williams Abimbola, a compliance officer with the United Bank for Africa Plc (UBA).

She had the subpoena with her, which the lawyer sought to tender as evidence.

The Defendant’s counsel had no objection and it was marked “Exhibit 1”.

The witness read out the documents the subpoena asked for to include the statement of account of Kogi State Government House, from January 1, 2016 to January 31, 2024.

The statements of account of Maselina Njoku, from January 1 to December 31, 2022, were also admitted in evidence, including the account opening packages of American International School and statements of accounts, from September 1 to September 30, 2020.

Justice Emeka Nwite then adjourned to March 6 and 7, 2025 for continuation of trial.

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Chief Ayo Adebanjo scheduled for Burial on May 4, 2025

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The family of late elder statesman and Afenifere leader, Chief Samuel Ayo Adebanjo, has announced the funeral arrangements for the revered nationalist, who passed away on February 14, 2025, at the age of 96.

According to the family, the burial ceremonies, scheduled to hold on Saturday May 4, 2025, will take place in Lagos and Ogun States.

In a statement sent to Ohibaba.com and signed by Ms Ayotunde Ayo-Adebanjo, the family said:

Following the passing of our patriarch, elder statesman and nationalist, Chief Samuel Ayodele Adebanjo (April 10, 1928 – February 14, 2025), the family hereby notifies you of the funeral activities:

1. Day of Tributes/ Service of Songs: Date: Wednesday, April 30, 2025 Venue: Harbour Point, Victoria Island, Lagos Time: 1:00 pm – 6:00 pm

2. Wake: Date: Friday, May 2, 2025, Venue: Pa Ayo Adebanjo’s Country Home, Isanya Ogbo, Ijebu Ode, Ogun State, Time: 4:00 pm – 6:00

3. Church Service/Final Burial: Date: Saturday, May 3, 2025, Venue: St Phillips Anglican Church, Isanya Ogbo, Ijebu Ode, Ogun State Time: 10:00 am – 1:00 pm

4. Thanksgiving: Date: Sunday, May 4, 2025 Venue: St Phillips Anglican Church, Isanya Ogbo, Ijebu Ode, Ogun State, Time: 10:00 am – 12:30 pm

We covet your prayers for the family and your professional support as wecontinue with the preparations to give him a most befitting burial. We alsolook forward to your esteemed presence at all the events.

Please accept the assurances of our highest regards.

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BREAKING: Aiyedatiwa, Adelami sworn in as governor, deputy in Ondo

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Governor Lucky Aiyedatiwa of Ondo State and his deputy, Olayide Adelami, have been sworn in for a fresh four year term.

The Chief Justice of the state, Olusegun Odusola administered the oath to Aiyedatiwa and Adelami amid the presence of the people of the state and dignitaries who witnessed the event.

While taking the oath of office, the number one and number two citizens vowed to uphold the constitution, work within its dictates, and ensure the well-being of the people of the state.

The inauguration marks the takeoff of a new administration in Ondo State.

Present at the oath-taking event were the Governor of Lagos State, Babajide Sanwo-Olu, Governor of Ekiti, Abiodun Oyebanji, Minister of Interior, Olubunmi Tunji-Ojo, Minister of Youth Development, Ayo Olawande, among others.

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