08/01/2026
Many people wrongly believe that a Certificate of Occupancy (C of O) is absolute proof of land ownership. Under Nigerian law, this is not correct. A C of O is merely evidence of a right of occupancy granted under the Land Use Act, not the source of ownership itself. It shows government recognition, not original title.
The law is clear that a C of O is only prima facie evidence of title, meaning it can be challenged and defeated by someone who proves a better root of title. Where the land already belongs to another person, family, or community, any C of O issued over it is fundamentally defective.
Importantly, a C of O cannot cure a bad root of title. If the holder had no valid interest in the land before applying for the certificate, the Governor’s grant becomes worthless. The Governor can only grant what is lawfully available; he cannot take land from a true owner and give it to another by issuing a C of O.
Nigerian courts have also held that a C of O does not extinguish existing interests in land. Where prior ownership is established through first settlement, customary ownership, valid conveyance, or long possession, the court will prefer such evidence over a C of O.
In conclusion, the best root of title remains proof of original ownership or a properly traced chain of valid transfers. A C of O only supports an existing title; it does not create one. In land disputes, the law always looks beyond the certificate to the true history of the land.
