A Certificate of Occupancy, commonly called a C of O is a legal document issued by the government that proves that a person owns land in Nigeria. The purpose of obtaining a Certificate of Occupancy is to establish that the house or building is in a live able condition according to the law. The one feature that makes a Certificate of Occupancy different from all other title documents is that no land can bear more than one Certificate, whether bare or developed.
Upon application, the Governor is saddled with the responsibility of issuing a Certificate of Occupancy to the person in whom title of land is vested in. The issuance of this Certificate confers upon the holder a statutory right of occupancy. The Governor of a State has the power in respect of land, whether in urban areas or not, to grant statutory right of occupancy to any person for all purposes. A statutory right of occupancy automatically extinguishes all existing rights in respect of the parcel of land over which it is granted. A statutory right of occupancy is the highest title a person can hold under the Land Use Act.
The certificate of Occupancy is not in competition with any other document. It is superior to all and all other documents must bow to it. It has the finality in terms of its contents in respect of the person, the parties and the property described therein. This is why all other relevant documents/instruments affecting land are examined and their validity/genuineness satisfied before the issuance of the Certificate. Making a false claim in order to obtain a Certificate of Occupancy is a criminal offence punishable by law. Where a Certificate of Occupancy is issued to a person in respect of land covered by a Deed of Conveyance or any other instrument, the Certificate prevails over the deed of Conveyance or those other instruments.
However, the presumption that the holding of a certificate of occupancy is conclusive evidence of the title over the land covered by it and its exclusive possession can be challenged. This is because possession alone will not automatically confer a right to statutory right of occupancy. It must be shown that the possession was rightly conferred. As such, where it is proved that possession was not rightly conferred, the Certificate issued can be challenged, rendered invalid and declared null and void. A Certificate of Occupancy can be nullified at the instance of a party with a better title. Where it is proved that another person, other than the grantee of a Certificate of Occupancy has a better title to land, such certificate can be set aside or discountenanced as invalid or defective. It can be revoked by an order of Court of competent jurisdiction on the ground that the Governor was initially misled into granting it.
Also, a grant of statutory right of occupancy can be revoked by the Commissioner of Lands for overriding public interest, non payment of rents, rates, taxes and for failure to comply with the terms of the Right of Occupancy.
Procedure for Obtaining a Certificate of Occupancy in Uyo, Akwa Ibom State
For Private Land
The following documents and materials are to be submitted to the Land Use and Allocation Committee, Block 3, State Secretariat, Uyo:
- Application Form (See Akwa Ibom State 2020 Gazette Page B6, Items 4 and 5 for Rates)
- Photocopy of registered and stamped Power of Attorney.
- Photocopy of Tax Clearance Certificate for 3 years
- Survey Plan of Plot.
- Certificate of Deposit of Survey Plan
- Photocopy of receipt of purchase of Application form
- 1 No. file Jacket
- 2 No. Self Addressed Envelopes.
- Application for Letter of Consent
The submitted applications are then published or advertised for not less than 28 days for the public to be aware and raise objections, if any, against wrongful claims.
Physical inspection of plots are also carried out by Town Planners from the Land Use Allocation Committee to ensure that plots do not fall within Government acquired land or any public utility infrastructure and also that they actually exist.
Successful applications are thereafter compiled in schedule and forwarded to the Governor’s Office, Uyo for Approval–in–principle by the Governor.
The Schedule is returned to the Land Use and Allocation Committee who then forwards the same to the Ministry of Lands and Water Resources, Block 4, State Secretariat, Uyo for further processing.
The applicant is expected to submit the following documents and materials to the Ministry of Lands and Water Resources for preparation of the Certificate.
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- Photocopy of registered title document.
- Photocopy of Tax Clearance Certificate for 3 years.
- 4 No. Original Survey Plans for subject plot.
- 4 No. recent passport photographs of applicant or Incorporation of the company
- 2 No. file jackets and envelops
- Payment of assessed statutory fees.
Certificates are then prepared and forwarded to the Governor for execution.
Upon execution by the Governor, the Certificates are returned to the Ministry of Lands and Water Resources
They are then sent to the Internal Revenue Service, Udo Udoma Avenue, Uyo (Formerly Board of Internal Revenue (B. I. R.)) for stamp duties.
Upon return from the Internal Revenue Service, the certificates are finally sent to the Deeds Registry, Ministry of Lands and Water Resources for registration
The number, page and volume are clearly indicated at the back of the Certificate in the Deeds Registry for ease of future reference
Government Land
The applicant is expected to submit the following documents and materials to the Ministry of Lands and Water Resources for preparation of the Certificate.
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- Photocopy of registered title document .
- Photocopy of Tax Clearance Certificate for 3 years.
- 4 No. Original Survey Plans for subject plot.
- 4 No. recent passport photographs of applicant or Incorporation of the company.
- 2 No. file jackets and envelops.
- Payment of premium stated in the allocation Letter and assessed statutory fees issued by the Ministry of Lands and Water Resources
- Photocopy of registered and stamped Power of Attorney.
Certificates are then prepared and forwarded to the Governor for execution.
Upon execution by the Governor, the Certificates are returned to the Ministry of Lands and Water Resources
They are then sent to the Internal Revenue Service, Udo Udoma Avenue, Uyo (Formerly Board of Internal Revenue (B. I. R.)) for stamp duties.
Upon return from the Internal Revenue Service, the certificates are finally sent to the Deeds Registry, Ministry of Lands and Water Resources for registration
The number, page and volume are clearly indicated at the back of the Certificate in the Deeds Registry for ease of future reference.
Conclusion
In concluding, a Certificate of Occupancy is only an evidence of title or exclusive possession. Once it is shown that there is a customary owner who has a better title over the land before the issuance of the Certificate, the Certificate will be readily revoked. The Certificate is granted for a specific duration and therefore does not accord the beneficiary a perpetual interest. It can be declared null and void by a Court of competent jurisdiction upon the matter being properly brought before it, such was obtained fraudulently.
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