Revocation of C of O in Nigeria: How landowners can protect their assets

In Nigeria, land ownership is a complex and often contentious issue. For many Nigerians, owning land is not just about having a place to call home or run a business; it’s a significant investment and a symbol of financial security. However, the security of land ownership can be threatened by the government’s power to revoke Certificates of Occupancy (C of O). This article explains the intricacies of C of O revocation in Nigeria, exploring the laws that govern land use, reasons for revocation, and most importantly, how landowners can protect their valuable assets.
What does C of O mean?
A Certificate of Occupancy, commonly referred to as C of O, is a crucial document in Nigerian land ownership. It is an official certification issued by the state government, granting the right of occupancy to a piece of land to an individual, group, or organization. The C of O serves as the highest form of title document for land in Nigeria, providing legal proof of ownership and the right to use the land for a specified purpose and duration.
The C of O contains essential details such as the name of the property owner, the location and size of the land, the purpose for which the land can be used, and the terms and conditions of occupancy. This document is particularly important because, under Nigerian law, all land is technically owned by the government, with individuals and entities granted rights of occupancy.
Laws Governing Land Use in Nigeria
The primary legislation governing land use in Nigeria is the Land Use Act of 1978. This Act vests all land in each state of the federation in the governor of that state.
The Act aims to:
1. Streamline land ownership and reduce conflicts over land.
2. Make land more readily available for development.
3. Eliminate speculation in land values.
Under the Land Use Act, the governor has the power to grant statutory rights of occupancy for all urban land, while local governments can grant customary rights of occupancy for rural land. The Act also provides for the issuance of Certificates of Occupancy as evidence of these rights.
Other relevant laws include:
1. The Nigerian Urban and Regional Planning Act of 1992, which governs physical planning and development control.
2. Various state laws on land use and property rights.
3. Customary laws, which still play a significant role in land matters in many parts of Nigeria.
Reasons for the Revocation of C of O
While a C of O is a powerful document, it is not absolute. The government, through the state governor, has the power to revoke a C of O under certain circumstances. Common reasons for revocation include:
1. Overriding Public Interest: This is the most frequently cited reason for C of O revocation. If the government needs the land for public use, such as building infrastructure or public facilities, it can revoke existing C of Os.
2. Breach of Terms: If the landowner violates the terms and conditions stipulated in the C of O, such as using the land for a purpose different from what was approved, the government can revoke the certificate.
3. Non-payment of Ground Rent: Failure to pay the annual ground rent as stipulated in the C of O can lead to revocation.
4. Fraudulent Acquisition: If it’s discovered that the C of O was obtained through fraudulent means, it can be revoked.
5. Environmental Concerns: If the use of the land poses significant environmental risks or violates environmental regulations, the C of O may be revoked.
6. National Security: In rare cases, C of Os may be revoked for reasons of national security.
7. Abandonment: If the land is left unused or undeveloped for an extended period, especially in urban areas, the government may revoke the C of O.
How to Avoid Getting Your C of O Revoked
While the government’s power to revoke C of Os is substantial, landowners are not entirely helpless. Here are several strategies to protect your land assets:
1. Comply with C of O Terms: Strictly adhere to the purpose for which the land was granted. If you need to change land use, apply for proper approval before proceeding.
2. Pay Ground Rent Promptly: Ensure that you pay your annual ground rent on time. Set up reminders or automatic payments if possible.
3. Develop Your Land: If you’ve been granted land for development, make efforts to develop it within a reasonable timeframe. This reduces the risk of revocation due to abandonment.
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4. Stay Informed: Keep abreast of government policies and urban development plans in your area. This can help you anticipate potential issues and take proactive measures.
5. Maintain Proper Documentation: Keep all documents related to your land ownership safe and easily accessible. This includes survey plans, receipts of payments, and correspondence with relevant authorities.
6. Engage with Local Authorities: Maintain a good relationship with local planning authorities. This can help you stay informed about potential changes that might affect your property.
7. Seek Legal Counsel: If you receive any notice regarding your land, consult with a lawyer experienced in land matters immediately. They can help you understand your rights and the best course of action.
8. Join Property Owners’ Associations: These groups can provide valuable information and collective bargaining power when dealing with government policies affecting land ownership.
9. Environmental Compliance: Ensure that your use of the land complies with environmental regulations to avoid revocation on environmental grounds.
10. Due Diligence: Before purchasing land or accepting a C of O, conduct thorough due diligence to ensure there are no existing issues that could lead to future revocation.
Conclusion
The revocation of Certificates of Occupancy in Nigeria is a serious concern for landowners. While the government’s power in this regard is significant, it’s not absolute. By understanding the laws governing land use, the reasons for C of O revocation, and taking proactive steps to protect their assets, landowners can significantly reduce the risk of losing their valuable property.
Remember, land ownership in Nigeria comes with both rights and responsibilities. By fulfilling your obligations as a landowner, staying informed about relevant laws and policies, and seeking professional advice when needed, you can better secure your land assets against the threat of C of O revocation.
Ultimately, protecting your land requires vigilance, compliance with laws and regulations, and a proactive approach to land management. With these strategies in place, you can enjoy the benefits of land ownership in Nigeria with greater peace of mind.
By Dennis Isong
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