Introduction

Land ownership in Nigeria is often surrounded by assumptions that once a person acquires a property or obtains a Certificate of Occupancy, their rights are permanent and absolute. However, the legal framework governing land in Nigeria tells a different story. Understanding how land rights work, the government’s authority over land, and the realities of compulsory acquisition is essential for every current or prospective landowner.

This article explains the true meaning of land ownership in Nigeria, clarifies common misconceptions, and outlines the steps you must take to protect your property rights.

Understanding the Right to Own Property

The right of every Nigerian citizen to own movable or immovable property anywhere in the country is guaranteed under Section 43 of the 1999 Constitution (as amended).

However, under Section 1 of the Land Use Act, all land in each state is legally vested in the Governor, who holds it in trust for the benefit of the public. This means:

  • Individuals do not own land outright; instead, they hold a Right of Occupancy for a specified period.
  • The government retains the authority to reclaim land for public purposes through compulsory acquisition, provided fair compensation is paid.

Land Is Ultimately Governed by the Government

One of the most misunderstood aspects of land ownership in Nigeria is the belief that documents such as a title deed or Certificate of Occupancy (C of O) grant absolute and permanent ownership. In reality, the Land Use Act gives the government overarching powers over land allocation and management.

While private landowners have the right to use, enjoy, transfer, and develop their land, these rights exist within the boundaries of the government’s superior title.

Common Misconceptions About Land Ownership

Many land disputes arise from misinformation. Here are some frequent misconceptions:

Myth 1: A title deed makes my land untouchable.

Reality: A title deed protects valid ownership but does not override government authority.

Myth 2: A Certificate of Occupancy grants permanent ownership.

Reality: A C of O grants a leasehold—typically 99 years—not freehold ownership. The government still retains superior ownership.

Myth 3: Customary land is not controlled by the government.

Reality: All land, including customary land, falls under the Governor’s control and requires proper approval through a Customary Right of Occupancy.

Myth 4: A survey plan is proof of ownership.

Reality: A survey plan only defines the boundaries of the land. It is a supporting document, not proof of ownership.

Myth 5: The government must seek my permission before acquiring my land.

Reality: The government can acquire land for “public purpose” or “overriding public interest” without your consent, as long as due process is followed.

Compulsory Acquisition of Land

Compulsory acquisition is the legal process by which the government acquires private land for a public purpose or for economic development. This power is granted by the Constitution and the Land Use Act.

Although the government has this authority, the acquisition must strictly follow the law to be valid.

How Government Acquisition Works

For compulsory acquisition to be lawful, the following steps must occur:

  1. The landowner must receive a formal notice of revocation.
  2. The notice must clearly state the public purpose for the acquisition.
  3. Revoked land cannot be reallocated to private individuals or entities.
  4. The revocation must be authorized or signed by the Governor.
  5. The landowner must have an opportunity to respond.
  6. The land is surveyed and professionally valued.
  7. The government pays compensation to the landowner.

Your Rights as a Landowner

  • The right to fair and prompt compensation
  • The right to object or negotiate if the valuation is unfair

Conditions for Compensation

Compensation is not automatic. Anyone claiming compensation must prove ownership or show a legal interest in the land.

Accepted proofs include:

  • A Certificate of Occupancy (C of O)
  • A registered deed or title
  • Evidence of lawful occupation or improvements

Without these, compensation may be denied or limited only to the improvements made on the land.

How to Protect Your Property Rights

Every landowner should take the following steps:

1. Conduct Due Diligence When Acquiring Land

2. Obtain Proper Documentation

Key documents include:

  • Deed of Assignment/Conveyance
  • Registered Survey Plan
  • Certificate of Occupancy or another valid title
  • Receipts for land purchase and subsequent improvements

3. Register Your Title

4. Obtain Necessary Consents

All documentation must be duly registered with the appropriate government agencies. Proper documentation ensures your interests are protected if your land ever becomes subject to acquisition.

Protecting Your Rights During Government Acquisition

If your land becomes the subject of acquisition:

  1. Seek legal representation immediately
  2. Verify the authenticity and purpose of the revocation notice
  3. File formal objections within the required timeframe
  4. Ensure all notices and documents are properly served
  5. Prepare for valuation and compensation assessment
  6. Gather all relevant documents—titles, survey plans, receipts, and proof of improvements
  7. Negotiate or challenge compensation that is inadequate

Latest Posts