Just like you need a certificate to prove completion of tertiary education, you need one for land too. To prove that you own a certain land, a document known as a Certificate of Occupancy has to be provided. Certificate of Occupancy popularly known as C of O is a legal document for land in Nigeria. It is issued by the government to prove that a person legally owns land in Nigeria. Although it is a fundamental right in Nigeria for every citizen to have access to and own land, this right is not absolute. Therefore, after buying land, you must ensure you get a Certificate of Occupancy(C of O).
A Certificate of Occupancy is a land title document issued to landowners by the government, as a legal proof of land ownership in Nigeria. The government can seize a plot of land or property without a C of O at any time without having to pay any compensation.
The aim of obtaining a Certificate of Occupancy is to establish that the house or building is in a livable condition as stated by the law. Such a certificate is usually required to occupy the facility daily, to sign a contract to sell it, and to close a mortgage on the property.
According to Section 9 of the Land Use Act 1978, the State Governor of the state in Nigeria where the land is located can issue the certificate of occupancy. The Section provides that “When any person is entitled to a statutory right of occupancy, to issue a certificate under his hand is evidence of such right of occupancy” This act introduced the notion of land use (residential, commercial, mixed-use, etc.).
This document is different from all other title papers in that it is the first title document issued on land, whether bare or developed, that has never been registered at the land registration. This is because no land in Nigeria can bear two Certificates of Occupancy.