Certificate of Occupancy (C of O, CofO)

A C of O is issued by the state governor, or by the FCT Minister in Abuja, under section 9 of the Land Use Act. It is granted either on a fresh allocation of state land or to confirm a right someone already holds, for example family land or a pre-1978 holding.

The certificate records:

• the holder's name;
• the land, by reference to a survey plan and coordinates;
• the permitted use, such as residential, commercial or industrial;
• the term of the grant (see the figures box);
• the rent payable to the state and other conditions, such as developing the land within a set time.

How strong is it? A C of O is good evidence of title, and it is what banks, buyers and courts look for first. But it is not conclusive. The Supreme Court has held in several cases that a C of O can be set aside if another person had a better title before it was issued. It does not cure a bad root of title.

Buying land that already has a C of O. The buyer does not get a new C of O. The seller transfers their right by a deed of assignment, and the buyer applies for the Governor's Consent to that transfer. The consented deed, registered at the land registry, is the buyer's title. Buyers take over whatever is left of the original term.

Electronic C of O. Lagos issues electronic C of Os with security features to reduce forgery, and applications can be made online through the Lagos e-GIS portal.

• Lagos: issued through the Lands Bureau and e-GIS. Costs are value-based, worked out on the Lands Bureau's Blue Book values, so there is no single flat fee.
• Abuja (FCT): issued through AGIS. New C of Os carry a published fee, and existing holders have been told to recertify their titles with NIN or BVN (see FCT recertification). The FCTA has revoked many titles for unpaid C of O bills and ground rent.
• Other states: each state Ministry of Lands or GIS agency issues C of Os, for example RIVGIS in Rivers and OLARMS in Ogun. Procedures and fees vary.
• Estates: many estates hold one Global C of O over the whole site; buyers get a deed from the developer rather than their own C of O at first.