Few days ago, I was listening to an argument between two friends in Lekki, Lagos Nigeria (who are not legal minds) on the issue of legal ownership and title of land in Nigeria, whether or not the highest and safest form of legal ownership and title over landed properties in Nigeria is the one conferred on by the Certificate of Occupancy issued by the Government. After arguing for minutes and stating their different principles on legal ownership on land, they concluded on the fact that the Land Use Act of 1978 has transferred the ownership of all lands to the Government and it is the Government that can pass such ownership title in respect of land to individuals and corporate entities through Certificate of Occupancy.

I was tempted to intrude into their discussion to inform them that this is not the position of the law (but I did not). The law actually recognizes five types of legal land ownership in Nigeria and the Certificate of Occupancy is just one of them. In fact, there are many instances where the court has nullified a Certificate of Occupancy

So I am using this avenue to inform all my readers the position of the law on ownership of land and real estate in Nigeria.

In the popular case of ELEGUSHI V OSENI (2005) 14 NWLR (PT 945) AT 348 the Supreme Court stated the five types of legal land ownership in Nigeria and they are

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