AN ASSESSMENT OF THE APPLICATION AND ISSUANCE OF

CERTIFICATE OF OCCUPANCY TO LAND OWNERS IN

OLORUNDA LOCAL GOVERNMENT, OSOGBO, OSUN STATE.

BY

JAMIU AYOMIPO KABIRU

HE20210101768

DEPARTMENT OF ESTATE MANAGEMENT AND VALUATION,

SCHOOL OF ENVIRONMENTAL STUDIES,

FEDERAL POLYTECHNIC EDE,

OSUN STATE.

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE

AWARD OF THE HIGHER NATIONAL DIPLOMA IN ESTATE

MANAGEMENT AND VALUATION.

JANUARY, 2024.
CERTIFICATION
This is to certify that this project was carried out by JAMIU AYOMIPO KABIRU with Matric

Number HE20210101768, of the Department of Estate Management and valuation, School of

Environmental Studies, Federal Polytechnic Ede, Osun-State, Nigeria.

ESV (Mrs.) ADEDAYO A.G. ___________________

Project Supervisor Sign &Date

ESV. CHIWUZIE AUGUSTINE __________________

Head of Department Sign &Date

ii
 DEDICATION

I dedicate this study to Almighty God for giving me the strength and good health to complete it

and to my parents for their financial and moral support throughout this journey.

iii
 ACKNOWLEDGEMENT

I wish to thank Almighty God for giving me the strength and good health to complete this work.

My sincere gratitude also goes to my dear parents, Mr. and Mrs. Jamiu, for their support which

made this journey a success. I also thank my dear pastor, (pastor Niyi Makanjuola), for his

spiritual guidance and support, more of God’s goodness in your life sir. My profound gratitude

goes to my supervisor in person of Esv (Mrs.) Grace Adedayo for her untiring attention and

scholarly guidance throughout the period of this work, May God reward you abundantly and

continue to guide and protect you in all your endeavors. I thank my dear brothers, Philip, Joshua,

John and Ojo Oluwole Emmanuel, may God Almighty bless you and reward you mightily.

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 ABSTRACT

Certificate of Occupancy has become the most popular evidence of title. This is because it is

statutorily provided for and issued by the State Government. Also, financial institutions regard

the C of O as a reliable form of collateral and have a preference for this over other land

documents. The documents and process required for the issuance of C of O to a Statutory right of

Occupancy holder by the State Government differs from State to State. The main purpose of this

study is to examine the application and issuance of certificate of occupancy to land owner. And

the objectives are to identify the procedures of issuing certificate of occupancy, to examine the

effectiveness of the procedures in granting certificate of occupancy, to assess the factors

militating against the issuance of certificate of occupancy. The study therefor shows that the

process of applying for the C of O is partly dependent on whether the land is obtained from the

State Government or a private person. When buying directly from the State Government, the

buyer is to start application for C of O as soon as the sale of the property is finalized as there is

no doubt as to ownership or authenticity of the power to sell such land. Whereas when buying

from families or the popular “omo onile”, it is compulsory to make findings to ensure that the

property indeed belongs to the people claiming ownership to it. Based on the objectives and

findings of this study, it is therefore recommended that, the procedure of getting certificate of

occupancy should be reviewed by Government. Government should take a bold step to eradicate

corruption in all the process of getting certificate of occupancy, and government should pay rapt

attention to the department in charge of certificate of occupancy and also set up a panel to

monitor the process closely.

Key word: Application, Certificate of occupancy, issuance.

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TABLE OF CONTENT

Title page i

Certification ii

Dedication iii

Acknowledgement iv

Abstract v

Table of content vi-viii

CHAPTER ONE

INTRODUCTION

1.1 Background of the study 1-3

1.2 Statement of the problem 3

1.3 Research questions 3

1.4 Aim and objectives of the study 4

1.5 Significance of the study 4

1.6 Scope of the study 4

1.7 Limitation of study 5

1.8 Definition of terms 5-6

CHAPTER TWO

LITERATURE REVIEW

2.1 Concept of land 7

2.2 Concept of Property 8

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2.3 Peculiarities of Land 11

2.4 Land Use 12

2.4.1 Causes of Land Use Change 13

2.5 Land Use Policies In Nigria Before The Act 13

2.5.1. Northern States 14

2.6 The Land Use Act of 1978 16

2.6.1 Powers Of The Governor And The Local Government Under The Act 19
2.6.2 Rights And Privileges Of A Holder 21

2.7 Procedures For Land Allocation 23

2.8 Effects of Land Use 26

CHAPTER THREE

3.1 Introduction 36

3.2 Data Reqiurements/Data Sourrce 36

3.3 Study Population 36

3.4 Sample Frame 38

3.5 Sampling Technique and Sampling Size 38

3.6 Data Collection Instrument 39

3.7 Questionnaire Design 39

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3.8 Method of Data Collection 40

3.9 Method of Data Measurement and Analysis 40

CHAPTER FOUR

4.1 Introduction 41

4.1 Data presentation and analysis 41

CHAPTER FIVE

5.1 Summary of findings 52

5.2 Recommendation 53

5.3 Conclusion 53-54

Reference 55

Appendix 58

viii
 CHAPTER ONE

1. 0 INTRODUCTION

1.1 BACKGROUND TO THE STUDY

Land Ownership identifies the ownership or means of control of the land on which a

building is constructed. The demands for arable land, grazing, forestry, wildlife, tourism and

property development are greater than the land resources available (Ratcliff, 2020). In the

developing countries including Nigeria, these demands become more pressing every year. The

population dependent on the land for food, fuel and employment will double within the next 25

to 50 years. Even where land is still plentiful, many people may have inadequate access to land

or to the benefits from its use especially for property development. Land must change to meet

new demands yet change brings new conflicts between competing uses of the land and between

the interests of individual land users and the common good.

Land is a private property, its ownership and use is protected by the constitution (Farmer

and Gibb, 2022). It is the free gift of nature to mankind. Every activity of man as of necessity

takes place on land and as a result of increased activities there arose conflicts in different land

uses. One land use tends to succeed another, where this is no control of such succession and use.

Ratcliff (2020) states that succession of land use for its own sake is hardly desirable and change

in advance of the appropriate time will only contribute to the inefficiency of the urban structure.

He also argued that there are times when succession appear to lag behind the needs of the

community, when actually, the fundamental factors that call for a readjustment of land uses are

not present. Thus, the need for spatial ordering of land use with a view to creating functionally

efficient and aesthetically pleasing environment for living, circulation and recreation, becomes

1
imperative. The creation of a balanced land use system (urban equilibrium), that is, the provision

of adequate land for the various land uses, consistent with the creation of functionally efficient

physical environment, is the objective of the land use allocation. Land use allocation is to ensure

the best utilization of land in the national interest, and to prevent individual land owners from

using that land to the detriment of body politic (Ayangbaju, 2021). There has been several

concerns in the recent times as to the procedure involves in the allocation of land for property

development. It ranges from the high cost to the fraudulent activities attached to land for

property development.

This is in spite of their common law right to develop their land, as they like, provided they

do not cause any nuisance or interfere with the rights of others. Land use allocation necessarily

has to do with the siting of buildings and communication routes with objectives of achieving

equilibrium between convenience, beauty and cost. According to Nwanekezie (2022), land use

allocation determines where residential buildings and even new industries should be located,

how raw materials can be transported to them, and their products distributed to market, where the

employees should live, how they would get to work, where schools and other institutions should

be situated.

The basic principle of allocation is that adequate land should be set aside for each use at the

onset in appropriate locations pending the time they will be needed and or funds will be available

for their provision or development. This is because it takes at least ten to twenty years to fully

develop a residential neighborhood for instance, and it is not possible to provide at the initial

stage of development all the facilities and services proposed in a layout plan even if money is not

a constraint. Their provision of development is normally spread over time to keep peace with the

development states of the neighborhood. In conclusion, this study therefore focuses on accessing

2
and application of issuance of certificate of occupancy in Olorunda Local Government area

Osogbo in Osun state.

1.2 STATEMENT OF THE PROBLEM

Most cities in Nigeria and other developing countries were not planned (Nwanekezie,

2021). They started as villages or trade centres before increasing in size to a big city today. Such

process of city growth has been marked with haphazard development, poor planning, urban

sprawl and environmental degradation. Business districts often spill over into the surrounding

residential and industrial areas. The variety of growth and changing pattern of land use found in

different cities complicate the process of identifying simple principles that govern the allocation

of land uses. Barlower (2020) states that urban land use allocation has been designed to promote

the orderly development of the nation land resources, minimize certain problems and conflict

associated with private use, foster the optimum development of the land resource base and

maximize the public welfare. However, the major concern in this study is to assess the

application of and issuance of certificate of occupancy to land owners Olorunda Local

government, Osogbo Osun State

1.3 RESEARCH QUESTIONS

 What are the procedures involved in obtaining certificate of occupancy in Olorunda Local

government, Osogbo Osun State?

 How effective are the procedures involved in getting certificate of occupancy in Olorunda

Local government, Osogbo Osun State?

 What are the factors militating against the issuance of certificate of occupancy in

Olorunda Local government, Osogbo Osun State?

3
1.4 AIM AND OBJECTIVES OF THE STUDY

The aim of this study is to examine the application and issuance of certificate of occupancy to

land owner in Olorunda Local Government area, Osogbo Osun State with a view to achieve the

legal procedure for land allocation.

The objectives are as follows:

 to identify the procedures of issuing certificate of occupancy in Olorunda local

government area, Osogbo.

 to examine the effectiveness of the procedures in granting certificate of occupancy in

Olorunda local government area, Osogbo.

 to assess the factors militating against the issuance of certificate of occupancy in

Olorunda local government area, Osogbo.

1.5 SIGNIFICANCE OF THE STUDY

The outcome of this study will educate the general public on the application of certificate of

occupancy and as well enlighten them on the effectiveness of the procedure to facilitate

convenient property development process. This research will be a contribution to the body of

literature in the area of the effect of personality trait on student’s academic performance, thereby

constituting the empirical literature for future research in the subject area.

1.6 SCOPE OF THE STUDY

This study will cover the process involved in insurance certificate of occupancy for property

developer or land owner in Olorunda local government area, Osogbo

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1.7 LIMITATION OF STUDY

 Financial constraint- Insufficient fund tends to impede the efficiency of the researcher in

sourcing for the relevant materials, literature or information and in the process of data

collection (internet, questionnaire and interview).

 Time constraint- The researcher will simultaneously engage in this study with other

academic work. This consequently will cut down on the time devoted for the research

work

DEFINITION OF TERMS

1.8.1 LAND USE: Land use itself is a genetic term that includes the physical soil and all

improvement on it such as plants, buildings e.t.c., the use to which any parcel of land is put to in

accordance to the various human activities is known as land use.

1.8.2 DEVELOPMENT: Is defined in section of the Nigeria Urban and Regional Planning

Decree, No 88 of 1992 as " carrying out of any building, engineering, mining or other operation

in, on, over or under any land, or the making of any land or demolition of buildings, including

the felling of trees and the placing of free standing erections used for display of advertisements

on the land and the expression "develop" with its grammatical variation shall be constructed".

1.8.3 PROPERTY DEVELOPMENT: Is a business process encompassing activities that

ranges from renovation and re-lease of existing buildings to the purchase of raw land and the sale

of developed land or parcels to others (Frej, Anne, Pieser, Richard B.,2020, i uses to specific

units of area within a geospatial context, to minimize a spectrum of social, economic and

ecological benefits (PLOS ONE|DOI:10.1371/journal.pone 0157728, June 2020).

5
1.8.5. RIGHTS IN LAND: Can be seen as the interest an individual, family members or

community holds in land to be used as deemed fit by the individual, family members or

community in relation with the laws regulating land use in a particular area.

6
 CHAPTER TWO

LITERATURE REVIEW

2.1 CONCEPT OF LAND

The definition of land varies with the context in which it is used and the circumstances under

which it is considered. Deininger (2020) asserted that for most of the poor in the developing

countries, land is the primary means of generating livelihoods and a main vehicle for investment,

wealth accumulation and transferring assets between generations. Henry George, viewed land as

“the habitation of man, the store-house upon which he must draw for his needs, the material to

which his labour must be applied for the supply of all his desires on the land we are born, from it

we live, to it we return again. Take away from man all that belong to land and he is but a

disembodied spirit. Land has the particularity of containing natural resources that are not the fruit

of human labour. Thus, for example, natural fertility is not the same everywhere; “spontaneous”

plant cover can also be used; the earth itself can contain water, minerals and so forth. This

remains true nonetheless when another part of these resources may also result from the

accumulated work of generations of farmers (fertility is not only a “natural” state).

Land rights therefore refer to relations with other humans who might travel over this space or use

its resources. Thus, the relationship between human beings and land is essentially a social

relationship, a relationship between human beings based on land. For this reason, land was a

primary focus of early political economists as they elaborated different theories of unearned

income coming from land tenure (Karl Polanyi 2021)

7
However, land rights are now bought and sold in many parts of the world. In this sense, land has

become a saleable good, though one that cannot be assimilated with goods that have been

manufactured for sale (Joseph Comby 2020)

2.2 CONCEPT OF PROPERTY

Bella, N. A. (2021) stated that land can be perceived from the following perspectives:

The Physical Perspective: Land is the entire solid portion of the earth, especially, the exposed

surface of the earth as opposed to the oceans and seas.

Cultural Perspective: Land is regarded as sacred trust of the living undertaken in memory of the

dead and hence it’s inalienable.

Geographical Perspective: land is seen as a physical area defined and mapped out as a nation e.g.

Yoruba, land, Hausa land, Igbo land, Nigeria, Africa etc.

Economic Perspective: Land is said to be those utilities that are supplied by nature as

distinguished from the development and improvements resulting from human labour. Land is a

factor of production generally entailing all the free gift of nature that yield an income.

Legal Perspective: land means the surface of the soil, and all the super-jacent (above) and sub-

jacent (under) things in land. Whatever is permanently attached to land forms part of land (both

natural and artificial). This is expressed in the Latin maxim “quic quid plantatur solo solocedit”.

It is also defined as any portion of the earth surface over which ownership right is or can be

exercised. Land is an essential ingredient in all forms of human activity and a primary condition

of production. It is the foundation for food production, provision of shelter and utilities,

8
manufacture of goods and of institutions to support basic administrative needs of modern

communities.

The above gives a general view of land. Hence, land can generally be viewed as the sum total of

the natural and man-made resources over which possession of the earth’s surface gives control.

This broad concept of land includes all of the earth’s surface, water and ground, buildings, farm

lands, forest resources, mineral deposits, all man-made improvements permanently attached to

the land, etc

Land is real estate or property, minus buildings and equipment, that is designated by fixed spatial

boundaries. Land ownership may offer the titleholder the right to natural resources on the land.

The traditional school of economics dictates that land is a factor of production, along with capital

and labor. The sale of land results in capital gain or loss; under IRS tax laws, land is not a

depreciable asset, and qualifies as a fixed asset instead of a current asset. Investopedia (2020)

Adewale (2019) argue that the term land can be looked at in a number of ways, with its

definition viewed differently depending on the circumstances under which it is analyzed. The

basic concept of land is that it is a piece of earth, namely a piece of property that has an owner.

A more delineated concept of land, the legal concept of land, is that it is a factor of some form of

production, and though it is not consumed during this production, no production would be

possible without it. Land is, therefore, a resource with no cost of production. Despite the fact that

land use can be altered from less to more profitable, its supply cannot be increased (Dediwura

2021).

In terms of being an asset, land includes anything that is on the ground, which means buildings,

trees, and water are a part of land as an asset. The term land is inclusive of all physical elements,

9
bestowed by nature, to a specific area or piece of property (Olawale 2019). This includes

environment, fields, forests, minerals, climate, animals and bodies or sources of water. There is a

wealth of natural resources that may be present on a property or piece of land that the owner, or

titleholder, may be entitled to. This includes plants, human and animal life, soil, minerals,

geographical location, electromagnetic features, and geophysical occurrences (Geri 2019).

Depletion of various natural resources in the United States, specifically natural gas and oil, is of

great value, and drilling and oil companies, in many instances, pay landowners substantial sums

of money for the right to use an owner's land to access such natural resources, as well as shell out

small fortunes for large acreages of access, specifically if the land is rich in a specific resource.

Lenders are extremely attracted to land because it is one of the oldest forms of collateral and

because it cannot be moved, stolen, wasted or destroyed. Air and space rights are also covered by

the term, meaning all air and space above and below the property is part of the term; however,

the right to use the air and space above land may be subject to height limitations dictated by local

ordinances, as well as state and federal laws (Investopedia 2020).

Investopedia (2020) agree that Land's main economic benefit is scarcity. Many investors who

purchase land do so with the intent of developing it, often for real estate, such as commercial or

residential developments that are subject to zoning ordinances. Investing in raw land can produce

significant future cash flows that are easy to predict once secured, but developing land can be

very costly and uncertain. Associated risks can stem from taxation, regulatory usage restrictions,

leasing and selling the associated land, and even natural disasters.

Land as a factor of production is of immense importance. As has already been pointed out,

everything that we use can be traced ultimately to land. Land may be rightly called the original

10
source of all material wealth. The economic prosperity of a country is closely linked with the

richness of her natural resources Nuri (2021).

Generally speaking, it is true to say that a country is what nature has made it. It is possible that a

country, rich in natural resources, may remain poor (e.g., India) owing to some unfavorable

factors. But if nature has been unkind and has not given rich resources to a country, it will not be

easy to make it prosperous.

2.3 Peculiarities of Land

Lana as a factor of production is quite peculiar. It possesses some important features, which

distinguish it from other factors of production (Tushar 2021).

Land is a free gift of nature: It is not a ‘produced’ or man-made agent. It follows, therefore,

that we have to accept it as it is. No doubt man tries to improve and modify nature. But he cannot

completely master it. A poor soil and a bad climate are great handicaps in the way of industrial

and commercial prosperity (Tushar 2021).

Land is limited in area: Efforts have been made to reclaim land from the sea, and thus add to

the total land surface. Yet these efforts have produced only negligible results as compared with

the total area already in existence. Some land in Holland has been reclaimed from the sea, but it

is after all a small percentage of the total land surface of the world (Tushar 2021).

Land is permanent: It is not easy to destroy it. All other factors are destructible, but land cannot

be completely destroyed. Even the havoc wrought by an atom bomb can be cured and natural

powers restored after some time. (Tushar 2021).

11
Land lacks mobility: Land cannot be moved bodily from one place to another. It lacks

geographical mobility. But it can be put to many alternative uses and is thus mobile from a

different point of view (Tushar 2021).

Land is of infinite variety: Land is not man-made. Nature has so made it ‘hat different pieces of

land present infinite variations. None can say where the sandy soil ends and the clay begins. One

type shade into the other. Such minute variations are not found in any other factor of production.

Besides the situation of different pieces of land also varies (Tushar 2021).

2.4 LAND USE

Land use change is the change in land cover and land use. Land cover is the physical state of the

land surface which includes both natural amenities (crop lands, mountains, vegetation, soil type,

biodiversity, water resources) and man-made structures (buildings, pavements) (Meyer, 2019).

Change in land cover usually happens in two ways- land cover conversion and land cover

modification (Lambin, Geist, & Rindfuss, 2020). Land cover conversion is a change in the

overall classification of land cover through a complete replacement of one type of land cover by

another type due to change in urban extent, agricultural expansion or deforestation. Whereas,

land cover modification is simply a change in the character of land cover without undergoing its

overall classification (Lambin, Geist, & Lepers, 2022). Land use refers to the way human beings

employ and exploit land cover for several purposes (Lambin, 2022; Meyer, 2022) such as

farming, mining, housing, logging, or recreation. Therefore, land use change is the exploitation

of land cover through its conversion and/or modification over time primarily to serve human

needs.

12
2.4.1 Causes of Land Use Change

There are several causes of land use change. Identifying causes of land use change requires the

understanding of land use decision making process which is influenced by several factors

(Lambin, 2022). Many researchers and scholars have explained proximate and underlying causes

of land use change to understand the land use decision making process. Proximate causes of land

use change involve a direct and immediate physical action on land cover at local level such as

individual farms, households, or communities (Lambin, 2022, Ojima, Galvin, & Turner, 2021).

The underlying causes of land use change are the fundamental forces that alter one or more

proximate causes and operate at regional or even global level (Lambin et al., 2022). Some of the

identified most commonly used fundamental forces are technological, economic, political,

institutional, demographic and cultural (Geist, 2023). In the context of the United States, these

underlying causes/fundamental forces are also the causes of urbanization which in turn is the

driver of land use change.

2.5 LAND USE POLICIES IN NIGRIA BEFORE THE ACT

2.5.1 NORTHERN STATES:

Traditionally, the land tenure law of the then northern states was akin to that of the south. Two

events however altered the system. They are the Fulani invasion and conquest and the British

colonization.

The land tenure system in the northern state before the decree was consequently governed by the

land tenure law of Northern Nigeria 1962 which itself was a product of series of enactments for

example the land and native rights proclamation of 1910. Under this law all lands in northern

states of Nigeria were declared to be “native land”. All lands were subject to control and

13
disposition by the commissioner charged with the responsibility for land matters who

administered same for the common benefit of all. The natives were conferred with customary

right of occupancy while non-natives enjoyed the statutory right of occupancy. The most obvious

advantage of the law was that all land required for government purposes was made available

with ease. This is because compensation was made for only the improvement on the land. The

law reduced drastically the volume of litigation on the land in the law courts. It obviated the

problem of multi-ownership which characterized land ownership in the south and the

inalienability of land (Ismail,2022).

 WESTERN STATES:

In the Yoruba provinces of Nigeria, the native system of land tenure had in many areas been

transformed partly as a result of the intrusion of English ideas on real property. Among the

Yoruba’s generally, there was a religious attitude towards arable land, which was regarded as the

gift of providence. Land which produced food was something sacred which should not be bought

and sold like chattel but kept intact for succeeding generations. The same feeling was not felt

towards town land, which was used for the production of commercial crops. Thus, in the towns

land was commonly bought and sold (Adeoye, 2022).

All land used, for or available for growing foods crops, however apportioned out, remained the

collective property of the family. The collective spirit was stronger in some families than in

others, and at the that time the tendency was to regard each allocation of land to individual

members as permanent settlements.

In 1903, however, a notice was published by the Bale in Council at Ibadan and counter signed

by the British Commissioner to the effect that all the land in the town of Ibadan was rested on the

14
oba’s. Such land could not however, be alienated from the native owners, though it might be

leased for a term of years on payment of a fair annual rent. Leases could only be issued by the

Bale in Council to whom the rent would be payable (Adeoye, 2022).

 EASTHERN STATES:

A dual tenure system of customary and non-customary tenures existed in the East. This was

because the colonial government never attempted to lay claim to absolute ownership due to the

stiff opposition by the people. The position remains to a large extent in certain quarters despite

the land use decree.

The customary land tenure system considers landownership in terms of communities, clans,

hamlets, families, groups of individuals and at times individual. Land in this respect was

regarded as property belonging to either the community or the family and was being held in trust

by the chief or the community/family leader. The non-customary land tenure system is the

English system of landownership. It facilities commerce and enhances the property market. For

example, under this system, rest the concept of “fee-simple” interest, which confers absolute

ownership on the owner.

Naturally, with the increase in population, more land was converted from the customary holding

to the English type while at the same time laws on the former continued to take the trapping on

the latter. The government under this situation continued to meet its land requirements through

compulsory acquisition (Udo, 2021).

15
2.6 THE LAND USE ACT OF 1978

Long before 1960, when Nigeria became politically independent, various land policies had been

laid down for the country. These policies the bulk of which were couched in legal language were

for the most regional rather than national in scope. They ranged from the land and Native Right

proclamation of 1910 through the public land acquisition ordinance of 1958, the Land Tenure

Law of 1962 to the public land (miscellaneous provisions) Decree of 1976.

Apart from all these land policies, the most profound, easily the most controversial, and

probably the most explosive and vertical measure of land policy in the country is the Land Use

Decree (Now Act) No. 6 of 29th March, 1978. It generated a lot of interest and controversy that

surpasses the reaction and interest shown in any other previous known land policy in the country.

According to Umezurike (2023), The Act seems to be a landmark in the history of land tenure in

the country.

For about a decade before the Decree (Now Act) was promulgated there were incoherent

demands for a change in the land tenure system of Nigeria. It was felt in many quarters that the

absence of a proper Land Policy and the existence of mainly customary land tenure in Nigeria

was responsible for the under development of the country. Virtually all the public agencies had

cited the difficulty in land acquisition as the most prominent problem which caused delay in the

implementation of their development projects. The Land Use Act could be seen as an attempt to

harmonize the different land tenure system in the country and also to abolish the idea of

individual landownership in order to facilitate development. In the traditional Nigerian Society,

land was communally owned. Land was virtually not owned by individual members. The legal

estate under the customary land tenure was therefore vested in the family or community as a unit.

16
 However, with the advent of the British rule, commerce, increased economic activities and

industrialization, it became necessary for individuals to privately own land. Individual ownership

of land came into operation due to the introduction of the English ideas. It is also important to

note that the introduction of the English land law did not completely abolish the traditional land

tenure system in Nigeria. It only streamlined the existing land tenure system in the country and

documented them into laws for effectiveness (Umezurike, 2023).

In this regard therefore, the then military government established an eleven members Land Use

panel headed by a justice of the Supreme Court, Justice AtandaFatayi Williams and gave them

the following terms of reference:

 To undertake an in-depth study of the various land tenure, land use and land conservation

practices in the country and recommend steps to be taken to streamline them;

 To examine the feasibility of a uniform land policy for the entire country, make necessary

recommendations and propose guidelines for implementation;

 To study and analyze all the implications of a uniform land policy for the country; and

 To examine steps necessary for controlling future land use and also opening new land for

the needs of government and Nigeria’s growing population in both urban and rural areas

and make appropriate recommendations.

 Examine steps necessary for controlling future land use and also opening developing new

land for the needs of government and Nigeria’s growing population in both urban and

rural areas and make appropriate recommendations.

The need for the establishment of this panel arose from the recommendations of previous

commissions and panels set up to examine some aspects of the structure of the country’s social

17
and economic life. The problem had been foreseen in the Third National Development Plan.

Both the Anti-inflation Tax Force and the Rent Panel Reports identified land as one of the major

bottle-necks to development of the country. Thus, after much homework from various panels set

up by the government, the Land Use Decree (Now Act) No. 6 of 29 th March 1978 was announced

by the then Head of State to Nigerians.

The Land Use Act of 1978 generated a lot of interest and controversy among Nigerians and

foreign observers. Of more fundamental consideration than the generation of expectation is the

place of land in the mind, socio-economic horizon, and general life of the ordinary Nigerian,

particularly the male and more so the landholders.

Ezeorah (2021) commented, that “of all man’s material assets, land ranks second only to the

possession of children”. It is not astonishing, therefore, that the Land Use Act, which impacts so

directly and heavily on this hyper valued asset hold for the man an intense degree of interest.

This interest was evidenced by the turnout and composition of crowds during the tours by the

various State Military Governors undertaken at Federal Governments directive to explain to the

public the provisions of the Act.

In the Government’s view in connection with the concept of equity and liberalization of

opportunity, all Nigerians are collectively owners of all land in the country and the rights of all

Nigerians to use and enjoy the land of the country and the natural fruits thereof in sufficient

quantity to enable them provided for the sustenance of themselves and their families should be

ensured, protected and preserved. Ownership of land per say is irrelevant. What is important is

the use to which land is put and no government should abdicate its responsibility in respect of a

proper planning of land use within its territory”.

18
 The main purpose of this Decree (Now Act) is to make land available to all, including

individuals, co-operate bodies, institutions and governments. The aim of these is to achieve fast

economic and social development at all levels, and in all parts of the country, and to minimize

the action of the Land Use Act, the then military Governor of Lagos State stated the purpose of

the Decree (Now Act) in the following terms:

 To remove the bitter controversies resulting at times in loss of lives and limbs, which

land is known to be generating.

 To streamline and simplify the management and ownership of land in the country.

 To assist the citizenry, irrespective of his social status to realize his ambition and

aspiration of owing a place where he and his family will live a secure and peaceful life.

 To enable the government to bring under control the use to which land can be put in all

part of the country and thus to facilitate planning and zoning programme for particular

use (Ezeorah, 2021).

2.6.1 POWERS OF THE GOVERNOR AND THE LOCAL GOVERMENT UNDER

THE ACT

Section 5 of the Act empowers the Governors to grant statutory rights of occupancy over urban

and non-urban lands to any person for any purpose for a defined term. The Act generally

provides as follows “with effect from 29th March, 1978, all the land comprising the territory of

each state in Nigeria is vested in the Military Governor of the state and such land shall be held in

trust and administered for the use and common benefit of all Nigeria”.

Commenting on the above, Umezurike (2023) lamented that the only “real thing” for the state

has been given over to the state governor. He stated that the state governor is empowered to grant

19
statutory rights of occupancy over urban land to any person for any purpose for a defined term

and also grant easements, appurtenances, demand rent for the grant and revise the rent at

specified intervals or at any time during the term; impose penal rent for the breach of any

condition, express or implied which precludes the holder from alienating the land by sale,

mortgage, transfer of possession, sublease, bequest or otherwise without the prior consent or the

Governor. The Governor may issue a certificate to the grantee of a statutory right of occupancy

or an occupier under a customary right of occupancy who applies in the prescribed manner. The

guarantee shall pay fee as prescribed and if he refuses or neglects without lawful excuse, the

Governor can waive some of terms where the holder of the right will find it very difficult to

comply with them. He also pointed out that the only limitation on the power of the Governor in

granting right is that he cannot grant a statutory right of occupancy, or consent to its transfer, to

any person under the age of 21years, except to the legal guardian or trustee of such a person.

Commenting on section 28 of the Land Use Act, which provides that the Governor is

empowered to revoke a right of occupancy of any form for overriding public interest. He argues

that the Land Use Act is lacking in information, which should rightly be contained in a notice of

acquisition or a notice revoking the rights of occupancy over a parcel of land. It is the

information offered by such notice that interest or rights are affected to satisfy themselves that

property is required for public purposes. Unfortunately, the private person or persons cannot do

more than satisfy himself as stated here because he has no opportunity of opposing the public

purpose for which his interests are being acquired and his rights being revoked. He further stated

that if however, the private person whose property is being acquired or whose right of occupancy

over a parcel of land is being revoked can prove that the property is not required for public

purpose and that, he can challenge in court such unlawful acquisition or revocation.

20
In the same section 28 of the Land Use Act, Ezeugwu (2020) observed that the Land Use Act

did not make provisions which would state clearly the particular public purpose for which the

land is required in the notice of acquisition or revocation. He stated that the Land Use Act does

not lay down any form in which the notice should be made. From the form and from other

relevant provisions of the Land Use Act according to him, one would expect to find the details of

acquisition or notice of revocation of right of occupancy. The notice should specify the acquiring

authority, the particular purpose for the acquisition or revocation; the description, including the

precise survey description of the land involved, whether or not the holder’s and occupiers are

entitled to compensation for their rights or interest being acquired or revoked; who can make

claim for compensation; time within which the public body intends to take possession, the office

where the site plan could be inspected. But according to Ezejiofor (2019) it is only when the

particular purpose is clearly stated that the private owners or holder would be satisfied that his

property is being acquired for a purpose authorized by law.

2.6.2 RIGHTS AND PRIVILEGES OF A HOLDER

Section 14 of the Land Use Act provides that subject to the provisions of the Act and laws

relating to way leaves, to prospecting mineral oils or to mining or to oil pipelines and subject to

the terms and conditions of any contract made under section 8 of this Act, the occupier shall have

exclusive rights to the land against all persons other than the Governor.

On this Uzo (2022), pointed that this can be contrasted with leasehold before the Act in which a

lessee can alienate his interest either by subletting, assignment, mortgage, transfer of possession

and he has exclusive possession against everybody even the landlord. He concluded that the

21
above notwithstanding, the main privilege conferred upon the holder of a right of occupancy is to

alienate it provided that the necessary consent is obtained.

Section 21 provides that a customary right of occupancy or part thereof may be alienated by

assignment, mortgage, transfer of possession or sublease, provided that the approval of the

appropriate Local Government Authority is obtained.

In connection with the above, that, it is difficult to see how a holder of customary right of

occupancy can sublease his interest, but a holder of a customary right of occupancy holds an

interest that is equivalent to that held under customary law. Therefore, he cannot sublease. He

will find it very difficult to sublease his right unless he holds it in his individual capacity,

otherwise he has to consult the principal members of the family or community (Egwummuo

2020).

Again, section 22 provides that the holder of a statutory right of occupancy can alienate his

right or part thereof by assignment, mortgage, transfer of possession, sublease or otherwise

howsoever provided that the consent of the Governor was first had and obtained. From these

wordings, it is observed that a statutory right of occupancy cannot be validly alienated unless and

until the Governor’s consent is obtained while a customary right of occupancy can be validly

alienated if the consent of the Local Government is obtained through the principal members of

the family if the person is not the sole owner of the land (Ezeorah 2021).

The demand for land in the state is on the increase with the economic, social, industrial and

agricultural activities in the state. Thus, the need to make land available to accommodate these

developments cannot be overemphasized. With the Land Use Act of 1978 vesting on the

22
Governor, all land in the state. Sizeable amount of land has been acquired by the government in

the public interest.

2.7 Procedures for Land Allocation

The below under listed steps are the major procedure used in the allocation of and to any

individual o government agencies as written by (Fagbemi 2019)

 Overriding Public Interest:

When there is need for government to acquire land for the Executive Governor is direct the

Land Department of the state to make available the require amount of land within the designated

area.

 Land Search and Preliminary Survey:

On the directive on the Executive Governor of the state, the Lands Department in collaboration

with Survey Department and the Physical Planning Department of the state search for the

required land based on the suitability of the said land for the common interest of the citizen. The

Survey Department of the state carried out a Preliminary Survey of the land. The Physical

Planning Department examines the suitability of the land for the purposed for which it is

required.

 Gazette and Advert:

A favorable Environmental Impact Assessment by the Physical Planning Department of the state

make the land ready to be placed under Gazette. The Lands Department of the state place the

land under gazette in accordance to the Land Use Act. This gazette shall be advertised in one of

23
the Nigerian dailies declaring the land under gazette as government acquisition. This is a formal

notice to the entire public that the said land is now government acquisition.

 Enumeration:

This is the assessment of the development on the acquired land for compensation purpose.

Enumerate on the acquire land includes: build up on the land e.g buildings, the crops on the land,

the number of economic trees etc. It should be noted that the government pays no compensation

on the said land but the compensation to be paid is based on the development on the land and

never the value of land itself. The type of interest each individual holder of the acquired land has

shall also be enumerated e.g. those lands that have been formerly granted the certificate of

Occupancy. After enumeration, the Valuers determines the amount of compensation payable to

the holders,

 Invitation for Compensation:

After valuation of the different development on each hold, the land holders shall be invited for

compensation accordingly (Adedayo, 2020).

2.7.1. Processing Certificate of Occupancy

The C. of O. duly signed by the governor of the state where the land in question is located confer

statutory right of occupancy on the possessor and this entitles the owner right to use the land for

a period of 99 years after which the C. of O. can be renewed or the land revert back to the state.

The following are requirements and procedures:

 Application Form: the prospective land owner obtains the application form from the

Lands Department of the State.

24
 Deed of Conveyance (Land Agreement): this is evidence that there exists transaction in

land though contrary to the Land Use Act which vest the ownership of the entire state

land in the governor of the state.

 One Recent Passport photograph

 Three years tax clearance

 Survey Plan: the prospective applicant provides a survey plan that duly signed and

registered by a Registered Surveyor.

 Payment for Application Form Submission

 Payment for Publication (Advert): the applicant pays for the publication of his application

for the C of O of the land. The processing of application shall continue if there is no

Caution on the application after 21working days of its publication.

 Charting: the application shall be made to pay for charting of the survey plan to ensure

that the land is free from all government acquisition and also free on the intelligence

sheet. Payment shall be charge based on the number of beacons defining the boundary.

 Physical Inspection: The Lands Department, Surveyor Department and the Physical

Planning development conduct a physical inspection of the site to verify the correctness

of the presented survey plan as well as the suitability of the land for the proposed purpose

e.g residential, commercial or agricultural use. The applicant shall be made to pay for this

physical inspection.

 Grant Rent: the applicant shall be made to pay Grant Rent based on the purpose to which

the land is to be used (residential, commercial, agricultural) and the size of the land.

 Preparation of Certificate of Occupancy: After all the above steps have been fulfilled, the

Lands Department prepares the Certificate of Occupancy in the name of the applicant and

25
 the purpose for which the application is made.

 Signing by Governor: the prepared Certificate of Occupancy is the forwarded to the

Governor or the designated officer for signing.

 Charting into Intelligence Sheet: after the governor signature the land is then entered into

the intelligence sheet so that the land shall not be granted to another applicant in the

nearest future.

 Payment for final Stamp Duties and Collection by the applicants (Adedayo, 2020).

2.8 EFFECTS OF THE LAND USE POLICIES ON PROPERTY DEVELOPMENT

The Land Use Act evoked more controversies and fears from most Nigerians than any previous

Acts. The hopes, which it evoked, were only matched by the disappointment that attended the

promulgation. It was as thorough in its administrative arrangements as it was hollow in the

provision of the sociological and economic foundation, which would make such an Act

successful. Awogbemi (2023), pointed out that the Land Use Act has affected physical planning

negatively in the sense that it created artificial scarcity of land as the previous landowners have

not allowed the Government to enter their lands to survey and allocate land to applicants as

stipulated in the Act. Gooneskere (2019) observed that government was too hasty in the

implementation. He was of the opinion that some reasonable time would have been allowed for

criticisms and possible amendments before throwing the Act into circulation and use. According

to him the power vested on the governor of each state concerning transfer of interest in land,

registration of title and borrowing from finance houses all of which must be with the Governors

consent are too wide and unnecessary. Supporting the above observation Sonoiki (2020) felt that

the need for the governor’s consent in all matters concerning the development and alienation of

26
interest in land creates an unnecessary bottleneck. Uduehi (2021) observed the following to be

adverse effect of the Land Use Act towards property development in Nigeria:

 The slowness of state authorities in laying out both industrial and residential plots and

providing infrastructure.

 The delay in issuing certificates of occupancy to allottees, making it difficult or

impossible for developers to obtain loan from financial houses and thus holding up

development. On this he suggested that the state Governors should delegate the signing of

certificate of occupancy to their appropriate commissioners or responsible officers who

are less busy than the Governors themselves to avoid delay.

 Multiplicity of state agencies dealing with land allocation, approval of layouts and

building plans leading to confusion and delay in project development. iv. Lack of

awareness of applicants on the need for planning approval in many cases leading to

misunderstanding of the requirements of current regulations.

 The collusion of some Land Use and Allocation Committee staff that enables some

landowning families to continue to sell land illegally and at exorbitant prices. He pointed

out that some of these unpatriotic land-owning families sell the same piece of land to

several people who are forced to become litigants against one another.

 Lack of procedural uniformity from one State to another and from one Local Government

Authority to another coupled with the discrimination in allocation of state land to non-

indigenes of a state even though they are Nigerians.

On the contrary Uduehi (2021) saw great hope for the future in the Land Use Act despite the

problems listed above. According to him, the Land Use Act has made Nigerians land conscious.

More so, it has made them realize that no matter how lowly placed they may be, the land in

27
Nigeria belongs to them and their families. It has helped to curb the activities of certain wealthy

foreigners who speculate on the best land in Nigeria. Kasumu (2022), stated that the Land Use

Act has created artificial scarcity of land as previous landowners have not allowed the

Government to enter their land to survey, plan and allocate land to applicants as stipulated in the

Act. More so, section 43 of the Land Use Act is inimical to good planning and detrimental to

orderly development as it provided for conviction in a court of law before the owner of any

illegal developments or contravention can be penalized by way of imprisonment for one year or

payment of a fine of N5, 000. 00. He opined that despite the defects inherent in the Land Use Act

towards property development, yet there still remain several advantages in the act. According to

him the advantages include the power which is now vested on the Governor of each state to

control all the land, thereby enforcing meaningful physical planning and zoning in any vacant

land. Again, the Land Use Act has enabled the Town Planners to plan in such a manner that

different land uses are juxtaposed in the most harmonious and beneficial relationship. The Land

Use Act has also eliminated the land grabbing practices of land speculators who buy land

cheaply from those who claim to be the original landowners and sell later at very high prices to

others. Finally, it has made it possible for Government to execute projects on undeveloped land

without having to pay any compensation for such land that has not been acquired before 28 th

March, 1978. Omotola (2020), during the celebration of the “Tenth Anniversary of the Land Use

Acts” Commented thus:

“What has happened in the ten years? Our insecurity of title to land has multiplied, disputes over

title to land continued Unabated. The courts are busy as ever sorting these out. Land is now more

difficult to acquire. Processing of documents for titles takes years to complete. Many

applications for grant of rights of occupancy have been abandoned. The interval between a grant

28
by the Governor and delivery of possession may take as long as eight years since the land

invariably is not surveyed before money is demanded. In the interim, a new Governor may come

in and revoke the grant. The cost of obtaining a plot of land has risen. Although government can

now take land at will, the abuse associated with it is agonizing”.

The Land Use Act has added to the problem of insecurity of title over land, with adverse

consequences on property development.

Ezejiofor (2018), observed that the Land Use Act imposed a strong limitation to the size of land

one can hold or use which invariably has adverse effect on investment in real properties. He said

that the act provides that the governor cannot grant license to take building materials from land

which is more than 400-hectares, likewise the Local Government cannot grant a use of more than

500-hectares for grazing. This affects an investor who needs more than the specified size but

could not obtain it; He may either be discouraged or may look for alternative investment where

his decision would not be restricted. He was equally of the view that the unpredictable issue of

revocation of right of occupancy adversely affects development of the land in the sense that an

owner of a property may by the time of construction or after construction have his right revoked.

Even where the compensation is paid to him, it is hardly adequate for the replacement he must

need since this does not take account of the price he will pay for a new vacant land.

Ezejiofor (2019) further argued that the price and value of land have not stopped increasing since

the Act due to the fact that it is now illegal to sell land out-rightly. Land acquisition from the

government, is known to be difficult while few holders who have not yet lost their rights by

revocation sell them illegally at very expensive prices. It is also his view that the Act has the

objective of removing the excessive litigation which was associated with the tenure system but

29
available evidence shows that several similar cases do not show that the Act has had substantial

effect in changing the attitude of the people towards land disputes. Finally, he said that the only

aspect of the Land Use Act which could be asserted to have made positive contribution towards

real property development, is the allocation of state land to the public even though the percentage

of people who benefit from this is always very small.

Nwaiwu (2020) noted that the Act has made it impossible for anyone to own an absolute title to

land in Nigeria. What people now have is a Right of Occupancy which is derived from the

Governors. She pointed out that this Act has curtailed the proprietary rights of landowners;

which gives a limit to what can be done on land for instance, there cannot be an alienation of

interest in land without the consent of the Governor. This requirement of the consent of the

Governor before alienation has reduced the number of transactions in land, which invariably

poses great difficulty to the average developer in acquiring land for development.

Otunba (2018) says that the expectation of the government was that following the promulgation

of the decree, land will become more easily available and at affordable costs for both private and

public uses. However, experience since its promulgation has shown that the contrary is the case.

The cost and the availability of land has been a major constraint to prospective property

developers throughout Nigeria. The bureaucracy of government has made land acquisition a

cumbersome and costly exercise, as most purchasers have to pay twice for the same pieces of

land in order to perfect their title. They are often obliged to buy from the traditional owner first,

and to proceed to obtain their Certificate of Occupancy for the same pieces of land from the state

at a fee. This constitutes an additional burden which increases the cost of development in the

private sector.

30
James (2020) said that the delay in the decision-making processes in obtaining approval to land

transactions and grants of rights of occupancy, and demands of exorbitant fees for these services

have been a source of grave dissatisfaction. It is generally felt that the main objective of the

charges, which was to make land available to every Nigerian in need at low cost, was being

defeated.

Mabogunje (2020) equally expressed that the exclusion from the Act of the rights of the families

or individual to develop private layout has led to the emergence of a disjointed, uncoordinated

and incoherent system of physical planning in Nigeria in cities and declining rate of property

provision in the country.

Commenting on the effect of the Land Use Act to human rights, Udombana (2019) lamented

that the expropriation of land has impaired Nigerian’s freedom to exercise those main rights that

determine ownership of property, such as the right of management, physical and exclusive

possession, and uncontrolled alienation. According to him, no one has the power to alienate any

right of occupancy either by assignment, mortgage, transfer of possession, sublease or otherwise

however without the consent of the Governor first had and obtained. He also stated that section

43(1) of the Land Use Act provides, arrogantly, that no person shall “erect any building, walls,

fence or other structure” or enclose, obstruct, cultivate or do any act in relation to land” in an

urban land without a prior certificate or right of occupancy or license. Any person who

contravenes this provision shall be required to “remove any building, wall, fence, obstruction,

structure or thing which he may have caused to be placed on the land and he shall put the land in

the same condition as nearly as may be in which it was before such contravention”. Conclusively

he suggested that the enactment of the Act may have “set out a definite framework for the

equitable redistribution and utilization of our main source of wealth – land”.

31
Babatunde (2022) pointed out the following as the problem imposed by the Land Use Act to

property development in Nigeria:

 The Land Use Act, as it stands, represents an abrogation of the right of ownership of land

enjoyed by Nigerian’s and hence limits the operation of common people to property

development.

 It takes a very long time, in some cases, more than one year for some Governors to grant

consent for land assignments or mortgage, thereby inhibiting the development of an

efficient land market and mortgage finance institutions in the country.

 Many State Governments have failed to establish the Land Use and Allocation

Committee in their states for many years which have hampered the steady and continuous

delivery of land for property development purposes.

 The imposition of astronomically high levy on approval of consent for assignment,

transfer and mortgage by most state governments also constitutes a hindrance to efficient

land market and fast accessibility to land for property development.

 The powers of Governors to revoke Right of Occupancy over land for

“Overriding Public Interest” have been used arbitrarily and this has continued to undermine the

fragile rights conferred by the certificate.

Iseh (2021) pointed out that the Land Use Act has not been able to redeem the nation from land

inaccessibility for property development. More so, that despite the existence of the Act for 25

years’ land speculation and racketeering is still on the increase. There is a continued rise in the

cost of urban land. There is great inadequacy of supply of building plots to meet the demand for

them. There is inequitable allocation of the available building land in favour of the well-to-do or

32
the well-connected in the society (most of whom usually must have got their own residences) at

the expense of the poor who are actually in need of the plots to build. There is a steady rise in the

number of urban homeless especially among the urban poor due principally to land

inaccessibility and there is also the continued rise of the urban housing rent.

In Nigeria the system of state ensures the most complete, rational, and efficient use of land,

establishes conditions for raising farming knowhow, protects the land, and implements the

decisions of state bodies on land use. Land allocation measures are carried out at individual

agricultural enterprises, in agriculture as an economic sector, and for the entire national

economy. The stable foundation of land allocation and of the entire land system in the NIGERIA

is state socialist ownership of the land, which was established as the result of nationalization of

land.

The function of land allocation is to protect state ownership of land and the public lands of

irepodun against plundering and waste and to strengthen socialist land relations. It is very

important to establish proper order in the use of agricultural land at agricultural enterprises, to

delineate the exact separation of public lands from personal plots, and to keep exact land records.

Land allocation provides for systematic checks on correct use of the land. Careful study of the

natural and economic conditions of the territory being allocated ensures most rational size of

tenure land at farms just being established and the elimination of shortcomings in land use at

existing farms. As the land is allocated, measures are developed to use land more intensively and

to improve land quality. The nature of land allocation in each phase is determined by economic

and political tasks in the development of agriculture and the entire national economy. Land

allocation has become comprehensive in nature and has achieved a high economic and

engineering level. The allocation of land in regions that are subject to wind and water erosion is

33
accompanied by economic-organizational, agro-technical, agricultural and forest improvement,

and hydro engineering measures that have been developed for water collection, ‘the gully and

ravine system, and so on.

Land is allocated according to the national economic plan and the plans for development of

specific socialist enterprises. Land allocation is closely tied to the organization of all production

in the economy and promotes an increase in farming know-how, introduction of progressive

forms of labor organization, and efficient use of machinery and fertilizers. Rational land

allocation is impossible without considering the economic and natural conditions of the regions

and farms. The main features studied are the dimensions of production, the specialization of

farms and their subdivisions, financial capabilities, the availability of work force and machinery,

the location of populated points and production centers, and the transport of agricultural products

to points of delivery, and the communications between the farms and other economic and

cultural centers. When allocating land, it is essential to see that existing structures are used and

new capital improvements made with maximum efficiency. All capital expenditures are

substantiated by feasibility studies.

Land allocation is subdivided into two primary types: inter-farm and intra-farm. They are

closely interrelated. Inter-farm land allocation involves land tenure of irepodun and other

agricultural enterprises, organizations, and institutions and at industrial, construction, transport,

and other nonagricultural enterprises, organizations, and institutions; eliminating patchworks of

fields and other inconveniences in land arrangement; precisely determining and changing the

boundaries of land use on the basis of regional planning maps; identifying new lands for

agricultural and other national economic development; introducing or withdrawing plots of land;

and establishing and changing the boundaries of cities, settlements, and future agricultural

34
populated points, taking into account their future development. The land of a group of farms, and

sometimes of an entire raion or oblast, is allocated on the basis of regional planning maps. Lands

that are unsuitable for agriculture and the poorest agricultural lands are the first to be allocated

for building industrial projects, roads, power transmission lines, and other nonagricultural need

(Oyawole,2022).

35
 CHAPTER THREE

RESEARCH METHODOLOGY

3.1 INTRODUCTION

The study population, sample frame, sample size, and sampling techniques used are discussed

alongside the various techniques of data analysis used in this research work.

Olorunda is a Local Government Area in Osun state, South-west geopolitical division of Nigeria.

The headquarters of the LGA reside in the town of Igbona with the LGA constituted of several

towns and villages such as Oba Ife, Olude, Ota-efun,Oke - onitea, Ayekale, Kobongbogbe, Oba

oke, Odesola, Awoniyi, Jagun, and Onigiliro. Olorunda LGA covers a total area of 97 square

kilometres

3.2 DATA REQIUREMENTS/DATA SOURRCE

In this study, the survey method was applicable through the use of self-administered

questionnaires. This was found to be appropriate for this study i.e. the staff in the department of

works in Olorunda Local Government were considered suitable in achieving the aim of the

research work.

3.3 Study Population

The total population of people in Olorunda Local Government is 131,761. This study

consequently included several individuals whose profession deals on the development of

property most especially qualified Estate Surveyors, land surveyors, Architect and other

professionals in Olorunda Local Government. The selection of these people was based on the

fact that they are the only professionals who can give relevant information about the study.

36
 Table 1: GENDER (C 2006)

MALES 72,724

FEMALES 59,037

TOTAL 131,761

Source: national population commission, 2006

Table 2: AGE GROUPS (C 2006)

0-14 years 54,919

15-64 years 71,488

65+ years 5,354

TOTAL 131,761

Source: national population commission, 2006

Table 3: The population of the selected places are as follow:

OKE-ONI TEA OTA-EFUN AYEKALE KOBO OLUDE

8,281 3,151 217 220 205

Data Source: national population commission, 2006

Population projection formula

( )
n
r
pn= po 1+
❑ 100

37
3.4 Sample Frame

The sample frame refers to the entirety population upon which the sample is drawn which are

Ota-efun, Ayekale, Kobo, Olude and Oke-Onitea. Therefore, the total number of people that

applied for C of O in the selected areas (94) would be the sample frame for this study focused

on.

Table 4: The table below shows the number of people that applied for C of O from 2018 till date

YEAR OLUDE OTA-EFUN AYEKALE KOBO OKE-ONI TEA TOAL

2018 0 5 1 6 3 15

2019 5 2 2 6 4 19

2020 1 8 2 2 3 16

2021 1 7 2 2 3 15

2022 8 11 1 2 1 23

2023 0 3 1 2 0 6

TOTAL 15 36 9 20 14 94

Data Source: Ministry of Lands and physical planning, Abere, 2023

3.5 Sampling Technique and Sampling Size

Purposive sampling technique was adopted in choosing the sample units for the residents

in the study area. This method of sampling was adopted because it considers the heterogeneous

nature of a study population and it helps the researcher in getting the relevant data directly from

the appropriate unit and not mere choosing at random. And the Sampling size comprises the total

number of population elements of sample units that are selected for investigation in a research

38
study. It involves one of the four inter-related features of a study design that can influence the

detection of significant differences, relationships or interactions (Peers, 2020). Therefore, the

sample size for this study is 48.

Table 5: The table below shows the number of C of O obtained from 2018 till date

YEAR OLUDE OTA-EFUN AYEKALE KOBO OKE-ONI TEA TOTAL

2018 0 2 1 3 3 9

2019 3 1 2 4 3 13

2020 1 2 1 1 3 8

2021 0 3 2 1 1 7

2022 4 5 0 2 0 11

2023 0 0 0 0 0 0

TOTAL 8 13 6 11 10 48

Data Source: Ministry of Lands and physical planning, Abere, 2023

3.6 Data Collection Instrument

Questionnaires is the major instrument used in getting data for this research work.

Questionnaires were self - administered to the residents towards resolving the research questions,

attaining the aim and objectives with the primary purpose of generating reliable data. The

questionnaires complimented with interviews assured uniformity and large numbers of

respondents will be cover within the limited time at the disposal of the researcher.

3.7 Questionnaire Design

In using the questionnaire, both open and closed-ended questions were framed for respondents to

provide answers to them. For the closed-ended questions, multiple answers are provided. The

39
open-ended questions however, allowed respondents to provide their individual answers. In all, a

total of 100 questionnaires will be administered.

3.8 Method of Data Collection

Questionnaires with various essential questions will be formulated. These questionnaires will be

distributed to all respondents in the study area, which was selected through the purposive

sampling technique. The relative frequency of distributed responses of respondents’ expressing

their perceptions will be computed in percentages.

3.9 Method of Data Measurement and Analysis

In analyzing the data collected for this study, the Statistical Package for the Social Sciences

(SPSS) will be used. Nie (2021), the developers of the SPSS have presented the social scientist

with a useful working language for the data analysis.

This provides users with substantial increase in the ease and flexibility with which they can

tackle their day to day use of the computer. This will be used to calculate the responses in

percentages by initially coding both open-ended and close-ended questions contained in the

questionnaire. The coding will ensure that information with each response was given a value to

make the entry responses easy.

40
 CHAPTER FOUR

DATA ANALYSIS AND PRESENTATION

4.0 INTRODUCTION

This chapter shows the analysis of the questionnaire distributed and as well carefully presented

in table and also the interpretation of the results is under each table. Simple percentage was used

in analyzing the data collected with the use of questionnaire and the result are presented as

shown below.

Table 4.1 ANALYSIS OF THE QUESTIONNAIRE DISTRIBUTED

OPTIONS FREQUENCY PERCENTAGE (%)

RETURNED 48 100%

UNRETURNED 0

TOTAL 48 100%

source: field survey December, 2023.

Table 4.1 above shows that all the 48 (100%) questionnaires distributed were returned and no
one was missing.

Table 4.2 AGE OF THE RESPONDENT

AGE (years) FREQUENCY PERCENTAGE (%)
21-30 0 0%
31-40 7 14.6%
41-50 15 31.3%
51 and above 26 54.1%
TOTAL 48 100%

source: field survey December ,2023.

41
In respect to table 4.2 above, the age of the respondents indicated that there were no respondent

(0%) between the age of 21-30years. And from the age distribution between 31-40years has 7

(14.6%.) And from the age distribution between 41-50years there were 15 respondents (31.3%).

And from the age 51 and above has the highest respondents, 26 (54.1%) of the respondents.

Table 4.3 SEX OF THE RESPONDENT

SEX FREQUENCY PERCENTAGE (%)

MALE 32 66.7%

FEMALE 16 33.3%

TOTAL 48 100%

source: field survey December,2023.

Table 4.3 indicates the sex of respondents in percentage. The respondents in the study area

predominantly males as it accounted for 32 (66.7%) of the respondents, while the remaining 16

representing (33%) are females. With the total number of respodents which amounted to 48

representing 100% male.

Table 4.4 MARITAL STATUS OF THE RESPONDENT

MARITAL STATUS FREQUENCY PERCENTAGE (%)

Single 3 6.3%

Married 34 70.8%

Divorced 11 22.9%

Total 48 100%

source: field survey December ,2023.

42
Table 4.4 presents the marital status of the respondents of this study and from the table it was

gathered that, 3 respondents (6.3%) were single, 34 respondents (70.8%) were married 70.8%

and 11 respondents (22.9%) were divorced. This shows that the largest number of respondents

were married.

Table 4.5 EDUCATIONAL QUALIFICATION OF THE RESPONDENT

EDUCATIONAL FREQUENCY PERCENTAGE

QUALIFICATION

SSCE 9 18.7%

OND/NCE 13 27.1%

HND/Bsc 18 37.5%

MBA/MSC 3 6.3%

OTHERS 5 10.4%

TOTAL 48 100%

source: field survey December ,2023.

Table 4.5 Presents educational qualification of the respondents, HND/Bsc has the highest

respondents, 18 (37.5%), while MBA/MSC is the least with 3 respondents (6.3%). OND/NCE

has 3 respondents (27.1%.) while SSCE has 9 respondents (18.7%,) and OTHERS, 5 respondents

(10.4%).

43
Table 4.6 WORKING EXPERIENCE OFTHE RESPONDENT

WORKING EXPERIENCE FREQUENCY PERCENTAGE

1yr-5yrs 3 6.3%

6yrs-10yrs 15 31.2%

11yrs-15yrs 9 18.7%

16yrs and above 21 43.8%

TOTAL 48 100%

source: field survey December, 2023.

Table 4.6 above revealed the working experience of the respondents, 1yrs-5yrs has the lowest

respondents of 3 (6.3%) while 16years and above has the highest number of respondents, 21,

(43.8%). 6yrs-10yrs were 15 respondents (32.2%). And 11years o 15 years has 9 respondents

which is 18.7%.

Table 4.7 AWARENESS RESPONDENT ON THE PROCESS OF OBAINNING

CERTIFICATE OF OCCUPANCY

OPTIONS FREQUENCY PERCENTAGE (%)

YES 40 83.3%

NO 8 16.7%

UNDECIDED - -

TOTAL 48 100%

source: field survey December ,2023.

Table 4.7 indicates the awareness of the respondents about the procedure involved in obtaining

certificate of occupancy. Therefore, according to this survey, 40 respondents, (83.3%) were

44
aware of the procedure beforehand, while 8 respondents. (16.7%), were not aware as at the time

of application.

Table 4.8 THE CHALLENGES INVOLVED IN THE PROCESS OF OBAINING

CERTIFICATE OF OCCUPANCY

OPTIONS FREQUENCY PERCENTAGE (%)

CORRUPTION 2 4.2%

GOVERNMENT POLICIES 28 58.3%

POLITICAL INFLUECE 9 18.7%

UNDECIDED 9 18.7%

TOTAL 48 100%

source: field survey December, 2023.

Table 4.9 above revealed the opinion of the respondents on the challenges involved in the

process of obtaining certificate of occupancy. 2 respondents, (4.2%) agree that corruption is the

challenge in the process of obtaining certificate of occupancy. While on the other hand, 28

respondents (58%) which is the highest says the challenge in the process of obtaining certificate

of occupancy is government policies. And 9 respondents (18.7%) said it is political influence,

while another 9 respondents (18.7%) did not decided. With this table and data, it showed t hat the

major challenge in the process of obtaining certificate of occupancy is government policies.

45
Table 4.9 DO YOU SUBMIT PASSPORT PHOTOGRAPH DURING THE

PROCESS?

OPTIONS FREQUENCY PERCENTAGE

YES 45 93.7%

NO 1 2.1

UNDECIDED 2 4.2%

TOTAL 48 100%

source: field survey December ,2023.

table 4.9 shows the respondents' responses to the documents presented during their application

and processing of certificate of occupancy, 45 respondents (93.7%) presented their passport

photograph when applying for the certificate of occupancy. 2 respondents (4.2%) didn’t decide,

only 1 respondent (2.1%0, said no. with this breakdown, it can be said that passport photograph

is not an optional requirement.

Table 4.10 DO YOU SUBMIT A COPY OF LAND AGREEMENT IN THE PROCESS?

OPTIONS FREQUENCY PERCENTAGE

YES 42 87.6%

NO 2 4.2%

UNDECIDED 4 8.3%

TOTAL 48 100%

source: field survey December, 2023.

46
Table 4.10 shows the responses of the respondents on land agreement. In this survey, 42

respondents (87.6%) said copy of land agreement was submitted while 2 respondents (4.2%) said

no, and 4 respondents (8.3%) undecided.

Table 4.11 DO YOU PRESENT A SURVEY PLAN DURING THE PROCESS?

OPTIONS FREQUENCY PERCENTAGE

YES 40 83.3%

NO 1 2.1%

UNDECIDED 7 14.8%

TOTAL 48 100%

source: field survey December ,2023.

Table 4.12 present the responses of the respondents on survey plan as one of the required

documents to obtain certificate of occupancy. Amidst the 48 respondents, 40 respondents

(83.3%) said they presented a survey plan as part of the require document in getting a certificate

of occupancy. Just 1 respondent said no while 7 respondents, 14.8% are undecided.

Table 4.12 DO YOU SUBMIT TAX CLEARANCE CERTIFICATE DURING THE

PROCESS?

OPTIONS FREQUENCY PERCENTAGE

YES 35 72.9%

NO 9 18.8%

UNDECIDED 4 8.3%

TOTAL 48 100%

source: field survey December ,2023.

47
Table 4.12 shows the responses on those that presented tax clearance as part of document

required to obtain certificate of occupancy. The chat shows that 35 respondents (72.9%)

presented their tax clearance, while 9 respondents (18.8%) didn’t and 4 respondents (8.3%) are

undecided.

Table 4.13 WAS THE LAND INSPECTED BY GOVERNMENT OFFICIAL BEFORE

THE C/O WAS GIVEN

OPTIONS FREQUENCY PERCENTAGE (%)

YES 45 93.7%

NO - -

UNDECIDED 3 6.3%

TOTAL 48 100%

source: field survey December ,2023.

Table 4.13 shows the responses on inspection to the land by government officials. Highest

number of respondents, 45 (93.7%) said their land was inspected, while 3 (6.3%) respondents

didn’t decide. The table showed that none of the respondent said no.

Table 4.14 THE PROCESS INVOLVED IN OBTAINING CERTIFICATE OF

OCCUPANCY IS JUST AND EQUITY TO ALL INDIVIDUALS, IRRESPECTIVE OF
THEIR STATUS IN THE SOCIETY
OPTIONS FREQUENCY PERCENTAGE (%)
STRONGLY AGREE 18 37.5%

AGREE 23 47.9%

UNDECIDED 4 8.3%

DISAGREE 1 2.0%

STRONGLY DISAGREE 2 4.2%

TOTAL 48 100%

source: field survey December ,2023.

48
Table 4.14 above revealed the responses of the respondents to the equity and justice in the

process of obtaining certificate of occupancy. And so 18 (37.5%) respondents strongly agree that

the process is just. 23 (47.9%) also agree that the process is just while 1 (2.1%) respondent

disagree and 2 (4.2%) strongly disagree. And 4 (8.3%) didn’t decide.

Table 4.15 CERTIFICATE OF OCCUPANCY ISSUANCE IS AFFORDABLE AND

OPEN TO ALL INTERESTED OF NIGERIA.

OPTIONS FREQUENCY PERCENTAGE (%)

STRONGLY AGREE 23 47.9%

AGREE 20 41.6%

UNDECIDED -

DISAGREE 5 10.4%

STRONGLY DISAGREE 3 6.3%

TOTAL 48 100%

source: field survey December, 2023.

Table 4.15 shows the affordability and availability of certificate of occupancy. The highest

number of the respondents shows that it affordable and available to all, with 23 (47.9%)

responses of strongly agree. And follow 20 respondents (41.6%), also agree to the affordability

and availability of C of O. 5 (10.4%) respondents disagree and 3 respondents (6.3%) strongly

disagree.

49
Table 4.16 THE LAID DOWN PROCEDURE BY THE GOVERNMENT IS BEING

THOROUGHLY FOLLOW WITHOUT BOYCOTTING

OPTIONS FREQUENCY PERCENTAGE (%)

STRONGLY AGREE 20 41.6%

AGREE 10 20.8%

UNDECIDED 13 27.1%

DISAGREE 5 10.4%

STRONGLY DISAGREE - -

TOTAL 48 100%

source: field survey December,2023.

Table 4.16 present the process of obtaining certificate of occupancy is being thoroughly follow

by government representative. 20 respondents (41.6%) strongly agree with the statement, 10

respondents (20.8%) agree as well. And 13 (27.1%) respondents undecided, while 5 respondents

(10.4%) disagree.

Table 4.17 THE CERTIFICATE OF OCCUPANCY ALLOCATION SYSTEM AS A

MEANS OF REGISTRING LAND IS ACHIEVING IS AIM
OPTIONS FREQUENCY PERCENTAGE (%)
STRONGLY AGREE 6 12.5%

AGRE 3 6.3%

UNDECIDE 31 64.6%

DISAGREE 5 10.4%

STRONGLY DSAGREE 3 6.3%

TOTAL 48 100%

source: field survey December, 2023.

50
Table 4.17 shows the responses of the respondents on if the certificate of occupancy is achieving

its aim or no. Highest number of respondents didn’t couldn’t decide on this question and this

obviously shows that the certificate of occupancy is far from achieving its aim. 31 respondents

(64.6%) didn’t decide. 5 respondents (10.4%) disagree, 3 respondents (6.3%) strongly disagree, 3

respondents (6.3%) agree and 6 respondents (12.5%) strongly agree.

51
 CHAPTER FIVE

SUMMARY OF FINDINGS, RECOMMENDATION AND CONCLUSION

5.1 Summary of findings

This study was carried out to is to examine the application and issuance of certificate of

occupancy to land owner in Olorunda Local Government area, Osogbo Osun State as case study.

The research showed that from 2018 till date, the total number of people that applied for

certificate of occupancy is 94, while the total number of people that the certificate of occupancy

has been given to from 2018 till date is 48. According to this research work, it plainly shown that

from 2018 till date, the total number of those that have gotten certificate of occupancy is half of

the total number of those that applied for it.

According to the analysis in the previous chapter, it was gathered that there was no respondent

(0%) between the age of 21-30years. And from the age distribution between 31-40years has 7

(14.6%.) And from the age distribution between 41-50years there were 15 respondents (31.3%).

And from the age 51 and above, there were 26 (54.1%) respondents. Findings also showed that

32 (66.7%) of the respondents were male, while 16 (33%) were female. The marital status of the

respondent showed that 3 respondents (6.3%) were single, 34 respondents (70.8%) were married

70.8% which happens to be highest,

The working experience of the respondents, 1yrs-5yrs has the lowest respondents of 3 (6.3%)

while 16years and above has the highest number of respondents, 21, (43.8%). 6yrs-10yrs were

15 respondents (32.2%). And so according to this survey, 40 respondents, (83.3%) were aware of

52
the procedure beforehand, while 8 respondents. (16.7%), were not aware as at the time of

application.

Also, out of 48 respondents to this survey, 2 respondents, (4.2%) agree that corruption is the

challenge in the process of obtaining certificate of occupancy. While on the other hand, 28

respondents (58%) which is the highest says the challenge in the process of obtaining certificate

of occupancy is government policies. And 9 respondents (18.7%) said it is political influence,

while another 9 respondents (18.7%) did not decided. With this table and data, it showed t hat the

major challenge in the process of obtaining certificate of occupancy is government policies.

Also, the findings showed that the process of obtaining certificate of occupancy is just. And so

18 (37.5%) respondents strongly agree that the process is just while 1 (2.1%) respondent

disagree. To this end, the analysis of this work also shown that to get a certificate of occupancy,

the process is affordable and open to all, irrespective of society status and or position

5.3 Conclusion

In conclusion, the process of getting certificate of occupancy should be review in order to make

it faster in getting the certificate of occupancy, and any government policy that is causing delay

in the process should also be review so that people can easily get the certificate of occupancy

without much delay.

5.2 Recommendations

Based on the objectives and findings of this study, I hereby make some recommendations to this

study such as;

1. The procedure of getting certificate of occupancy should be reviewed by Government.

53
2. Government should take a bold step to eradicate corruption in all the process of getting

certificate of occupancy.

3. Government should pay rapt attention to the department in charge of certificate of occupancy

and also set up a panel to monitor the process closely.

54
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57
 APPENDIX

ESTATE MANAGEMENT DEPARTMENT

SCHOOL OF ENVIRONMENTAL STUDIES,

FEDERAL POLYTECHNIC, EDE, OSUN STATE.

Dear Respondent,

I am a student of the Federal Polytechnic Ede, Osun State department of ESTATE

MANAGEMENT looking forward to attain a Certificate on Higher National Diploma (HND) in

the department. Therefore, this questionnaire is for the purpose of a research work on the topic

“AN ASSESSMENT ON THE APPLICATION AND ISSUNANCE OF CERTIFICATE OF

OCCUPANCY TO LAND OWNERS IN OLORUNDA LOCAL GOVERMEN OSOGBO,

OSUN STATE”. Your response would be highly appreciated.

SECTION A
Please, you are required to tick in the appropriate box provided. Your response will be

treated as confidential. I hereby, humbly solicit for your co-operation.

1. Age: (a) 21-30 ( ) (b) 31-40 ( ) (c) 41-50 ( ) (d) 50 and above ( )

2. Gender: (a) Male ( ) (b) Female ( )

3. Marital Status (a)Single ( ), (b) Married ( ), (c)Divorced ( ).

4. Educational Qualification: SSCE( ) OND/NCE( ) HND/BSC( ) MBA/MSC(

) OTHERS( )

5. Working Experience: (a) 1-5yrs ( ) (b) 6-10yrs ( ) (c) 11-15yrs ( ) (d) 16 and

above.

58
6. Are you aware there are procedure for obtaining a certificate of occupancy in Olorunda

Local Government? Yes( ) No( )

7. What are the challenges involved in the processes of obtaining certificate of occupancy

in olorunda local government? Corruption ( ) government policies( ) political

influence( )

8. what are the challenges in the process of obtaining Certificate of

Occupancy_______________

SECTION B
Please, tick in accordance in the most appropriate row and column.

SN QUESTION YES NO

9. According to the C of O requirements and procedure, it is said that applicant

must present a passport photograph. Did you fulfill this requirement?

10. It is said that a copy of land agreement should be submitted and the original to

be sited. Did you fulfill this requirement?

11. A survey plan is required during the process of C of O

12. The applicant must present a tax clearance of at least three years back before

the C of O can be given

13. It is said that all applicant must get registered online during the process of

obtaining C of O. is this still strictly followed?

14. Was there any physical inspection to the land by the government official

before the C of O was approved and given to you?

15 Was there any confirmation of the conformity of your land with Town

planning regulation

59
9. From this section downward, indicate your answer by using the short code:

10. SA = Strongly, A = Agree, U = Undecided, D = Disagree, SD = Strongly Disagree

S QUESTION SA A U D SD

16 The process involved in obtaining certificate of occupancy is just

and equity to all individuals, irrespective of status in the society

17 The approval of certificate of occupancy is proportionally directed

to the propose development on the land

18 Certificate of occupancy issuance is affordable and open to all

interested citizen of Nigeria.
19 The laid down procedure by government has been thoroughly
followed by government representative without any boycotting.

20 Base on your experience, what are the causes of delay in issuing certificate of occupancy?

60