customary right of occupancy

By the provisions of Section 6 of the Land Use Act, Cap.L5 LFN, 2004 the local government chairman or administrator is authorized to grant customary right of occupancy. Section 36 of the Land Use Act provides for deemed right of occupancy by recognizing the existence of right of ownership before the Land Use Act of 1978 came into being. It then suffices that a customary right of occupancy whether granted or already being used or occupied must be used in accordance with customary law, either by individual or family. Flowing from the above, customary right of occupancy predates the Land Use Act and it is not subject of a grant. Orianzi V. A.G Rivers State (2017) 2 S.C (Pt. 1) 104.

In the case of Ayorinde & Ors. V. Sogunro & Ors (2012) 11 NWLR (Pt. 1312) 460, per Mary Ukaego Peter-Odili, JSC held as follows: “Moreover what is at play is a claim founded on customary land tenure to which limitation law does not apply to since a grant under customary law is a grant in perpetuity and can only be revoked as in this case by the attempted alienation and challenge of the over-lord’s title. I rely on the following judicial authorities: Abaragam V. Olorunfemi (1992) 1 NWLR (Pt. 165) @ 70; Mora V. Nwalusi (1962) 1 All NLR 682; Muemue V. Gaji (2000) FWLR (Pt. 16) 2764 @ 2781.”