Helthom Chambers

It is to be stated that the constitution of a political party has both constitutional and statutory flavour by virtue of section 40 of the 1999 Constitution (as amended) and section 75 of the Electoral Act 2022. It has always been the that where a statute or Statutory instrument provides for a mode or method of doing a thing, non compliance with such a prescribed mode or method goes to the root of the matter and it affects the foundation… The lapse is beyond mere irregularity and it ultra vires. In other words , it is null and void and of no effect, See Nwabueze vs Okoye ( 1988) 10-11 SC 79,
Oseyomon v. Ojo (1997) 7 SCNJ 337, Inakoju v. Adeleke (2007) All FWLR (pt 353) 3 at 88, Sa’ad v Maifata (2009) All FWLR (pt 466) 1930 at 1948’ Ibrahim v. INEC (1999) 8 NWLR (pt 614) 334 and Jegede V INEC (2021) 14 NWLR (pt 1797) 409 at 639.’’’

*CAN A CERTIFICATE OF OCCUPANCY LEGALIZE AN ILLEGAL PROPERTY ACQUISITION?*

The position of the law is that an illegal property acquisition CANNOT be cured by obtaining a Certificate of Occupancy (CofO) on the property. If you acquire a CofO on an improperly or illegally acquired land, the exercise is fruitless and the CofO is worthless.

This was what the Nigerian Supreme Court said in the recent case of DR. ATIKU ADERONPE v. ALHAJA SOBALAJE ELERAN & ORS. [2019] 4 NWLR Pt.1661 Pg.11-12 where the Court, Per Ejembi Eko, JSC, said that:

"In keeping with the provisions of Section 9 (1) (c) of the Land Use Act, 1978, there must have been an entitlement to a statutory right of occupancy before a certificate can be given as evidence of such right. Stated differently, when there is no right and a certificate is issued, such certificate as in the case in hand is not worth even the paper it is written on. I place reliance on the cases of Olohunde v Adeyoju (2000) 10 NWLR (Pt. 676) 562 at 587-588; Ogunleye v Oni (1990) 2 NWLR (Pt. 35) 745 at 780."

Therefore, it is pertinent to do your due diligence before acquiring a property in the first place. After proper acquisition, you can then proceed to obtain your Certificate of Occupancy or Governor's Consent as the case may be.

*Gombe Gov. Swears In Justice Joseph Awak As Acting Chief Judge*

_According to him, “My Lord, the acting chief judge, with your oath taking, constitutionally it has made you head of the judiciary, the third arm of government in the state. As the administrative head, we urge you to dispense justice to all manner of people in the tate, without discrimination, fear or favour.”_

Gombe Gov. Swears In Justice Joseph Awak As Acting Chief Judge - TheNigeriaLawyer Gombe State Governor, Muhammadu Inuwa Yahaya has charged the leadership of the state judiciary to ensure dispensation of justice without fear, favour.