How do I challenge double allocation of land in Ogun?
Introduction
The problem of double allocation of land has become increasingly common in Ogun State, particularly in fast-developing areas such as Arepo, Mowe, Ibafo, Sagamu, and Abeokuta. Many land buyers discover, sometimes too late, that the same parcel of land has been allocated or sold to another person by the same seller, family, or estate company.
This unfortunate practice has caused emotional trauma, financial loss, and even prolonged litigation for countless landowners. In some cases, buyers lose both the land and the structures they have built, simply because the process of allocation was not properly verified or documented.
The good news is that double allocation can be legally challenged and corrected through the right procedures. This comprehensive article explains how to identify, prove, and challenge double allocation of land in Ogun State, the legal remedies available, and how to protect yourself from falling victim in the future.
Understanding Double Allocation of Land
A double allocation occurs when the same parcel of land is sold or allocated to two or more different individuals or entities, often by the same authority or landowner.
It can arise in the following ways:
Fraudulent Multiple Sales: A landowner sells the same property to multiple buyers for profit.
Administrative Error: Government or estate authorities mistakenly issue two allocation letters for the same plot.
Conflict of Jurisdiction: Overlapping allocations from local government, ministry, or estate developers.
Forgery or Impersonation: Criminals sell land using fake documents or claim to represent legitimate owners.
Family Disputes: Different branches of a family sell the same land to different buyers.
In Ogun State, such conflicts are especially prevalent in newly developing estates, family lands, and acquisition areas, where documentation is weak or informal.
Legal Framework Governing Land Allocation in Ogun State
The following laws govern the allocation and ownership of land in Ogun State:
Land Use Act, 1978 (as amended) – All lands in a state are vested in the Governor, who holds them in trust for the people.
Ogun State Land Bureau Regulations – Governs issuance of C of O, Governor’s Consent, and land allocations.
Ogun State Urban and Regional Planning Law – Regulates land use and development approvals.
Land Registration Law, Cap. L88, Laws of Ogun State, 2006
Evidence Act, 2011 – Governs admissibility of documents and ownership proof.
Criminal Code Act – Punishes fraudulent double sale and forgery of land documents.
These laws empower courts and government agencies to revoke fraudulent allocations and restore ownership to the rightful party.
Common Causes of Double Allocation in Ogun State
Understanding the root causes helps in addressing and preventing them:
Poor Land Administration: Lack of proper cadastral mapping or centralized database.
Greedy or Dishonest Vendors: Unscrupulous families and estate developers selling one land to several buyers.
Improper Verification by Buyers: Buyers often fail to verify land status at the Bureau of Lands or Ministry of Physical Planning.
Absence of Legal Representation: Purchasers avoid hiring lawyers to save cost and fall into traps.
Overlapping Jurisdictions: Conflict between federal, state, and local authorities on control of specific land areas.
Fake or Unlicensed Survey Plans: Unregistered surveyors issuing multiple conflicting survey plans.
Signs that Indicate Possible Double Allocation
Before or after purchase, watch out for these warning signs:
Two or more people claim ownership of the same land.
A new buyer appears with a different allocation letter or survey.
The seller refuses to produce original allocation documents.
Physical boundaries differ from documents.
Conflicting survey numbers or coordinates at the Surveyor-General’s office.
Refusal by neighbours or local chiefs to confirm ownership.
Early detection helps you act fast before structures are erected or further transfers occur.
Steps to Challenge Double Allocation of Land in Ogun State
If you discover that your land has been allocated to another person, follow the steps below carefully.
1. Engage a Property Lawyer Immediately
Contact a competent property lawyer in Ogun State (such as Chaman Law Firm) to review your documents and advise on next steps.
Your lawyer will:
Review all title documents and receipts.
Investigate the source of allocation.
Identify which allocation came first and whether it is genuine.
Liaise with the land bureau and survey department.
Professional legal intervention at this stage prevents loss of evidence and strengthens your case.
2. Conduct a Comprehensive Land Search
A land search at the Ogun State Bureau of Lands and Surveyor-General’s Office is essential.
This search will confirm:
The authenticity of your allocation letter or C of O.
Whether another allocation was issued for the same plot.
The name of the true allottee in government records.
Whether the land falls under government acquisition.
The search result provides documentary proof of double allocation.
3. Report to the Allocating Authority
If the double allocation came from a government source or estate developer, file a formal complaint with the issuing authority.
Include:
Copies of your allocation letter or title documents.
Receipts and evidence of payment.
Survey plan and proof of possession.
Photos of the land (if developed).
The authority is duty-bound to investigate and revoke the wrongful allocation or re-allocate you an alternative plot if you are found to be the legitimate owner.
4. Seek Amicable Settlement
Where both parties are genuine buyers who bought in good faith, the law encourages amicable settlement before litigation.
Options include:
Mediation through the Ogun Multi-Door Courthouse.
Negotiation facilitated by the developer or community head.
Independent joint survey to identify overlaps.
If one party is clearly fraudulent, settlement may not be possible, and litigation becomes inevitable.
5. Petition the Ogun State Bureau of Lands
If government officials or estate companies are involved, file a petition to the Permanent Secretary, Bureau of Lands and Survey, Abeokuta.
Request an official investigation into:
Source of both allocations.
Verification of file numbers and survey coordinates.
Any overlap or forgery.
The Bureau can suspend further processing of the fraudulent file and issue corrective measures.
6. Institute a Civil Action in the High Court
If administrative resolution fails, your lawyer should file a suit at the High Court of Ogun State seeking:
Declaration of ownership in your favour.
Cancellation of the fraudulent allocation.
Order of injunction restraining the other party from entering the land.
Damages for trespass and inconvenience.
Provide credible evidence such as:
Allocation letter, receipts, or C of O.
Survey plan registered with the Surveyor-General.
Witness statements or possession evidence.
Search report from Bureau of Lands.
7. File a Criminal Complaint (If Fraud Is Involved)
If you suspect intentional fraud, forgery, or impersonation, your lawyer may file a criminal complaint with:
The Economic and Financial Crimes Commission (EFCC), or
The Nigeria Police Force (CID Section).
Under the Criminal Code Act, forging or selling land already sold is a criminal offence punishable by imprisonment.
8. Apply for Court-Ordered Rectification
After a successful judgment, you may apply to the court to:
Rectify the land register to reflect your ownership.
Direct the Bureau of Lands to revoke the conflicting allocation.
Re-issue corrected documents in your name.
This ensures your ownership is secure and officially recognized.
Case Study: Double Allocation Dispute in Mowe, Ogun State
In Adeyemi v. The Attorney-General of Ogun State & Ors (2021), the claimant bought a parcel of land at Mowe under a government housing scheme. A year later, another individual was issued an allocation letter for the same plot.
Upon investigation, it was discovered that both allocations were processed under different file numbers but carried identical coordinates.
The High Court held that the first in time prevails, declaring the claimant as the lawful owner and ordering the government to revoke the later allocation.
This case highlights the principle that priority of allocation determines ownership unless fraud or illegality is proven.
Legal Principles Applicable
Nemo dat quod non habet – You cannot give what you do not have.
First in time, stronger in law – The first valid purchaser takes precedence.
Equity protects bona fide purchasers for value without notice.
Fraud vitiates all transactions – A fraudulent allocation is void ab initio.
Remedies Available to Victims of Double Allocation
Declaration of Ownership – Confirming you as the lawful owner.
Order for Revocation or Rectification – Cancelling the duplicate allocation.
Injunction – Preventing trespass by the other party.
Damages – Compensation for losses and inconvenience.
Re-allocation – Alternative land by government (if the error was official).
Criminal Sanctions – For fraudulent sellers or officials.
Preventive Measures for Buyers
Always engage a property lawyer before purchase.
Conduct a land search at the Bureau of Lands and Surveyor-General’s Office.
Verify family or community ownership through statutory declarations.
Confirm estate developers’ approvals from the Ministry of Physical Planning.
Never rely solely on receipts or word-of-mouth.
Obtain Governor’s Consent for all land transfers.
Insist on registered survey plans with coordinates verified.
Retain copies of all documents and correspondence.
The Role of Lawyers in Double Allocation Disputes
A competent property lawyer is your shield against loss.
At Chaman Law Firm, we:
Conduct professional due diligence before purchase.
Represent clients in double allocation cases.
Liaise with Ogun State Bureau of Lands and Surveyor-General.
File necessary petitions and court actions.
Secure Governor’s Consent and rectify land records.
Our goal is to protect your right of ownership and ensure your investment is safe.
Authorities Involved in Double Allocation Resolution
Ogun State Bureau of Lands and Survey – Investigates allocations and issues corrections.
Ogun State Ministry of Urban and Physical Planning – Handles land use permits.
Office of the Surveyor-General – Validates survey coordinates.
High Court of Ogun State – Adjudicates ownership and title issues.
Ogun Multi-Door Courthouse – Offers mediation and arbitration.
EFCC/Police – Handles criminal aspects of fraudulent sales.
Frequently Asked Questions (FAQs)
Q1: Who has authority to allocate land in Ogun State?
The Governor of Ogun State, acting through the Bureau of Lands and Survey, has constitutional authority under the Land Use Act.
Q2: What happens when two people have allocation letters for the same plot?
The earlier valid allocation takes precedence unless it was fraudulently obtained.
Q3: Can I recover my money if I lose the land?
Yes. You can sue the fraudulent seller for refund, damages, and criminal prosecution.
Q4: Can I still build while the dispute is unresolved?
No. Building on disputed land exposes you to demolition or contempt proceedings.
Q5: What is the role of Governor’s Consent in this matter?
Governor’s Consent validates any transfer or assignment of land; without it, ownership remains uncertain.
Q6: How long does a double allocation case take?
Depending on complexity, administrative resolution can take 1–6 months, while court action may take up to 2–3 years.
Q7: What if government caused the double allocation?
You may petition the Bureau of Lands for rectification or compensation.
Conclusion
Double allocation of land is a serious challenge in Ogun State, but it can be resolved legally through diligent investigation and professional representation. The key is timely action, proper documentation, and expert legal advice.
Whether the double allocation resulted from fraud, error, or negligence, the law empowers victims to reclaim their property, recover damages, and prevent future injustice.
Call to Action
Are you facing a double allocation dispute or land ownership conflict in Ogun State?
Don’t wait until your investment is lost—take immediate legal action.
