Double Allocation Conflicts in Lagos: Legal Remedies for Property Owners
Introduction
Lagos, Nigeria’s commercial capital and one of the most valuable real estate markets in Africa, is a city where land holds enormous economic, social, and political importance. As the population surges and demand for land intensifies, property ownership disputes have become common — with double allocation emerging as one of the most pervasive and damaging problems in the Lagos property sector.
A double allocation occurs when the same parcel of land is allocated, sold, or leased to two or more different individuals or entities by the same authority or through multiple conflicting transactions. It could stem from government land allocations, family land transactions, estate sales, or fraudulent conveyances by unscrupulous agents or officials. The outcome is usually severe: years of litigation, financial loss, halted construction, and emotional trauma for property buyers.
Under Nigerian law — particularly the Land Use Act of 1978, the Lagos State Land Registration Law 2015, and relevant case law — double allocation disputes are resolvable through a combination of administrative, civil, and equitable remedies. However, only property owners who act swiftly, gather sufficient documentation, and pursue legal redress strategically can reclaim or protect their rights.
This comprehensive article examines the causes, legal implications, and remedies for double allocation conflicts in Lagos, highlighting how property owners can assert their legal rights, prevent fraudulent allocations, and safeguard their investments. It also includes real-life case studies, FAQs, and a professional call to action for those currently facing or seeking to avoid double allocation challenges.
Understanding Double Allocation
A double allocation in Lagos refers to a situation where two or more parties are granted rights or title over the same parcel of land by the same or different authorities. This conflict can arise from overlapping land records, fraudulent sales, clerical errors, or deliberate manipulation of land allocation systems.
Double allocations occur in both government-acquired lands (such as land allocated through the Lagos State Government, New Towns Development Authority (NTDA), or Lagos State Development and Property Corporation (LSDPC)) and private land transactions involving individuals, families, or estate developers.
Common examples include:
Two or more buyers holding Certificates of Occupancy (C of O) over the same plot.
Government allocating already-occupied land to another applicant.
Traditional family heads or omo-oniles selling the same land multiple times.
Estate developers or agents re-selling previously sold plots.
Overlapping survey plans or inconsistent coordinates.
In each scenario, the rightful owner must rely on documentary evidence, statutory compliance, and legal remedies to establish ownership and reclaim possession.
Causes of Double Allocation in Lagos
Double allocations often result from a combination of human errors, administrative lapses, and fraudulent practices. Key causes include:
Poor Record-Keeping: Inadequate land database integration among land registries, surveyor offices, and planning agencies.
Fraudulent Omo-Onile Transactions: Local landowners or community representatives reselling plots after initial sales.
Multiple Government Allocations: Overlapping files within the Land Bureau or Ministry of Lands leading to conflicting approvals.
Forgery and Document Manipulation: Unscrupulous persons forging allocation letters, receipts, or survey plans.
Ignorance and Negligence: Buyers failing to conduct thorough title and land searches before purchase.
Political and Bureaucratic Influence: Politically exposed persons manipulating allocation processes for personal gain.
Unregistered Land Agents: Unauthorized middlemen and property brokers engaging in deceitful sales.
Each of these factors highlights why land transactions in Lagos require professional legal supervision and due diligence.
Legal Framework Governing Land Ownership and Allocation in Lagos
The primary legislation governing land ownership and allocation in Nigeria, including Lagos, is the Land Use Act of 1978, which vests all land in each state in the Governor to be held in trust for the people.
Other relevant laws include:
Lagos State Land Registration Law 2015
Land Instruments Registration Law, Cap L58, Laws of Lagos State 2015
Land Use Charge Law 2020
Property and Conveyancing Law 1959 (applicable in Lagos)
Lagos State Physical Planning and Development Regulations 2019
Survey Coordination Act 2004
These laws collectively regulate land ownership, registration, and dispute resolution. They also provide the legal foundation for courts to address double allocation conflicts and protect the interests of genuine property owners.
The Legal Effect of Double Allocation
When two individuals or entities hold conflicting documents of title over the same parcel of land, only one party can be recognized as the legal owner under Nigerian law.
Courts determine ownership based on the strength of each party’s title and not merely on possession. In practice, the first valid allocation or conveyance legally prevails — provided it was obtained in good faith and properly registered.
If both parties obtained their titles from the same source, the doctrine of priority applies: the first in time has a better right. However, if one party’s title was fraudulently obtained or not perfected (unregistered), it will be invalidated.
Remedies Available to Property Owners
Property owners facing double allocation disputes in Lagos can seek the following remedies:
Administrative Remedies
Petition to the Land Bureau or Ministry of Lands:
The aggrieved owner can file a formal complaint to the Lagos State Land Bureau for administrative review.
The Bureau will investigate both allocations, verify records, and determine the rightful owner.
Rectification of Land Records:
Where errors are clerical or procedural, the Bureau can cancel a duplicate allocation and correct the records.
Revocation and Re-Allocation:
In some cases, government may revoke one allocation and compensate the aggrieved owner with an alternative plot.
Civil Remedies
Property owners can also approach the High Court of Lagos State to seek legal reliefs such as:
Declaratory Relief: Asking the court to declare them the rightful owner of the disputed property.
Injunction: Preventing the other party from trespassing or developing the land.
Rectification of Title: Compelling CAC or the Land Registry to amend ownership records.
Damages: Claiming compensation for trespass, loss of possession, or emotional distress.
Specific Performance: Forcing the seller to deliver the rightful title as agreed in a sale contract.
Under Section 272 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the High Court of a state has jurisdiction over land matters, making it the appropriate forum for such cases.
Criminal Remedies
In cases involving fraudulent double allocations, property owners can petition the Economic and Financial Crimes Commission (EFCC), Special Fraud Unit (SFU), or the Nigeria Police Force for investigation and prosecution.
Offences such as forgery, false representation, and fraudulent sale of land are punishable under the Criminal Code Act and the Advance Fee Fraud Act.
Judicial Precedents on Double Allocation
Nigerian courts have repeatedly clarified the principles governing double allocations:
Akano v. Yusuf (2018) LPELR-43816(CA): The court held that the first in time allocation prevails, provided it was validly obtained.
Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745: Established that a Certificate of Occupancy does not confer ownership if another party has a better equitable title.
Ogunbambi v. Abowaba (1951) 13 WACA 222: Reaffirmed that ownership is based on the strength of title, not weakness of the opponent’s case.
Savannah Bank v. Ajilo (1989) 1 NWLR (Pt. 97) 305: Reinforced the supremacy of the Governor’s consent in land transactions.
Steps to Take If You Discover a Double Allocation
If you discover that your land has been doubly allocated, the following immediate actions are critical:
Engage a Property Lawyer: Do not confront the other party. Contact a lawyer experienced in Lagos property disputes.
Conduct a Comprehensive Land Search: Verify records at the Land Registry, Surveyor-General’s Office, and Local Government.
Secure Possession: If in lawful occupation, secure the property and prevent encroachment without breaching the peace.
File a Petition with the Lagos State Land Bureau: Request investigation and administrative rectification.
Gather Evidence: Preserve all allocation documents, receipts, surveys, and photographs.
Seek Court Reliefs: If the issue is unresolved administratively, file a declaratory suit in the High Court.
Preventive Measures Against Double Allocation
Conduct thorough title verification before purchase.
Always engage accredited surveyors and property lawyers.
Avoid buying land through verbal agreements or unregistered agents.
Verify land status with the Lagos State Land Registry and Surveyor-General’s Office.
Confirm the Governor’s Consent for previously assigned properties.
Insist on original documents and verify signatures.
Conduct independent site inspections and interview adjoining landowners.
Case Study – Recovering Ownership Through Legal Action
In 2022, Mr. and Mrs. Adedayo, a Lagos-based couple, purchased a plot in Ibeju-Lekki from a developer who presented genuine allocation papers and receipts from the New Towns Development Authority (NTDA). After building their perimeter fence, they discovered that another buyer had a Certificate of Occupancy (C of O) for the same plot issued by the Ministry of Lands.
Distressed, they engaged Chaman Law Firm, which conducted a detailed search at the Land Registry. The findings revealed that the NTDA had erroneously allocated the same plot twice due to duplicate survey plans in the registry.
The firm petitioned the Permanent Secretary, Land Bureau, demanding administrative rectification. A joint inspection was conducted with surveyors and ministry officials, confirming that the Adedayos were the first allottees in possession. The government revoked the later allocation, cancelled the conflicting C of O, and issued the couple a valid replacement Certificate.
Outcome:
The Adedayos regained full legal ownership and were later compensated by the government for the stress and legal costs incurred.
Lesson:
Swift legal and administrative action backed by documentary evidence is key to resolving double allocation conflicts in Lagos.
Case Study 2 – Court Resolution of Private Double Sale by Omo-Onile
In 2023, Eko Real Estate Ventures Limited, a property investment firm, purchased six plots of land in Abijo GRA, Lagos. Unknown to them, the family head (omo-onile) had resold two of the plots to another buyer after collecting their payment.
When Eko Ventures began development, the second buyer arrived with receipts and witnesses, claiming ownership. The matter escalated into a confrontation until both parties filed petitions with the police.
Chaman Law Firm represented Eko Ventures and initiated a civil action at the High Court of Lagos State, seeking a declaration of title and injunction against the defendants. Evidence presented included the earlier Deed of Assignment, survey plan, and physical possession.
The court ruled that since Eko Ventures had purchased first, had valid documentation, and was in possession, their title was superior. The second buyer’s claim was nullified, and damages were awarded for trespass.
Lesson:
Under Lagos property law, possession backed by the first valid and registered Deed of Assignment prevails. Omo-onile buyers must ensure every transaction is legally documented and perfected to avoid double sale disputes.
Frequently Asked Questions (FAQ)
What is double allocation?
It is a situation where two or more people are allocated or sold the same piece of land by the same authority or different parties.
Who has the final say in government land disputes in Lagos?
The Lagos State Governor, acting through the Land Bureau and Ministry of Lands, has ultimate authority. However, affected parties can also seek judicial redress in the High Court.
Can two people have Certificates of Occupancy for the same land?
Yes, but one will be invalid. The court determines which was first lawfully issued or which party has the superior equitable interest.
What documents help prove ownership in double allocation cases?
Deed of Assignment
Survey Plan
Allocation Letter
Receipts of payment
Governor’s Consent
C of O (if valid)
Can government revoke a valid allocation?
Yes, but only for overriding public interest and upon proper compensation under the Land Use Act 1978.
What is the role of the court in double allocation conflicts?
The court determines the rightful owner based on the strength of documentary and equitable evidence.
Can I recover my money if I lose a double allocation case?
Yes. You can sue the seller or agency for refund, damages, and fraud depending on the circumstances.
What is the penalty for selling the same land twice?
It constitutes fraud and criminal misrepresentation punishable by imprisonment under Nigerian criminal law.
How can I prevent double allocation when buying land in Lagos?
Engage a property lawyer, conduct land searches, verify surveys, and obtain all statutory consents before payment.
Can I build on a property under double allocation dispute?
No. Doing so may amount to trespass and expose you to legal and financial risks until ownership is clarified.
Conclusion
Double allocation is one of the most devastating legal challenges facing property owners and investors in Lagos today. It undermines trust in the real estate sector, causes enormous financial losses, and disrupts property development across the state. However, Nigerian law — particularly through the provisions of CAMA 2020, the Land Use Act, and Lagos State land laws — provides clear remedies for identifying, resolving, and preventing such conflicts.
Every property owner must understand that title verification, documentation, and timely legal action are the most powerful shields against fraudulent or erroneous allocations. Whether the conflict arises from government misallocation, omo-onile duplicity, or developer negligence, the right legal strategy, professional representation, and documentary precision can restore justice and ownership.
Lagos is a lucrative but complex property market; only those who handle their transactions with diligence and legal oversight can navigate it successfully.
Call to Action
At Chaman Law Firm, we specialize in land law, property verification, dispute resolution, and title perfection for individuals and corporate clients across Lagos.
✅ Our Services Include:
Title verification and property due diligence
Legal representation in double allocation disputes
Filing petitions with the Lagos State Land Bureau
C of O, Governor’s Consent, and Deed of Assignment perfection
Litigation and alternative dispute resolution for property cases
📞 0806 555 3671, 08096888818, 08024200080
📍 Chaman Law Firm 115, Obafemi Awolowo Way Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
👉 Book a consultation now: www.chamanlawfirm.com/book-consultation
Protect your investment.
If you suspect a double allocation or want to verify your land title, contact Chaman Law Firm today for professional legal assistance in safeguarding your property rights in Lagos.