The Supreme Court of Nigeria has reaffirmed the legal position that a purchaser of land who makes part payment but fails to complete the balance does not acquire valid title to the property, even where the buyer is already in physical possession of the land.

The apex court held that such possession cannot defeat the vendor’s superior title, especially where the purchase price has not been fully paid.

The ruling was delivered by Justice Abubakar, JSC, in the case of Mustapha v. Abubakar (2026) 7 NWLR (Pt. 2043) 541 SC, where the Supreme Court upheld the decision of the Court of Appeal and dismissed the appeal filed by the defaulting purchaser.

Court Nullifies Order For Specific Performance

The dispute arose from a land transaction in which the buyer made part payment and took possession but failed to pay the outstanding balance within the agreed timeframe.

Despite an extension granted by the vendor, the purchaser still defaulted, prompting the vendor to challenge the transaction in court.

The trial court had initially ordered specific performance compelling the vendor to complete the sale. However, the Court of Appeal overturned the ruling, a decision the Supreme Court upheld.

Justice Abubakar held that a buyer in default cannot compel a seller to transfer ownership.

“Where a purchaser of land makes part payment of the purchase price but defaults in paying the balance, there can be no valid sale even where the purchaser is in possession. Such possession is incapable of defeating the vendor’s title,” the court stated.

Supreme Court Cites Established Land Law Principles

The apex court relied on its earlier decision in Odusoga v. Ricketts (1997) 7 NWLR (Pt. 511) 1, reaffirming that possession alone does not override ownership where payment is incomplete.

The court also restated key principles of Nigerian land law, including:

• Part payment does not complete a land sale
• Legal title does not pass until full payment and proper conveyance
• Possession does not equal ownership
• Default in payment constitutes breach of contract
• Specific performance is discretionary, not automatic

Implications For Land Buyers And Sellers

The judgment has significant implications for land transactions across Nigeria.

For buyers, the court made it clear that part payment and occupation of land do not guarantee ownership. Failure to complete payment may result in loss of both the property and money already paid.

For sellers, the ruling confirms that their title remains valid where a buyer defaults, even if the buyer has taken possession.

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The Economic and Financial Crimes Commission (EFCC) on Monday tendered several newspaper publications as evidence in the ongoing trial of former Central Bank of Nigeria Governor, Godwin Emefiele, over allegations linked to the Naira redesign policy.

The documents were presented at the High Court of the Federal Capital Territory as part of the prosecution’s effort to support claims of alleged disobedience to lawful directives and actions said to have caused injury to the nation.

EFCC Presents Certified Newspaper Exhibits

The EFCC submitted the newspaper materials through a subpoenaed witness, Jegede Oluwasegun, an official of the National Library of Nigeria.

The publications tendered included copies of Punch, ThisDay, Vanguard, Daily Sun, and The Nation newspapers, along with certification receipts issued by the National Library.

The documents were admitted as exhibits without objection from the defence counsel.

Allegations Against Emefiele

Emefiele is facing a four-count charge bordering on alleged disobedience to lawful directives and acts said to have caused public injury.

According to the EFCC, between October 19, 2022 and March 5, 2023, the former CBN governor allegedly approved the printing of 375,520,000 pieces of redesigned N1,000 notes at a cost of over N11 billion without proper approvals from the CBN Board and the President.

The commission said the alleged actions violated Section 19 of the Central Bank of Nigeria Act and were punishable under the Penal Code.

Witness Testimony In Court

During proceedings, prosecution witness Jegede Oluwasegun, led in evidence by Rotimi Oyedepo (SAN), explained his role as a certifying officer at the National Library.

Under cross-examination, the witness admitted he was not the author of the newspaper content and could not verify its accuracy.

“I cannot 100 per cent say the content of the papers is right. I am not the author,” he told the court.

Defence Also Tenders Document

Counsel to the defendant, Olalekan Ojo (SAN), later tendered a ThisDay publication dated January 31, 2023, which was also admitted in evidence without objection from the prosecution.

Court Adjourns Hearing

Justice Maryanne Anenih adjourned the matter to May 12 for continuation of trial proceedings.

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The Enugu Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) has re-arraigned Barrister Benjamin Chukwuemeka Nwobodo before Justice F. O. Giwa-Ogunbanjo of the Federal High Court sitting in Independence Layout, Enugu.

He is facing a 20-count charge bordering on forgery, possession of forged documents, and obtaining by false pretence to the tune of ₦15,700,000 (Fifteen million, seven hundred thousand naira).

Nwobodo was initially arraigned on January 27, 2025, on a five-count charge before the same court, where he pleaded “not guilty,” setting the stage for trial. He was granted bail on self-cognisance.

During the trial, EFCC counsel, Chief Superintendent Chikezie Raymond Edozie, presented six witnesses and tendered several exhibits, all of which were admitted in evidence.

At the hearing on April 23, 2026, the prosecution informed the court of an amended charge, which was read to the defendant. He again pleaded not guilty. The prosecution subsequently closed its case, and the matter was adjourned to April 30, 2026, for the defence to open its case.

The court had earlier, on March 4, 2026, issued a strong warning against Nwobodo for allegedly interfering with prosecution witnesses through harassment and intimidation within and outside the court premises. The court warned that his bail could be revoked if such conduct continued.

Count one of the charge states that Nwobodo allegedly forged a land purchase receipt dated January 15, 2014, worth ₦9,000,000, purportedly issued by Onyekachi O. Nwocha and Christiana C. Nwocha, with intent to defraud, an offence punishable under the Miscellaneous Offences Act.

Count seven alleges that on April 25, 2014, he presented a forged land purchase receipt worth ₦5,500,000 to Ude Chinedu Emmanuel, also allegedly issued by the same persons, with intent to defraud.

The defendant, who represented himself in court, is expected to open his defence on Thursday, April 30, 2026.

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A long-running legal battle between AIC Limited, founded by the late business magnate Harry Akande, and the Federal Airports Authority of Nigeria (FAAN) has reignited, as FAAN’s N712 billion expansion at Lagos’ Murtala Muhammed International Airport moves into disputed territory.

The conflict centers on land leased to AIC in 1998 for a proposed flight path hotel and resort. FAAN later reclaimed the land, citing its importance to the airport’s master plan. The dispute has since spanned nearly three decades, with litigation in Nigerian courts and arbitration in London.

In August 2025, AIC’s lawyers issued a fresh warning, accusing FAAN of violating a court order by resuming construction on the land. The letter, dated August 19, urged FAAN to halt all activity or face contempt proceedings. AIC insists that while it supports airport modernization, legal agreements must be respected. A Federal High Court had previously ordered both parties to maintain the status quo.

FAAN has not responded publicly to the latest warning. The agency previously lost an arbitration case in London, where AIC was awarded $48 million in damages. Although a Nigerian court set aside the award, AIC secured enforcement in the UK, where the Court of Appeal upheld the decision in 2020.

Despite these rulings, the legal stalemate persists. With construction continuing on the contested land, the dispute remains unresolved; a symbol of the complexities and delays often seen in Nigeria’s infrastructure development.

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