"Under the provision of Section 5(1) of the Land Use Act, a statutory right of occupancy cannot be granted contrary to the provision of the Land Use Act. In KARI V GANARAM & ORS (1997) 2 NWLR PART 488 page 380, this point was considered by Igu JSC when he opined thus: "

A temporary right of occupancy as its title implies is essentially limited or transient in nature it amounts to no more than a bare licence to occupy land on a temporary and sometimes short term basis and generally confers no legal estate in the grantee of such a right.

This is unlike a statutory right of occupancy which is clearly not temporary in nature confers more extensive rights on the holder is far superior to a temporary right of occupancy and usually confers on the holder a legal estate in and over the property in question, besides unlike statutory right of occupancy which shall be for a definite term, the duration of a temporary right of occupancy need not be for any fixed duration." See also ILONA V IDAKWO & ANOR (2003) 11 NWLR. 830 p. 53."

Per AWOTOYE, J.C.A. IN IHUNANYA IDEATO WOMEN (OWERRI) MULTI-PURPOSE CO-OP SOCIETY LTD v. HON. COMMISSIONER FOR LANDS, SURVEY & URBAN PLANNING IMO STATE & ORS CITATION: (2018) LPELR-45020(CA)