I pause to observe that the scheme of the 1976 Rent Edict, without doubt, indicates that while the contractual tenancy of a tenant of any premises to which the Edict applies exists, that tenant is a "protected tenant," but as soon as the contractual tenancy expires, the tenant by operation of law becomes a 'statutory tenant'; and the landlord's right to recovery of possesion of the premises occupied by the tenant becomes restricted. Under the Edict, therefore, there are two classes of tenants viz: the contractual tenant and the statutory tenant; the one has an estate or property in the premises, the other has no estate whatsoever but only a right to possession of the property concerned."
(Italics mine)
The difficulty arises when the contractual tenant who enters into possession lawfully continues at the expiration of the contract and against the wish of the owner of the premises without any contract. This is the situation described as tenant at-will at Common Law. Under the 1976 Rent Edict, as soon as the contractual tenancy expires, the tenant, who becomes so by operation of law becomes a statutory tenant. He occupies the property as a tenant, and enjoys the restrictions against recovery imposed by the Edict. He enjoys protection and security of tenure and is at par with the contractual tenant. Although the tenant is protected from eviction except in accordance with the law, he is liable to pay for his occupation and use of the property.
A tenant who enters upon premises by reason of a contract with the landlord is a contractual tenant. Such a tenant holds an estate which is subject to the terms and conditions of the grant. Once that tenancy comes to an end by effluxion of time or otherwise and the tenant holds over without the will or agreement of the landlord, he becomes a tenant-at-sufferance. This is strictly a common law concept. But sometimes there is a statute which gives security of tenure to such a tenant after his contractual tenancy has expired. When such a statute exists he now holds the premises no longer as a contractual tenant because there no longer exists a contract between him and the landlord. But he none-theless retains possession by virtue of the provisions of the statute and is entitled to all the benefits and is subject to all the terms and conditions of the original tenancy. As Idigbe. J.S.C., stated in Pan Asian African Co. Ltd. v. National Insurance Corp. (Nig.) Ltd. (1982) 9 S.C. 1 at p. 13:
"Put simply, the statutory tenant is an occupier, who when his contractual tenancy expires, holds over and continues in possession by virtue of special statutory provisions. He has also been described as "that anomalous legal entity,..... who holds the land of another contrary to the will of that other person who strongly desires to turn him out. Such a person will not ordinarily be described as a tenant." (See Scrutton. L. J., in Shuter v. Hersh (1922) 1 K.B. 438, at 448."