Governor’s Consent in Nigeria: Why It Matters and How It Works

If you have ever tried to buy land or property in Nigeria, chances are you have heard the phrase “Governor’s Consent” thrown around often with a mixture of urgency and dread. Estate agents mention it, lawyers insist on it, and anyone who has been through a property transaction in Nigeria will tell you it is not something you want to skip. But despite how frequently the term comes up, a surprising number of people go into real estate deals without fully understanding what Governor’s Consent actually is, why it is legally required, and what happens when you ignore it.

That gap in understanding is expensive. People buy land without it, assume a deed of assignment is enough, and then discover years later sometimes when they are trying to sell the property or when a dispute arises that their transaction was never legally complete. The confusion is understandable, because land law in Nigeria operates on principles that are not always intuitive, especially for people who did not grow up familiar with property rights under the Land Use Act.

This article is going to walk you through the entire concept of Governor’s Consent in Nigeria what it is, where it comes from, why it is not optional, how the process works from start to finish, how long it typically takes, what it costs, and what happens if you skip it. There is also a section at the end covering some of the most frequently asked questions on the subject. By the time you finish reading, you should have a clear, working understanding of one of the most important legal concepts in Nigerian real estate.

 

The Foundation: Understanding the Land Use Act of 1978

To understand Governor’s Consent, you have to start with the Land Use Act of 1978, because that is where the entire concept comes from. The Act was enacted during the military government of General Olusegun Obasanjo and has remained the cornerstone of land administration in Nigeria ever since. Love it or criticise it, you cannot understand Nigerian land law without understanding what this Act did.

Before the Land Use Act, land ownership in Nigeria was a patchwork of customary law, colonial-era legislation, and individual title systems that varied from one part of the country to another. The Act swept most of that away at least in principle by vesting all land in each state of the federation in the Governor of that state. Under Section 1 of the Act, all land comprised in the territory of each state in Nigeria is vested in the Governor of that state, and the Governor holds such land in trust for the people.

What this means in practical terms is that nobody in Nigeria actually owns land in the absolute sense. What people own are rights to use land and those rights are granted by the government in the form of a statutory right of occupancy. When you buy or develop land in Nigeria and you have a Certificate of Occupancy (C of O), what you really have is a statutory right of occupancy granted by the Governor. You have the right to occupy and use that land, but the underlying title ultimately belongs to the state.

This is not just a technicality. It has direct, practical consequences for how land transactions work. Because the Governor holds all land in trust and grants occupancy rights, any transaction involving those rights any sale, assignment, sublease, or mortgage needs to be approved by the Governor (or someone with delegated authority to act on the Governor’s behalf). That approval is what we call Governor’s Consent.

 

What Governor’s Consent Actually Is

Governor’s Consent is the formal approval given by the Governor of a state through the relevant land administration authority for the transfer or alienation of a right of occupancy in Nigeria. It is required under Section 22 of the Land Use Act, which states that it shall not be lawful for the holder of a statutory right of occupancy to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained.

Unpacking that language: if you hold a right of occupancy over a piece of land and you want to sell it, lease it, or use it as collateral for a loan, you need to go to the Governor first and get permission. That permission the Governor’s Consent is what legally validates your transaction. Without it, the transaction is not just incomplete; under Nigerian law, it is void.

In practice, the Governor does not personally review every land transaction in the state. The consent process is handled by the relevant ministry usually the Ministry of Lands and Housing or the Land Bureau which acts on behalf of the Governor. The output is a document known as the Governor’s Consent, which is endorsed on the deed of assignment or transfer instrument, or sometimes issued as a separate approval letter. Once this approval is in place, the transaction is registered at the land registry, and the new holder’s title is properly documented.

It is worth noting that Governor’s Consent applies specifically to transactions involving statutory rights of occupancy the kind that exist in urban areas and are backed by a Certificate of Occupancy. There is a separate category called customary right of occupancy, which applies to rural land and is administered by local government authorities. The local government equivalent of Governor’s Consent is called Local Government Consent, and it operates on similar principles, though the process and costs may differ.

 

Why Governor’s Consent Is Not Optional

This is the part that catches many people off guard. In a country where cutting corners is common and bureaucratic processes are often frustrating, there can be a temptation to assume that Governor’s Consent is one of those requirements that exists on paper but does not really matter in practice. That assumption is wrong, and acting on it can cost you everything.

The clearest statement of why Governor’s Consent matters comes from the courts. Nigerian courts have consistently held that a transaction involving land that was carried out without Governor’s Consent is void ab initio meaning void from the beginning, as though it never happened. A landmark case that illustrates this principle is Savannah Bank of Nigeria Ltd v. Ajilo (1989), where the Supreme Court held that a legal mortgage over land created without the prior consent of the Governor was void and unenforceable. The bank lost because the mortgage the entire legal basis for their security was a nullity.

What this means for a property buyer is stark. You can pay full purchase price, sign a deed of assignment, move onto the land, build a house, and live there for years and if Governor’s Consent was never obtained, your title is legally vulnerable. Someone else could challenge your ownership. The original seller could turn around and sell the same land to a third party. A bank could refuse to accept the property as collateral. And if any dispute ends up in court, you could find yourself without legal protection.

Beyond the legal risk, there is a practical consequence too. Without Governor’s Consent, you cannot register the transaction at the land registry. Without registration, your interest in the land is not binding on third parties. Which means that if the previous owner mortgages the land or sells it to someone else who obtains consent and registers their interest, that third party’s registered interest could take priority over your unregistered one. Nigerian law on this point is clear: registration matters, and you cannot register without consent.

This is why lawyers who work in Nigerian real estate law are so emphatic about Governor’s Consent. It is not bureaucratic box-ticking. It is the difference between owning property and thinking you own property.

 

When Governor’s Consent Is Required

Governor’s Consent is required any time a holder of a statutory right of occupancy transfers that right to another person or uses it in a way that amounts to alienation. The most common situations where this arises are outright sales of land, subleases where the sublease period is substantial, mortgages and charges over land, and gifts of land to another person.

In a straightforward sale, the process is relatively clear. The seller (the current holder of the right of occupancy) and the buyer execute a deed of assignment. This deed records the terms of the transfer and formally assigns the seller’s right of occupancy to the buyer. The next step is to present this deed to the relevant land authority and apply for Governor’s Consent to ratify the transfer. Until that consent is granted and the deed is registered, the assignment does not have full legal force.

For mortgages, the same logic applies. If you want to use your land as collateral for a loan, the lender will typically insist on Governor’s Consent before accepting the mortgage as valid security. This is because a mortgage without consent is as the Savannah Bank case demonstrated unenforceable. Reputable lenders in Nigeria will not release funds on a property transaction where Governor’s Consent has not been obtained or is not in the process of being obtained.

There are some situations where consent is not strictly required. Transactions involving land held under customary right of occupancy, for instance, are handled differently. And where land is being transferred within certain family arrangements or by operation of law for example, in an estate administration the requirements may vary. But for the vast majority of commercial land transactions in Nigerian cities, Governor’s Consent is mandatory.

 

The Step-by-Step Process of Obtaining Governor’s Consent

The process of obtaining Governor’s Consent in Nigeria is, in theory, a fairly structured administrative procedure. In practice, it can be slow, bureaucratic, and frustrating particularly in states where the land administration system is not fully digitised. Here is how the process generally works, keeping in mind that the specific requirements and sequence of steps may vary from one state to another.

Executing the Deed of Assignment

Everything starts with a properly executed deed of assignment. This is the legal document that records the transfer of the right of occupancy from the seller to the buyer. It should contain the details of both parties, a clear description of the property, the purchase price or consideration, and an acceptance of assignment by the buyer. The deed should be prepared by a solicitor and executed by both parties in the presence of witnesses.

The deed of assignment alone does not complete the transaction. It is the instrument of transfer that you then take to the land authority to seek the Governor’s approval.

Conducting a Search at the Land Registry

Before submitting your application for consent, it is standard practice to conduct a search at the land registry to confirm the status of the title. This search tells you whether the property is free from encumbrances, whether there are any existing mortgages or charges, and whether the title is genuine. It is a critical due diligence step that protects the buyer from purchasing a property that is already pledged, disputed, or otherwise compromised.

Preparing and Submitting the Application

The application for Governor’s Consent is submitted to the relevant Ministry of Lands and Housing (or equivalent body) in the state where the property is located. The documents required typically include the original deed of assignment, the original Certificate of Occupancy (or previous Governor’s Consent documents if the property has changed hands before), the result of the land registry search, tax clearance certificates for both parties, survey plans of the property, passport photographs, and identification documents.

Different states may have additional requirements. Lagos State, for instance, has its own land registry procedures and forms that are specific to the state. It is always advisable to check the current requirements with the relevant authority or through a solicitor who is familiar with the process in that particular state.

Assessment and Payment of Fees

Once your application is submitted and the documents are reviewed, the land authority will assess the property and calculate the fees payable. These fees typically include the consent fee (which is often calculated as a percentage of the property value), capital gains tax (currently 10% in Nigeria, payable on the gain made from the sale), stamp duty on the deed of assignment, and various administrative charges.

The total cost of obtaining Governor’s Consent can be substantial, and it catches many buyers by surprise if they have not budgeted for it. Between consent fees, taxes, and other charges, costs can range from a few percent to over ten percent of the property value in some states. This is one of the most common reasons people try to shortcut the process and also one of the biggest reasons the shortcut costs them dearly later.

Inspection and Verification

In many states, the land authority will conduct a physical inspection of the property to verify that the details in the application match the actual state of the land. This is where discrepancies in measurements, boundary disputes, or unapproved developments can create complications. If the inspection raises questions, the process can be delayed while they are resolved.

Grant of Consent and Registration

Once the fees are paid and the application is approved, the Governor’s Consent is endorsed on the deed of assignment. The deed is then taken to the land registry for registration. Registration is the final step that makes your interest in the property binding on the world it puts everyone on notice that you are the registered holder of the right of occupancy.

Upon registration, the new owner receives the registered deed of assignment with the Governor’s Consent endorsed on it. This document, together with any existing Certificate of Occupancy, forms the chain of title that proves your ownership of the property.

 

How Long Does the Process Take?

Honestly, this is where the theory and reality diverge most sharply. The official position from most state land authorities suggests the process should be completed within a reasonable administrative window sometimes quoted as 30 to 90 days. In practice, the process in many Nigerian states can stretch to six months, a year, or even longer, particularly where documentation is incomplete, fees are disputed, or the system is simply backlogged.

Lagos State has made notable efforts to improve its land administration system in recent years, including the introduction of the Lagos State Land Administration System. Some other states have also introduced reforms aimed at digitising records and reducing processing times. But the reality is that land administration remains one of the more challenging bureaucratic processes in Nigeria, and patience along with the guidance of an experienced solicitor is essential.

One factor that often extends the timeline is incomplete documentation at the point of submission. Missing documents lead to queries from the land authority, which means going back to gather more papers, resubmitting, and waiting again. This is why it is so important to work with a solicitor who knows exactly what each state’s land authority requires and can ensure your application is complete from the start.

 

Costs Involved: What You Should Budget For

The costs associated with Governor’s Consent vary by state and by the value of the property in question. What is consistent across Nigeria is that the process involves multiple categories of charges, and the cumulative amount is often higher than people expect.

Consent fees are charged by the state government and are typically calculated as a percentage of the assessed value of the property. This percentage varies from state to state. In addition to the consent fee, you will pay stamp duty on the deed of assignment. Stamp duty in Nigeria is currently charged at 1.5% of the property value for instruments of transfer, though this figure can change with legislative updates.

Capital gains tax is another significant cost. When a property is sold and a gain is made, the seller is liable to pay 10% capital gains tax on the profit. In practice, this is often negotiated between buyer and seller, and in some transactions the parties agree that the buyer will bear this cost. However you structure it, the tax needs to be paid before consent is granted.

Beyond these statutory charges, there are administrative fees, fees for the land search, and of course, professional fees for the solicitor handling the process. Taken together, buyers should budget somewhere in the range of 5% to 15% of the property purchase price to cover all consent-related costs, depending on the state and the specific property. It is always better to budget more and be pleasantly surprised than to run short midway through the process.

 

Common Problems and How to Avoid Them

The consent process would be straightforward if every property had a clean title, all parties were cooperative, and the bureaucracy moved efficiently. In real life, complications arise. Understanding the most common ones helps you anticipate problems and deal with them before they derail your transaction.

Title defects are among the most frequent complications. If the property being transferred has a defective title for example, if the C of O was obtained fraudulently, if there are unresolved disputes over boundaries, or if previous transactions were not properly documented the land authority will flag the issue during the consent process. In serious cases, the consent may be refused entirely until the defect is cured. This is yet another reason why a thorough search and due diligence before buying is not optional.

Incomplete documentation is the single most common cause of delay. Many applicants submit their files without all the required documents, which leads to requisitions formal requests from the land authority for missing information. Each requisition adds weeks or months to the timeline. Working with an experienced solicitor who creates a proper checklist and reviews your documents before submission dramatically reduces this risk.

Disagreements over assessed property value also come up. The land authority assesses the value of the property for the purpose of calculating consent fees. If the assessed value is significantly higher than the purchase price stated in the deed, it can lead to higher fees than anticipated. Some applicants try to state a lower purchase price to reduce fees which is not advisable, both because it is technically fraudulent and because it creates inconsistencies in your documentation that can cause problems later.

Finally, political transitions and administrative changes can disrupt the process. When a new government comes into power in a state, there is often a period of transition during which land administration processes slow down or are put on hold. If your consent application is mid-process during such a transition, expect delays.

 

Governor’s Consent vs. Certificate of Occupancy: Understanding the Difference

A lot of people conflate Governor’s Consent with a Certificate of Occupancy, and it is worth taking a moment to distinguish between the two, because they are not the same thing.

A Certificate of Occupancy (C of O) is the document issued by the state government to grant a statutory right of occupancy to a person over a particular piece of land. It is the original title document. When land is first formally allocated under the Land Use Act, the process results in the issuance of a C of O. This document is what makes the occupancy right statutory and gives the holder their primary title.

Governor’s Consent, on the other hand, is the approval required when that right of occupancy is transferred from one person to another. So the first holder of the land gets a C of O. When that person sells the land, the transaction needs Governor’s Consent. The second buyer does not typically get a new C of O instead, they get the original C of O (which documents the history of the land from the state’s initial grant) plus a deed of assignment endorsed with Governor’s Consent, which together prove the chain of title.

Think of the C of O as the birth certificate of the land’s legal identity, and Governor’s Consent as the official stamp that validates each change of ownership. Both are important; they serve different functions in establishing and maintaining clear title.

 

The Importance of Working with a Qualified Lawyer

Given the complexity, the costs, and the legal consequences of getting it wrong, the case for working with a qualified lawyer on any property transaction in Nigeria is overwhelming. This is not the place to save money by doing it yourself or relying on someone who is not a trained property lawyer.

A good property solicitor will conduct due diligence on the title before you commit to buying, verify the authenticity of the C of O and other documents, prepare the deed of assignment in a form that meets the land authority’s requirements, guide you through the consent application process, handle the land search, and ensure that the transaction is properly registered at the end. In a market where land fraud is not uncommon and the documentary requirements are strict, having a knowledgeable professional in your corner is not a luxury it is a necessity.

The solicitor’s fees for a land transaction in Nigeria typically range from 5% to 10% of the property value, depending on the scope of work. Some solicitors charge a flat fee for specific services. Whatever the arrangement, get it in writing upfront and make sure there are no ambiguities about what is included.

 

Frequently Asked Questions

What is the difference between Governor’s Consent and a deed of assignment?

A deed of assignment is the legal document that records the transfer of a right of occupancy from one person to another it is essentially the sale agreement in written, formal form. Governor’s Consent is the state government’s approval of that transfer. The deed of assignment creates the agreement between the parties; Governor’s Consent is what makes that agreement legally complete and enforceable. You need both.

Can a transaction be valid without Governor’s Consent if both parties agreed to it?

No. Under Nigerian law, the agreement between the parties is not sufficient to validate a land transfer. Section 22 of the Land Use Act makes Governor’s Consent a statutory requirement, and Nigerian courts have consistently held that transactions carried out without it are void. The fact that both parties signed the deed, exchanged money, and moved forward does not override the legal requirement for consent. It must be obtained.

Who is responsible for obtaining Governor’s Consent the buyer or the seller?

Typically, it is the buyer’s responsibility to ensure that Governor’s Consent is obtained, because the buyer is the one whose interest needs to be protected and regularised. In practice, it is something that should be agreed upon between the parties at the time of sale, and it is usually the buyer who drives the process and bears most of the cost. The seller’s cooperation is still required for example, in providing documentation and signing where necessary and this obligation should be clearly stated in the sale agreement.

What happens if I buy land without ensuring Governor’s Consent is obtained?

You take on significant legal risk. Your title is incomplete and potentially void. You cannot register your interest in the land. If a dispute arises, you may not have the legal standing to enforce your claim in court. The seller could potentially sell the same land to a third party who obtains consent and registers their interest, and that third party’s title could take priority over yours. In short, you may have paid for land that you do not legally own.

Is Governor’s Consent required for all types of land in Nigeria?

Governor’s Consent is specifically required for transactions involving statutory rights of occupancy that is, land in urban areas covered by a Certificate of Occupancy or allocations by the state government. Transactions involving customary rights of occupancy (typically in rural areas) are administered by local government councils, and the relevant consent in those cases is issued by the local government, not the Governor. However, if you are dealing with property in a major city or urban centre in Nigeria, Governor’s Consent is almost certainly what you need.

Can Governor’s Consent be refused?

Yes, the Governor acting through the land authority can refuse to grant consent. Common reasons for refusal include defects in the title, unpaid land charges or taxes on the property, disputes over the land, non-compliance with planning regulations or land use conditions, or fraudulent documentation. If consent is refused, the parties are typically notified of the reason and may be given an opportunity to address the issue before reapplying.

How much does Governor’s Consent cost in Lagos State specifically?

Lagos State is one of the more active property markets in Nigeria, and the cost of Governor’s Consent there tends to be among the highest in the country, reflecting property values in the state. Costs typically include consent fees calculated on the assessed value of the property, capital gains tax, stamp duty, charting fees, administrative fees, and registration fees. The total can range from around 5% to over 10% of the property value. For current and precise figures, it is best to consult the Lagos State Land Bureau directly or engage a solicitor familiar with Lagos land transactions, as fee structures can change with new government policies.

What is a ratification, and how is it different from Governor’s Consent?

Ratification is a process used in some states to regularise transactions that were carried out without the proper consent being obtained at the time. If you bought land and no consent was obtained, you may be able to apply for ratification essentially asking the land authority to approve and regularise the old transaction after the fact. Ratification is not available in all states and may involve higher fees than a standard consent application. It is also not guaranteed the authority can refuse to ratify if the title has problems. The better approach is always to get consent at the time of the transaction rather than relying on the possibility of ratification later.

Can Governor’s Consent be obtained after the seller has died?

This is a situation that comes up more often than people realise, particularly in cases where a transaction was completed informally and consent was never sought during the seller’s lifetime. It is possible to seek consent even after the original holder has died, but the process is more complex. The deceased’s estate must be properly administered, which typically involves obtaining a grant of probate or letters of administration, and the legal personal representative of the estate must then be the one to execute the relevant documents on behalf of the seller’s estate. The involvement of a solicitor is particularly important in these cases.

Does Governor’s Consent expire?

Once granted, Governor’s Consent does not expire in the sense that it becomes invalid over time. However, if the consent is obtained but the deed of assignment is never registered at the land registry, you still have an incomplete chain of title. The consent needs to be followed by registration to be fully effective. Some states also have provisions that require transactions to be registered within a specified period after consent is granted, and failing to register within that period can create complications. Always follow through to registration as consent alone is not the finish line.

Is a property with only a deed of assignment and no Governor’s Consent safe to buy?

It is risky. A deed of assignment without Governor’s Consent means the transfer of the right of occupancy was never formally approved by the state. The title is technically incomplete. While many properties in Nigeria are sold with just a deed of assignment, and while many buyers live peacefully on such properties for years, the legal vulnerability is real. If you are considering buying such a property, factor in the cost and time of obtaining consent as part of your purchase decision, and ensure your solicitor conducts thorough due diligence on the seller’s title before you commit.

 

Conclusion

Governor’s Consent is one of those things in Nigerian real estate that sounds technical and administrative on the surface but sits at the heart of how property ownership actually works in this country. The Land Use Act vested all land in state governors, and Governor’s Consent is the mechanism through which that vesting plays out in every property transaction.

Understanding it is not just for lawyers. Anyone who buys, sells, inherits, mortgages, or leases land in Nigeria needs to understand what Governor’s Consent is, why it is required, and what the consequences are of doing without it. The good news is that the process, while imperfect, is navigable especially with the right legal guidance and realistic expectations about time and cost.

If you are about to enter a property transaction in Nigeria, do not let the urgency of the deal or the inconvenience of the process push you into shortcuts. Get a qualified solicitor. Do your due diligence. Budget properly for consent costs. And make sure your transaction is fully complete from the deed of assignment all the way through to registered title. That is the only kind of property ownership that truly protects you.