Governor's Consent in Nigeria: What It Is, How to Get It & Why It Matters

Governor's Consent is one of the most misunderstood requirements in Nigerian property law — and one of the most frequently skipped steps in property transactions. Skipping it is common. But understanding it, and eventually completing it, is what separates a fully enforceable title from a vulnerable one.

The legal basis: Land Use Act 1978

Under Section 1 of the Land Use Act 1978, all land in each state of Nigeria is vested in the Governor of that state, who holds it in trust for the people. A Certificate of Occupancy (C of O) is the instrument by which the Governor grants the right to occupy a specific parcel of land to an individual or company for a fixed term — typically 99 years.

Because the Governor is effectively the ultimate landlord of all land in the state, Section 22 of the Act requires that any transfer, sublease, or mortgage of the occupancy right must receive the Governor's written consent before it is valid. This requirement applies to every sale of property in Nigeria where the title is based on a Certificate of Occupancy.

In the FCT (Abuja), the equivalent requirement is Ministerial Consent — administered by the FCT Minister through AGIS (Abuja Geographic Information System). The principle and process are the same.

What happens without Governor's Consent?

A Deed of Assignment executed without Governor's Consent is:

• Incomplete: The title transfer is not legally perfected
• Unregistrable: The deed cannot be recorded at the State Land Registry
• Potentially void against third parties: Courts have held that an unconsented assignment may be void — meaning if the original C of O holder subsequently mortgages the property or sells it to another buyer who obtains consent first, your prior unconsented deed may lose priority
• Inadmissible: An unstamped, unregistered deed is inadmissible in evidence in court proceedings

In practice, the majority of residential property transactions in Nigeria proceed without consent being obtained at the time of sale. Buyers accept the risk and either defer the application or never complete it. This widespread non-compliance is one reason why title disputes are so common in Nigeria.

When is Governor's Consent required?

Governor's Consent is required for:

• Any assignment (sale) of land or property held under a C of O
• Any sublease of land held under a C of O
• Any mortgage of land held under a C of O
• Any other transfer of interest in land under a C of O

It is not required for the initial issuance of a C of O — that is a separate government process. It is required for every subsequent change of ownership.

How to apply for Governor's Consent in Lagos

The process is administered by the Lagos State Lands Bureau (located at The Secretariat, Alausa, Ikeja). The general steps are:

1. Engage a property solicitor. The application requires legal preparation — your solicitor prepares the application and supporting documents.
2. Prepare the application package:
   • Application letter to the Lagos State Lands Bureau
   • Original Certificate of Occupancy
   • The executed Deed of Assignment (signed by both parties)
   • Survey plan of the property
   • Proof of the consideration paid (sale price evidence)
   • Means of identification for both parties
   • Tax clearance certificates for both parties
3. Submit and pay filing fees. The Lands Bureau charges a filing fee and a consent fee calculated as a percentage of the assessed value of the property.
4. Inspection and assessment. The Bureau may dispatch officers to inspect the property and confirm the details match the application.
5. Stamp duty. The Deed of Assignment must be stamped at the Federal Inland Revenue Service (FIRS) — stamp duty is calculated as a percentage of the transaction value.
6. Endorsement.Once all assessments are complete and fees paid, the Governor's Consent is endorsed on the Deed of Assignment and the document is registered at the Land Registry.

Costs involved

The total cost of obtaining Governor's Consent includes several components:

• Consent fee: Charged by the state as a percentage of the assessed property value (varies by state — typically 3–8%)
• Stamp duty: Paid to FIRS — typically 1.5% for residential property
• Registration fee: For registering the document at the Land Registry
• Survey and inspection fees
• Solicitor's professional fee: For managing the process — typically 5–10% of the transaction value or a fixed fee

In total, all title perfection costs (including Governor's Consent) are commonly estimated at 3–10% of the property purchase price on top of the headline price. This is a significant additional cost that buyers must budget for.

Should you insist on consent before paying?

Ideally, yes. In practice, sellers often resist because obtaining consent takes months and delays the transaction. A reasonable compromise:

• Pay an initial deposit on signing the Deed of Assignment
• Make final payment conditional on the consent application being submitted (not completed — that takes too long) with your solicitor in control of the process
• Retain a portion of the purchase price in escrow until consent is granted

At minimum, ensure your solicitor has confirmed the title is clean and the deed is properly executed before making any payment, even if you accept that consent will be obtained post-completion.

Related guides: Deed of Assignment Nigeria, Land Document Types in Nigeria, Buying Property in Nigeria: Due Diligence.