Every year in Nigeria, buyers’ complete property transactions, paying millions of naira, signing documents, taking possession only to discover later that they do not legally own the property. Not because they were defrauded. Not because the documents were forged. But because one essential legal step was skipped.
That step is Governor’s Consent.
Whether you are buying land in Lagos, acquiring commercial property in Abuja, or investing in real estate anywhere across Nigeria, understanding Governor’s Consent is not optional. It is the difference between holding a valid property title in Nigeria and holding an expensive piece of paper.
What Is Governor’s Consent and Why Does It Exist?
To understand Governor’s Consent, you must first understand Nigeria’s land ownership framework. Under the Land Use Act 1978 which remains the governing statute for all land in Nigeria, every piece of land in each state is vested in the Governor of that state, who holds it in trust for all Nigerians. This means no individual or company truly “owns” land outright. Instead, occupants hold a Right of Occupancy, essentially a long-term lease from the state.
Because the Governor is the ultimate landlord, Section 22 of the Land Use Act requires that the Governor must approve any transfer of a Statutory Right of Occupancy before it can be legally effective. That approval is Governor’s Consent.
| Land Use Act 1978 — Section 22It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor 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. |
How Does It Work in Practice?
When you buy property in Nigeria, the seller and buyer sign a Deed of Assignment, the document that records the transfer of the property from the seller to the buyer. But the Deed of Assignment alone does not complete the transaction. Governor’s Consent must then be obtained: the relevant state lands bureau reviews the transaction, assesses fees, and if satisfied, the Governor’s endorsement is placed on the Deed of Assignment itself.
This process of obtaining Governor’s Consent and registering the deed is commonly referred to as “perfection of title.” It is the final, legally decisive step that moves the property title from the seller’s name into yours.
Governor’s Consent is not a separate document that competes with your Deed of Assignment. It is the official endorsement placed on that deed. Both are part of the same process, and both are required for a valid, legally enforceable property title in Nigeria.
What Happens If You Skip It?
This is where many buyers discover too late, the cost of an incomplete transaction. Under Nigerian law, a transfer of a Statutory Right of Occupancy without Governor’s Consent is void. Not voidable. Void. The legal consequences are serious:
• You have no legal title: The property, in the eyes of the law, has not changed hands. The seller remains the legal occupant on record.
• You cannot use the property as collateral: Nigerian banks and mortgage lenders will not accept property as security unless Governor’s Consent has been perfected.
• You are exposed to double sale: Because your name is not in the official land registry, the original seller could sell the same property to another buyer who then completes the perfection process and that buyer would have the stronger title.
• You cannot sell or develop freely: Any attempt to sell or sublease the property will expose the same defect, making it harder to find buyers or tenants.
| A Deed of Assignment without Governor’s Consent is not a completed property transaction. It is an agreement to transfer title, one that has not yet been recognized by law. If you are holding such a document, you should seek legal advice immediately to remedy your title. |
The Perfection Process:
Perfecting title is the process of obtaining Governor’s Consent and registering the deed and it involves several steps, which vary slightly by state. In Lagos State, the process is administered through the Lagos State Lands Bureau and involves the following key stages:
• Submission of application with executed Deed of Assignment, survey plan, evidence of payment of purchase price, and other supporting documents
• Assessment of consent fees and stamp duty based on the property’s assessed value
• Payment of assessed fees to the state government
• Governor’s endorsement placed on the Deed of Assignment
• Registration of the consented deed at the Land Registry
In the Federal Capital Territory (FCT), the process is administered by the Abuja Geographic Information Systems (AGIS) office under the FCT Minister, who exercises equivalent powers to the Governor under the Land Use Act.
Common Mistakes Buyers Make
Our experience advising clients on property transactions in Nigeria reveals that the following errors are most common:
• Taking possession without perfecting title: Physical possession does not equal legal ownership. Many buyers move in, develop the land, or rent it out before completing the perfection process, leaving their investment legally unprotected for years.
• Assuming a previous consent covers them: Each transfer of a property requires its own Governor’s Consent. A consent obtained by the seller when they bought the property does not protect you as the new buyer. You must obtain fresh consent for your transaction.
• Underestimating the cost: Consent fees and stamp duty are calculated on the assessed value of the property and can be significant.
• Relying on unverified title documents: Before any transaction, a thorough land title verification in Nigeria should be conducted at the relevant land registry to confirm the seller’s title, check for encumbrances, and verify that the land is not subject to government acquisition.
• Transacting on land without a Certificate of Occupancy: While not every parcel of land in Nigeria has a C of O, transactions on such land carry higher risk. A property lawyer in Nigeria can advise on the appropriate steps to take for each category of land.
A Practical Checklist for Property Buyers in Nigeria
Before concluding any property transaction in Nigeria, ensure the following steps are taken:
• Conduct due diligence: verify the seller’s title and search the land registry for encumbrances
• Confirm the land is not subject to a government acquisition notice
• Ensure a Certificate of Occupancy (C of O) or equivalent title document exists
• Execute a properly drafted Deed of Assignment drafted by your property lawyer
• Commence the Governor’s Consent application immediately after execution.
• Budget for consent fees, stamp duty, and legal costs as part of your total acquisition cost.
Nigeria’s real estate market is one of the most active in sub-Saharan Africa, attracting local buyers, diaspora investors, and institutional capital in growing volumes. As property values in cities like Lagos, Abuja, and Port Harcourt continue to rise, the stakes attached to a defective property title in Nigeria have never been higher.
| Concerned About Your Property Title?Our Real Estate Practice Team regularly advises buyers, developers, and investors on land title verification, Governor’s Consent processing, and property due diligence across Nigeria. Whether you are purchasing for the first time or reviewing an existing title, we can help you identify and resolve any gaps before they become disputes. Contact us for a confidential consultation. |
This article does not constitute legal advice and should not be relied upon as such. Readers should seek independent legal advice in relation to their specific circumstances before taking any action.