Governor’s Consent is one of the most important and most ignored concepts in Nigerian land law. Thousands of Nigerians buy land every year, pay millions of naira, and walk away thinking they own that land. But without Governor’s Consent, their ownership is incomplete, legally vulnerable, and in some cases, entirely unenforceable.
Look at it this way, you found the land. You negotiated the price. You paid. The seller has signed documents and handed everything over to you. You are feeling good about your investment.
But here is a question most Nigerian land buyers never think to ask has the Governor given his consent to this transaction?
If your answer is “what does the Governor have to do with my land?” then this article is exactly what you need to read before you complete your next property transaction.
This article explains what Governor’s Consent is, why it exists, what happens if you skip it, and exactly what you need to do to protect your investment.
Understanding the Land Use Act of 1978
To understand Governor’s Consent, you first need to understand a law that affects every single piece of land in Nigeria the Land Use Act of 1978.
The Land Use Act vested (meaning it transferred) all land in each state of Nigeria in the hands of the Governor of that state. The Governor holds the land in trust for the people and the government.
What this means in practical terms is that no individual in Nigeria truly “owns” land in the absolute sense. What you own is the right to use and occupy that land called a Right of Occupancy. The ultimate title to the land itself rests with the state government, represented by the Governor.
What Is Governor’s Consent?
Governor’s Consent is the official approval given by the Governor of a state acting through the state’s Ministry of Lands for the transfer of a right of occupancy from one person to another.
In simpler terms whenever land that has a statutory right of occupancy (typically evidenced by a Certificate of Occupancy) changes hands, the Governor must approve that transfer before it becomes legally complete and binding.
It does not matter that you and the seller have agreed. It does not matter that money has changed hands. It does not matter that documents have been signed. Until the Governor through the Lands Ministry gives formal consent to that transaction, the transfer of title is not fully valid under Nigerian law.
This requirement is clearly stated in Section 22 of the Land Use Act, which provides that the holder of a statutory right of occupancy shall not alienate meaning sell, transfer, mortgage, or assign his right of occupancy without the prior consent of the Governor.
When Is Governor’s Consent Required?
Governor’s Consent is required in the following situations:
- Sale of land: When a landowner sells his plot or property to another person and the land has a Certificate of Occupancy (C of O), the buyer needs Governor’s Consent to perfect his title.
- Assignment: When a right of occupancy is transferred or assigned from one person to another, whether by sale or otherwise.
- Mortgage: When land is used as collateral for a loan, the lender (typically a bank) needs Governor’s Consent for the mortgage to be valid and enforceable.
- Sublease: When a leaseholder wants to sublet the land to another party for a term.
- Transfer by gift: When land is given as a gift from one person to another.
- Transfer on death: When land is inherited and the beneficiary needs to have the title formally transferred to their name.
In all these situations, the transaction is not fully complete and legally protected without the Governor’s formal approval.
How To Obtain Governor’s Consent?
The process for obtaining Governor’s Consent varies slightly from state to state, but the general steps are as follows:
Step 1: Engage a Lawyer
This process requires professional legal assistance. Your lawyer will prepare and collate the necessary documents and guide you through the entire process.
Step 2: Prepare the Required Documents
The typical documents required include:
- The original Certificate of Occupancy on the land
- The Deed of Conveyance signed by the seller and buyer
- Survey plan of the property
- Evidence of payment of the purchase price
- Passport photographs of both parties
- Means of identification for both parties
- Tax clearance certificates for both parties in some states
- Completed application forms from the Ministry of Lands
Step 3: Submit the Application to the Ministry of Lands
Your lawyer submits the application, along with all supporting documents, to the state Ministry of Lands. In Rivers State, this is the Rivers State Ministry of Lands.
Step 4: Assessment of Fees
The Ministry will assess the applicable fees. These typically include:
- Consent fee a percentage of the value of the land
- Capital gains tax (where applicable)
- Registration fees
- Stamp duty fees payable to the State Inland Revenue Service
These fees can be significant often running into hundreds of thousands of naira depending on the value of the land. They should be factored into your budget when purchasing property.
Step 5: Inspection
In some states, the Ministry may conduct a physical inspection of the property as part of the consent process.
Step 6: Endorsement and Registration
Once all fees are paid and the documentation is verified, the Governor’s Consent is endorsed on the Deed of Conveyance. The document is then registered at the lands registry, creating an official public record of your ownership.
Note: In an ideal world, the process should take a few weeks to a few months. In practice, in most Nigerian states, it can take considerably longer sometimes over a year due to bureaucratic delays, incomplete documentation, or the sheer volume of applications being processed.
This is frustrating but not a reason to abandon the process. The risks of not having Governor’s Consent far outweigh the inconvenience of the wait.
In conclusion, Governor’s Consent is not a bureaucratic inconvenience. It is the legal mechanism that stands between you and a defective land title. It is the difference between land you truly own and land you merely paid for.
Nigeria has thousands of disputed land cases in its courts right now many of them involving buyers who paid good money, received documents, and believed they were protected. Some of those buyers are discovering, years later, that the transaction they thought was complete was never properly perfected.
Do not let that be your story.
Whether you are buying land for the first time or adding to an existing property portfolio, make Governor’s Consent a non-negotiable part of every transaction. Budget for it. Plan for it. Follow through on it.
The land is only truly yours when the Governor says so.
For further enquiries
Email: info@verazadvocates.com.ng
Call/ WhatsApp: +234 8116486356
