Governor's Consent: Why It Matters

Buyers pay in full, take possession of their property, and live there for years, only to discover later that their transaction was never legally completed because Governor's Consent was not obtained. When that happens, the transaction is legally void, and the consequences can be devastating.

This article explains exactly what Governor's Consent is, when it is required, how to obtain it, and why no property transfer in Nigeria is complete without it.

What Is Governor's Consent?

Under the Land Use Act of 1978, all land in Nigeria is vested in the State Governor. This means that when a property with a Certificate of Occupancy (C of O) changes hands, the Governor must formally consent to that transfer.

Governor's Consent is the official document that records that consent. It is essentially the state's approval that the sale or transfer of the property is legally recognised.

Without it, the transfer does not exist in the eyes of the law, regardless of how much money changed hands, what agreements were signed, or how long the buyer has been in possession.

Working with a trusted real estate developer in Nigeria means this step is built into the transaction process. Private purchases, however, frequently leave buyers without it.

When Is Governor's Consent Required?

Governor's Consent is required every time a property with an existing Certificate of Occupancy is:

It is not required for the first grant of a C of O (since the Governor is issuing it directly), but it applies to every subsequent transaction involving that title.

In Abuja (FCT), the equivalent document is called Minister's Consent, issued by the FCT Minister, and it operates in exactly the same way.

What Happens If Governor's Consent Is Not Obtained?

The legal consequences are serious:

The transfer is void. Section 22 of the Land Use Act is explicit: any transaction that purports to alienate land without the Governor's prior consent is null and void. The buyer has no legal title, regardless of what they paid.

The property cannot be used as collateral. Banks will not accept a property as loan security if Governor's Consent has not been obtained for the current owner's title. This can lock you out of mortgage financing entirely.

Future sales become complicated. When you try to sell the property, the absence of Governor's Consent creates a gap in the title chain that makes the property difficult or impossible to sell to an informed buyer.

Legal disputes become expensive. If the original seller disputes the transaction, or if their estate contests it after their death, you will be in court without a legally complete title to defend.

How to Obtain Governor's Consent in Lagos

The process varies slightly by state, but Lagos is the most commonly navigated. Here is the standard process:

Step 1: Prepare the Application The buyer (or their lawyer) prepares a formal application for Governor's Consent, accompanied by the following documents:

Step 2: Pay the Consent Fee Lagos State charges a Governor's Consent fee of 3% of the property value (as assessed by the state). This is a significant cost to budget for and should be factored in at the time of purchase negotiation.

Step 3: Submit to the Lagos Lands Bureau The application is submitted to the Lagos State Lands Bureau at Alausa, Ikeja. Processing times vary but typically run between 30 and 90 days for straightforward applications.

Step 4: Stamp Duty and Registration Once consent is granted, the Deed must be stamped (stamp duty of 1.5% of the purchase price) and registered at the Land Registry. Only at this point is the transaction legally complete.

Governor's Consent Fees: What to Budget

These costs are in addition to legal fees (5–10% of purchase price) and should be discussed and agreed upon between buyer and seller before contracts are signed. In many transactions, the parties negotiate who bears which costs.

Common Mistakes Buyers Make With Governor's Consent

Assuming the developer or agent will handle it automatically. Unless this is explicitly stated and contracted, it may not happen. Always confirm in writing who is responsible for obtaining consent and by what deadline.

Not budgeting for it. The 3% consent fee in Lagos is substantial on a high-value property. Discovering it after completion can cause significant financial strain.

Accepting a property without confirming it was obtained in previous transactions. If a C of O was issued in 2005 and the property has changed hands three times since, Governor's Consent should have been obtained for each transfer. A land search at the registry will reveal whether it was.

Delaying the application. Some buyers take possession and assume they can sort the paperwork later. The longer it is delayed, the more complicated and expensive it can become, particularly if circumstances change for either party.

How Reputable Developers Handle This

When you purchase from a reputable Nigerian property developer, the title transfer process, including Governor's Consent, is a defined part of the transaction. Professional developers:

This is one of the most important distinctions between buying from a credible developer and buying privately through an unregulated agent.

Final Word

Governor's Consent is not optional. It is not a technicality. It is the legal mechanism through which a property transaction becomes real in the eyes of Nigerian law.

If you are buying property in Nigeria, whether a land plot, an apartment, or a commercial unit, make sure Governor's Consent is part of your transaction from day one. If you are buying a property that has been previously sold, make sure it was obtained for every prior transfer.

Questions about your specific transaction? Speak with the Leisure Court advisory team; we walk every buyer through the documentation before they sign.

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