Daniel OkoyeWhen land or property is transferred from one person to another in Nigeria, the transaction does not become fully valid under the law until it receives government approval. This approval is known as Governor’s Consent. It is one of the most important requirements in property transactions because it confirms that the state government recognizes the transfer of land ownership.
Understanding Governor’s Consent is essential for anyone buying land, selling property, or investing in real estate in Nigeria.
What Is Governor’s Consent?
Governor’s Consent is the official approval given by the state governor allowing the transfer of land ownership from one person to another. This approval is required because, under Nigerian law, all land in a state is held in trust by the governor on behalf of the people.
When a landowner sells or transfers land to another person, the law requires that the governor must approve the transaction before it becomes legally recognized.
In simple terms, Governor’s Consent is the government’s confirmation that a land transaction is legitimate.
Legal Basis of Governor’s Consent
The requirement for Governor’s Consent comes from the Land Use Act of 1978, which is the main law regulating land administration in Nigeria.
According to the Act:
• All land in a state is controlled by the governor
• Individuals only have the right of occupancy, not absolute ownership
• Any transfer of land rights must receive the governor’s approval
Because of this law, any transfer of land ownership without Governor’s Consent may be considered incomplete or legally defective.
When Governor’s Consent Is Required
Governor’s Consent is required whenever ownership of land is transferred to another person.
Common situations where it is needed include:
• Sale of land or property
• Transfer of land between individuals
• Assignment of land rights to a new owner
• Mortgage of land for bank loans
• Long-term lease of land
In these situations, the new owner must obtain the governor’s approval for the transaction.
Importance of Governor’s Consent
Governor’s Consent serves several important purposes in land transactions.
First, it ensures that the government is aware of the change in land ownership. This helps maintain accurate land records.
Second, it protects property buyers by confirming that the land transfer is legally recognized.
Third, it helps prevent fraud and multiple sales of the same land.
Fourth, it allows government authorities to regulate land use and urban development.
Without Governor’s Consent, the buyer may face difficulties proving ownership or processing other land title documents.
Documents Required for Governor’s Consent
To apply for Governor’s Consent, certain documents must be submitted to the Ministry of Lands or Land Bureau in the state where the property is located.
These documents usually include:
• Copy of the Certificate of Occupancy (C of O)
• Deed of Assignment between the buyer and seller
• Survey plan of the property
• Evidence of payment for the land
• Passport photographs of the parties involved
• Application letter requesting consent
Additional documents may be required depending on the state.
Process of Obtaining Governor’s Consent
The process of obtaining Governor’s Consent involves several stages handled by the state land administration office.
The steps usually include:
• Submission of the application and required documents
• Verification of the land documents by government officials
• Inspection of the property if necessary
• Assessment of fees and charges
• Approval and endorsement by the governor or authorized officials
Once approved, the consent is recorded on the Deed of Assignment or relevant land document.
Cost of Governor’s Consent
Obtaining Governor’s Consent involves payment of several government charges.
These may include:
• Consent fees
• Stamp duties
• Registration fees
• Legal processing fees
The exact cost depends on the value of the property and the state where the land is located.
Because of these costs, many property buyers delay the process, although it is strongly recommended to complete it.
Risks of Not Obtaining Governor’s Consent
Failing to obtain Governor’s Consent can lead to legal problems in the future.
Possible risks include:
• Difficulty proving ownership of the land
• Inability to sell or transfer the property legally
• Problems obtaining bank loans using the property
• Potential disputes over land ownership
For these reasons, property buyers are advised to complete the consent process after purchasing land.
Difference Between Certificate of Occupancy and Governor’s Consent
Many people confuse the Certificate of Occupancy with Governor’s Consent, but they serve different purposes.
The Certificate of Occupancy is issued by the government to grant the initial right to occupy land.
Governor’s Consent is required when that land is transferred from the original holder to a new owner.
In simple terms:
• Certificate of Occupancy – Confirms the original ownership of land
• Governor’s Consent – Approves the transfer of that land to another person
Both documents are important for securing land ownership in Nigeria.
Role of Lawyers in Obtaining Governor’s Consent
Lawyers often assist property buyers in processing Governor’s Consent. Their responsibilities may include:
• Preparing legal documents
• Filing applications at the land registry
• Following up with government offices
• Ensuring the transaction complies with the law
Using a qualified lawyer helps ensure that the process is handled correctly.
Conclusion
Governor’s Consent is a crucial requirement in property transactions in Nigeria. It represents the government’s approval of the transfer of land ownership from one person to another.
Obtaining this approval helps protect property buyers, ensures that land records are properly updated, and prevents disputes over ownership. Anyone purchasing land or property should ensure that Governor’s Consent is obtained to secure their investment and comply with the law.
Daniel Okoye
