Process for Obtaining Governor Consent for Land Transactions in Nigeria
Introduction
Land transactions in Nigeria are governed by various legal and administrative procedures to ensure legitimacy and protect ownership rights. One of the most critical requirements in land transactions is obtaining the Governor’s Consent, which is a legal approval granted by the state government for the transfer of land ownership from one party to another. The Land Use Act of 1978 vests all land in each state under the control of the Governor, making this consent mandatory for subsequent transactions involving land.
For individuals, businesses, and investors looking to buy or sell land in Nigeria, understanding the process of obtaining Governor’s Consent is crucial. Without it, land transactions may be deemed invalid, and property rights may not be fully enforceable.
This article provides an in-depth guide on the process, legal framework, requirements, benefits, challenges, and practical solutions for obtaining Governor’s Consent in Nigeria.
Legal Framework Governing Governor’s Consent in Nigeria
The requirement for Governor’s Consent is derived from the Land Use Act of 1978, which remains the principal law regulating land ownership and transactions in Nigeria. Key provisions include:
1. The Land Use Act (1978)
- Section 1: Vests all land in each state under the control of the Governor.
- Section 22: Requires that the Governor’s Consent must be obtained before any assignment, mortgage, lease, or transfer of land rights.
- Section 26: Declares that any contrary transaction without the Governor’s Consent shall be null and void.
2. The Nigerian Constitution (1999, as Amended)
The Constitution of the Federal Republic of Nigeria upholds the authority of the Land Use Act, making its provisions legally binding.
3. State Land Regulations
Each state in Nigeria has specific regulations governing land transactions and the process of obtaining Governor’s Consent. Lagos, Abuja, Ogun, Rivers, and Enugu are some of the states with streamlined procedures.
Why is Governor’s Consent Necessary?
Obtaining Governor’s Consent is crucial for several reasons:
- Legal Validity – Ensures that the land transaction complies with the law and is legally binding.
- Title Perfection – It is a critical step in the perfection of land title, which includes stamping and registration.
- Avoidance of Land Disputes – Protects against fraudulent sales, multiple claims, or illegal transfers.
- Property Value Enhancement – A land title with Governor’s Consent is more valuable, marketable, and attractive to investors.
- Mortgage and Financing Eligibility – Financial institutions require Governor’s Consent before accepting land as collateral for loans.
- Protection Against Government Revocation – Properties without proper consent can be repossessed by the government.
Step-by-Step Process for Obtaining Governor’s Consent in Nigeria
Obtaining Governor’s Consent requires following a structured application process and submitting necessary documentation. Below is a breakdown of the procedure:
Step 1: Conduct Due Diligence and Verify Ownership
Before initiating a land transaction, the buyer should conduct proper due diligence to:
- Verify the authenticity of the land title (Certificate of Occupancy, Deed of Assignment, or Gazette).
- Ensure the land is not under government acquisition.
- Confirm that there are no existing legal encumbrances or disputes.
How to Conduct a Title Search?
- Visit the State Land Registry to confirm ownership details.
- Obtain a Certified True Copy (CTC) of the existing title document.
- Engage a real estate lawyer to review and authenticate documents.
Step 2: Prepare and Execute a Deed of Assignment
A Deed of Assignment is a legal document that transfers ownership of land from the seller (assignor) to the buyer (assignee).
- This document should be drafted and reviewed by a real estate lawyer.
- The parties involved must sign and notarize the deed.
Step 3: Obtain a Governor’s Consent Application Form
The buyer must obtain the Governor’s Consent Application Form from:
- The State Ministry of Lands or its equivalent agency.
- The Land Bureau (For states like Lagos, Abuja, Ogun, and Rivers).
Step 4: Submission of Required Documents
The following documents are required for processing Governor’s Consent:
- Cover Letter – Addressed to the Governor or the Director of Lands.
- Duly Completed Application Form – Obtained from the Land Bureau or Ministry of Lands.
- Deed of Assignment – Duly signed and stamped.
- Certificate of Occupancy (C of O) – Original or Certified True Copy (CTC).
- Title Search Report – Conducted by the Land Registry.
- Land Survey Plan – Prepared by a registered surveyor.
- Tax Clearance Certificate – Evidence of payment of required taxes.
- Passport Photographs – Recent photographs of both parties.
- Means of Identification – Valid ID of buyer and seller (National ID, Passport, or Driver’s License).
- Receipt of Stamp Duty Payment – Issued by the Federal Inland Revenue Service (FIRS).
- Processing Fees Payment Receipt – Proof of payment of consent fees, charting fees, endorsement fees, and registration fees.
Step 5: Payment of Required Fees
Upon submission of documents, the applicant must pay the necessary fees, which may include:
- Consent Fee (3-5% of Property Value).
- Capital Gains Tax (1% of Property Value).
- Stamp Duty (1.5% of Property Value).
- Registration Fee (varies by state, typically 0.5 – 1% of property value).
Step 6: Processing and Verification by the Lands Bureau
- The Land Registry verifies the submitted documents.
- The application is forwarded for processing at the Governor’s Office.
- A Surveyor-General may inspect the land to ensure accuracy.
Step 7: Governor’s Approval and Issuance of Consent
Once the Governor is satisfied with the application, approval is granted, and a Governor’s Consent document is issued.
Step 8: Registration of the Governor’s Consent
The final step is to register the Governor’s Consent at the State Land Registry to complete the title perfection process.
- The buyer’s name is updated in the Land Registry records.
- The Deed of Assignment is stamped and registered as an official land document.
Challenges in Obtaining Governor’s Consent
Despite its importance, the Governor’s Consent process is often delayed by:
- Bureaucratic Delays – Processing can take several months or even years.
- High Cost of Consent Fees – Fees can be expensive, discouraging land transactions.
- Corruption and Unofficial Charges – Some officials demand bribes to expedite processing.
- Incomplete Documentation – Missing or incorrect documents cause application rejections.
- Discrepancies in Land Records – Conflicting records can stall approvals.
Practical Solutions to Avoid Delays
- Engage a Real Estate Lawyer – To handle paperwork and ensure compliance.
- Start Early – Begin the process immediately after purchase.
- Ensure Complete Documentation – Verify that all required documents are properly prepared.
- Follow Up Regularly – Maintain contact with the Lands Bureau for updates.
- Avoid Third-Party Agents – Work directly with legal professionals and government offices.
Conclusion
Obtaining Governor’s Consent is a crucial step in land transactions in Nigeria, ensuring that ownership transfers are valid, legal, and enforceable. By following the correct procedures, engaging qualified professionals, and avoiding common pitfalls, individuals and businesses can secure their land investments and prevent disputes.
Contact Us
At Chaman Law Firm, we specialize in land transactions, Governor’s Consent applications, and real estate legal advisory. Contact us today for expert guidance on securing your land documents.
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
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