Why Is Governors Consent Compulsory When Buying Property in Lekki
Introduction
Lekki, Lagos, has become Nigeria’s premier real estate hub — a thriving district of luxury estates, waterfront properties, and high-value commercial developments. Its rapid urbanization and infrastructural growth have made it the most sought-after location for investors, homeowners, and developers. However, while Lekki presents incredible opportunities, it also poses significant legal risks for uninformed buyers.
One of the most misunderstood but absolutely compulsory legal requirements when purchasing land or property in Lekki is obtaining the Governor’s Consent. Many property buyers mistakenly assume that having a Deed of Assignment, Survey Plan, or even a Certificate of Occupancy (C of O) is enough to secure ownership. Yet, under Nigerian property law — specifically the Land Use Act of 1978 — no land transaction in Lagos (including Lekki) is valid without the Governor’s approval.
This article provides a comprehensive explanation of why Governor’s Consent is mandatory when buying property in Lekki, the legal implications of not obtaining it, the process of securing it, and how it safeguards your ownership rights. Whether you are an investor, developer, or first-time buyer, understanding this legal requirement is essential to protect your investment and avoid costly mistakes.
The Legal Foundation: The Land Use Act of 1978
The foundation of land ownership and transfer in Nigeria rests on the Land Use Act (1978). This law vests all land in each state in the hands of the Governor, who holds it in trust for the citizens. This means that no private individual, family, or company can claim absolute ownership of land without the Governor’s authorization.
Under Section 22 of the Land Use Act, it is clearly stated that:
“It 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.”
In other words, even if someone owns land through a Certificate of Occupancy (C of O), that person cannot sell, transfer, or assign that land to another person without Governor’s Consent. Any sale done without it is illegal, null, and void in the eyes of the law.
This provision ensures that the government keeps track of all land transactions and maintains an official record of ownership changes across the state.
What Exactly Is Governor’s Consent?
The Governor’s Consent is the official approval granted by the Governor of Lagos State for any transfer of ownership of land that already has a Certificate of Occupancy.
It is not the same as a C of O. The C of O is the first title issued by the government to recognize initial ownership of a parcel of land. Once that land is sold to someone else, the new buyer must obtain Governor’s Consent to make the transaction legally binding and recognized by the government.
Essentially, the Governor’s Consent is the legal bridge between one owner and the next. It validates the new buyer’s ownership in the eyes of the law.
Why Governor’s Consent Is Compulsory in Lekki
Lekki’s property market is extremely active, with thousands of land transactions occurring monthly. Because of its high commercial and residential value, the government closely monitors every transfer of ownership within this area.
Governor’s Consent is compulsory in Lekki for the following reasons:
Legal Validation of Ownership: It makes your transaction legally binding under Nigerian law.
Government Recognition: Your name is officially recorded in the Lagos State Land Registry as the new owner.
Protection from Multiple Sales: It prevents the same property from being sold to multiple buyers, as the registered consent provides traceable ownership.
Prevention of Land Disputes: It resolves the risk of conflicting claims or fraudulent land transfers.
Requirement for Title Perfection: Without consent, you cannot register your Deed of Assignment or perfect your title.
Eligibility for Mortgages or Resale: Banks and financial institutions will not accept a property without Governor’s Consent as collateral for loans.
Compliance with Lagos Land Laws: It is a mandatory legal step under Section 22 of the Land Use Act.
The Chain of Land Ownership and the Role of Governor’s Consent
To understand the importance of Governor’s Consent, consider this simple chain of land ownership:
The Governor of Lagos State grants a Certificate of Occupancy (C of O) to Person A.
Person A decides to sell the property to Person B.
Person B must obtain the Governor’s Consent before the ownership transfer becomes legally recognized.
If Person B later sells to Person C, Person C must again obtain the Governor’s Consent.
Each time the land changes hands, consent from the Governor must be obtained. Without it, the new owner’s interest is incomplete and cannot be enforced in court or recognized by financial institutions.
The Legal Consequences of Not Obtaining Governor’s Consent
Failing to obtain Governor’s Consent when buying property in Lekki can lead to serious legal and financial repercussions. These include:
Invalid Ownership: The sale transaction becomes null and void under Section 26 of the Land Use Act.
Risk of Revocation: The government can revoke the land since the transaction is illegal.
Inability to Resell or Transfer: You cannot legally transfer ownership to another buyer.
Disqualification for Loans: Banks reject properties without Governor’s Consent as collateral.
Potential Litigation: The original owner or third parties may dispute ownership, leading to expensive court battles.
Loss of Investment: You may lose your money entirely if the property is later declared invalid.
Governor’s Consent in Relation to Other Land Documents
Many buyers confuse Governor’s Consent with other property documents such as the C of O, Gazette, and Deed of Assignment. Understanding the difference is critical:
| Document | Purpose | When It Is Used |
|---|---|---|
| Certificate of Occupancy (C of O) | Grants the first legal ownership of land from the state to an individual or company. | When acquiring land directly from the government. |
| Governor’s Consent | Approves the transfer of an already titled property (with C of O) to a new buyer. | When buying from a private owner or developer. |
| Deed of Assignment | Documents the transfer of ownership between buyer and seller. | During every property sale or assignment. |
| Gazette | Recognizes excised land released to indigenous communities. | For verifying family or community lands. |
Governor’s Consent is the document that legalizes all subsequent transfers after the first C of O has been issued.
The Process of Obtaining Governor’s Consent in Lagos State
The process of obtaining Governor’s Consent in Lagos involves several legal and administrative steps managed by the Lands Bureau, Alausa-Ikeja. A professional property lawyer handles these stages to avoid mistakes and delays.
Step 1: Prepare and Execute a Deed of Assignment
After paying for the property, the buyer and seller must sign a Deed of Assignment. This document is drafted by a property lawyer and must include the property’s description, parties’ details, purchase price, and date of transfer.
Step 2: Apply for Governor’s Consent
The buyer’s lawyer submits an application to the Director of Lands Services, Lagos State Lands Bureau.
Step 3: Verification of Title and Ownership
Government officials confirm the authenticity of the seller’s title and verify that the property is not under acquisition or litigation.
Step 4: Charting at the Office of the Surveyor General
The survey plan is charted to ensure it falls within a free zone and does not overlap with another property.
Step 5: Assessment and Demand Notice
The Lands Bureau issues an assessment bill for statutory fees such as consent fees, capital gains tax, stamp duty, and registration fees.
Step 6: Payment of Fees
The applicant makes payment via approved banks or online channels and obtains receipts.
Step 7: Legal Drafting and Approval
The Lands Bureau prepares the official Governor’s Consent document for the Governor’s signature.
Step 8: Registration at the Land Registry
The final document is stamped and registered at the Land Registry, completing the ownership transfer process.
Duration for Processing Governor’s Consent
Although the official estimate for processing Governor’s Consent in Lagos is 30 to 60 working days, the actual duration can vary between three to six months, depending on document completeness, administrative workload, and verification time.
Experienced lawyers help reduce delays by ensuring all documentation is correct before submission.
Fees and Costs Associated with Governor’s Consent
The cost of processing Governor’s Consent in Lekki depends on the value of the property. The fees include:
Consent Fee: 1.5% of property value.
Stamp Duty: 0.75% of property value.
Registration Fee: 0.5% of property value.
Capital Gains Tax: 10% of profit (paid by seller).
Other minor administrative charges may also apply.
Why Lekki Buyers Must Pay Special Attention
Lekki’s property market is particularly vulnerable to land scams, fake documents, and multiple ownership claims. Because many developers and estate owners resell lands with existing titles, it is crucial to ensure each transfer is legally perfected through Governor’s Consent.
This step is what separates a secure property from a disputed one. Skipping it, even unintentionally, could make you a victim of real estate fraud.
Governor’s Consent and Title Perfection
Governor’s Consent is the second step in the process of title perfection — the legal process of making your ownership valid and enforceable under Lagos law.
The three stages of title perfection are:
Governor’s Consent – Legal approval for transfer.
Stamp Duties Payment – Government revenue acknowledgment.
Registration at Land Registry – Entry into public records.
Without completing these stages, your title remains unperfected, which weakens your ownership rights.
How Governor’s Consent Protects Property Owners
Prevents Double Sales: Once consent is registered, no one can legally resell your land.
Provides Legal Security: Your name appears in the government registry as the legitimate owner.
Facilitates Development: You can apply for building approval and utility connections.
Improves Property Value: Land with perfected title attracts higher resale prices.
Enables Mortgages and Loans: Financial institutions recognize consent as proof of ownership.
Governor’s Consent is your strongest legal shield against fraud, encroachment, and future disputes.
Common Mistakes Buyers Make Regarding Governor’s Consent
Assuming it’s optional – Many buyers wrongly think having a C of O or Deed of Assignment is enough.
Relying on developers’ promises – Some developers assure buyers that they will “process consent later,” which often never happens.
Ignoring legal advice – Buyers who avoid consulting lawyers often end up with invalid documents.
Using unregistered agents or middlemen – Touts exploit buyers unfamiliar with the law.
Delaying application – Consent should be applied for immediately after purchase, not years later.
How Lawyers Simplify the Process
Professional property lawyers handle:
Document drafting and verification.
File submission at the Lands Bureau.
Payment and receipt collection.
File tracking and follow-up.
Registration and collection of approved consent.
They ensure accuracy, transparency, and timely processing.
Real-Life Example
Imagine Mr. John buys land in Lekki from a seller who has a C of O but fails to process Governor’s Consent. Years later, he discovers that the same seller resold the property to someone else and that person obtained Governor’s Consent.
Legally, the second buyer now has the valid title, while Mr. John’s transaction is void. Despite paying in full, he loses ownership because he didn’t perfect his title.
This is why Governor’s Consent is not optional — it is your legal insurance.
How to Verify a Genuine Governor’s Consent
To confirm authenticity, check:
Lagos State Land Registry records.
Reference number and date of consent.
Official signature of the Governor.
Lands Bureau watermark and embossed seal.
A lawyer can request a Certified True Copy (CTC) from the registry for verification.
Governor’s Consent vs. Power of Attorney
While a Power of Attorney allows temporary authority to act on behalf of the owner, it does not transfer ownership. Only Governor’s Consent legally validates ownership transfer. Many buyers mistakenly rely on Power of Attorney alone — a major legal error.
Modern Reforms: Lagos State’s Digitalization of Consent
The Lagos State Government has introduced the electronic Governor’s Consent (e-Consent) system to speed up approval and reduce fraud. Applicants can now track applications online and receive notifications once the process is completed.
This digital shift aims to reduce processing time from months to weeks and make property transactions in Lekki more transparent.
Diaspora Investors and Governor’s Consent
Nigerians in the diaspora who buy properties in Lekki must ensure their transactions are legally perfected. They can:
Appoint a law firm via Power of Attorney to handle the consent process.
Conduct virtual verification and documentation.
Receive digital copies of registered documents.
At Chaman Law Firm, this process is handled seamlessly for international clients investing in Nigeria.
The Role of the Lagos State Lands Bureau
The Lands Bureau, Alausa, is responsible for processing Governor’s Consent, land documentation, and registration. It operates through several departments — Legal, Survey, and Land Services — ensuring proper scrutiny before approval.
All legitimate consent applications in Lekki must pass through this bureau.
Myths About Governor’s Consent
Myth: “If I have a Deed of Assignment, I don’t need consent.”
Truth: The Deed is incomplete without the Governor’s approval.Myth: “It’s only for expensive properties.”
Truth: It’s required for every titled land transaction.Myth: “Consent can be skipped if both parties agree.”
Truth: No private agreement overrides the Land Use Act.
Cost vs. Value: Why It’s Worth Every Kobo
Though obtaining Governor’s Consent can be costly and time-consuming, the value far outweighs the cost. It provides legal certainty and eliminates future financial loss. Losing an investment due to lack of consent is far more expensive than the processing fee.
Expert Tips for Lekki Property Buyers
Always hire a property lawyer.
Verify the seller’s title documents at the Lagos State Land Registry.
Never pay in full until legal verification is complete.
Apply for consent immediately after the sale.
Keep all receipts, survey plans, and deeds safely stored.
How Governor’s Consent Supports Sustainable Real Estate Development
By mandating Governor’s Consent, the government maintains an organized property database, enabling better urban planning, property taxation, and infrastructure development. It ensures that all property owners contribute fairly to the state’s economic growth.
The Future of Property Transactions in Lekki
With ongoing land reforms and digital innovations, Lagos State aims to make title perfection — including Governor’s Consent — faster, more efficient, and fraud-proof. Future buyers will likely enjoy an entirely digital process with less bureaucracy and greater transparency.
Conclusion
Buying property in Lekki is one of the most rewarding investments you can make — but only when done legally. The Governor’s Consent is not a bureaucratic formality; it is the heart of lawful property ownership in Lagos.
Without it, your investment remains vulnerable, unrecognized, and unenforceable. With it, you gain full legal protection, resale rights, and peace of mind.
At Chaman Law Firm, we specialize in property verification, documentation, Governor’s Consent processing, and title perfection for individuals, investors, and developers. Our goal is to ensure that every property transaction you make in Lekki is 100% legally secure.
Call to Action
Are you buying property in Lekki?
Don’t take chances — let us handle your Governor’s Consent professionally and swiftly.
📞 0806 555 3671, 08096888818, 08024200080
📍 Chaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
👉 Book a consultation now: www.chamanlawfirm.com/book-consultation
Chaman Law Firm – Your Right, We Protect.