What is the difference between C of O and Governor’s Consent in Ogun State?

What is the difference between C of O and Governor’s Consent?

Introduction

When dealing with land and property in Nigeria, especially in states like Ogun State, understanding the legal instruments and documentation that establish ownership and rights is absolutely critical. Two of the most frequently mentioned terms are Certificate of Occupancy (C of O) and Governor’s Consent (GC). Many property buyers, even seasoned ones, confuse these terms, treat them interchangeably, or overlook the legal distinction between them—and that can lead to serious financial loss, legal disputes, or outright invalidation of property transactions.

In Ogun State, as in other states governed by the Land Use Act of 1978, these instruments serve different purposes, follow distinct processes, and carry different legal weight. Crucially, having one is not the same as having the other; in fact, many subsequent property transactions on land that already has a C of O must go through the process of obtaining Governor’s Consent to be legally valid.

In this article, we will explore:

• The concept, origin, and legal foundation of both C of O and Governor’s Consent

• Their roles in land transactions under Ogun State (and Nigeria generally)

• Key distinctions between them (scope, effect, tenure, issuance)

• The procedure for obtaining each in Ogun State

• Risks, pitfalls, and enforcement issues

• Practical recommendations for buyers, sellers, lawyers, and real estate practitioners

• Frequently asked questions

• A robust conclusion and a call to action for readers to protect themselves when dealing with land

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1. Legal Foundation: The Land Use Act, 1978

1.1 Purpose of the Land Use Act

To understand C of O and Governor’s Consent, one must first understand the Land Use Act of 1978 (often referred to simply as “the Land Use Act”). This Act is the central statute that governs land tenure, allocation, and administration across Nigeria. Among its key features:

• It vests all land in each state in the Governor of that state, to be held in trust for the people.

• It abolishes many facets of customary freehold ownership (in practice) and mandates statutory rights of occupancy under defined conditions.

• It regulates how land can be allocated, transferred, mortgaged, or subleased via statutory provisions (particularly Sections 5, 21, 22, 26, 34).

• It requires that for many land transactions, express consent of the Governor must be obtained, or else such transactions may be null and void.

By virtue of the Land Use Act, the state Governor becomes the de facto “land lord” (in trust) for all lands in that state. This gives the state significant regulatory oversight over land transactions. Stephen Legal+3marinalawchambers.com.ng+3AOL Management Consult+3

1.2 Key Sections Relevant to C of O and Governor’s Consent

Here are some of the most relevant statutory provisions:

Because of these provisions, one cannot fully discuss C of O or Governor’s Consent without referencing them.

2. What Is a Certificate of Occupancy (C of O)?

2.1 Definition and Essence

A Certificate of Occupancy (C of O) is a legal document issued by a state government (through the Governor) that confers on its holder a statutory right of occupancy over a parcel of land for a fixed term (usually 99 years). It acts as the official title certificate under the Land Use Act. Brit Properties+3AOL Management Consult+3Balconies+3

Where land is held under customary tenure or without formal title, a person may apply to the state Governor to grant statutory right and then get a C of O.

In effect, the C of O replaces older customary “ownership” claims (in many contexts) and becomes the legal document that the capitalist economy accepts as proof of title.

2.2 Types of C of O (Actual vs. Deemed Grant)

There are generally two types of C of O:

1. Actual Grant: A fresh grant by the State Government to someone who does not already hold a title. The process begins with application, survey, documentation, etc.

2. Deemed Grant: Where someone already has a customary right of occupancy (i.e. due to traditional or community title) at the time of the Land Use Act, the Act deems that person to have been granted a statutory right of occupancy (with the corresponding rights) even if no formal C of O was initially issued. This is under Section 34 of the Land Use Act. AOL Management Consult+2Balconies+2

Note: A person with a “deemed grant” may later convert it into an actual grant with full issuance of C of O (by formal application and formalization).

2.3 Key Features of a Certificate of Occupancy

• Term: Normally 99 years (though this can vary depending on land use). At the expiration, renewal may be possible, but is not automatically guaranteed. AOL Management Consult+1

• Land Use Conditions: The C of O typically states the permitted use (residential, commercial, agriculture, etc.), and the holder must comply with those conditions.

• Power of Government: The C of O remains subject to government powers like eminent domain (compulsory acquisition) or revocation under statutory grounds (e.g. default, public interest).

• Initial Allottee: Only one C of O is typically issued per parcel and per initial grantee.

• Can’t Be Reissued: Once the initial C of O is issued, subsequent buyers do not receive a new C of O, but must rely on the transfer via Governor’s Consent (discussed next).

• Root Title: The initial C of O acts as the “root of title” for subsequent transactions.

2.4 Role of C of O in Ogun State

In Ogun State (as with many states in Nigeria), when the State Government intends to allocate land (e.g. for housing estates, urban expansion, or resettlement), it often grants C of O documents. Such titles are part of the process of land regularization, registration, and development. Ogun has in recent years been implementing Land Administration & Revenue Management systems (OLARMS) to modernize title registration. The Guardian Nigeria+1

Thus, for virgin land allocation in Ogun, one would expect to obtain a C of O (or have the land already under statutory right of occupancy via the state) before development or construction.

3. What Is Governor’s Consent?

3.1 Definition and Purpose

Governor’s Consent (GC) is the written approval or permission given by the Governor (or his delegated authority) for any alienation, assignment, transfer, sublease, or mortgage of land that has already been granted a statutory right of occupancy (i.e. a property already has a C of O). propertyadvisorynetwork.ng+6Stephen Legal+6Nairaland+6

The idea is that although a C of O confers rights on the holder, those rights are not absolute in the sense that the holder can freely dispose of them without government oversight. The Land Use Act imposes a requirement that any such transaction must first pass through government scrutiny via the Governor’s Consent.

In simpler terms:

• C of O: gives you the right to occupy/use the land

• Governor’s Consent: gives you the right to legally transfer (or change the legal interest in) that land

3.2 Legal Obligation to Obtain Consent

Under Section 22(1) of the Land Use Act:

“It shall be unlawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy … without the consent of the Governor first had and obtained.” marinalawchambers.com.ng+3Stephen Legal+3AOL Management Consult+3

Further, Section 26 provides that any transaction done in violation of the Act (e.g. no required consent) is null and void. Stephen Legal+1

Thus, the consent requirement is not optional or discretionary in every case—it is a statutory mandate.

3.3 Scope: What Transactions Require Governor’s Consent?

Governor’s Consent is required in respect of many forms of dealing with land once a C of O is in place. Some common transactions that typically require GC include:

• Assignment (sale or transfer of whole or part)

• Sublease (leasing out part or whole of the land to another)

• Mortgage or Charge (granting a security interest over the land)

• Partition (dividing the land among co-owners)

• Change of Use (sometimes if re-zoning or change in permitted land use is required)

• Lease surrender or regrant in some contexts

Every time the property changes hands (ownership transfer), the new buyer (assignee) must ensure Governor’s Consent is obtained to regularize the title in his or her name.

3.4 Effects of Governor’s Consent

• Validates the Transaction: When GC is properly obtained, it gives legal effect to the assignment, transfer, or mortgage, making it enforceable in court.

• Maintains continuity of term: The original term (99-year lease, etc.) does not “reset” — the new owner continues with the unexpired portion unless otherwise stipulated. Balconies+3AOL Management Consult+3marinalawchambers.com.ng+3

• Does not grant a fresh 99-year term: Obtaining GC on a transfer does not generate a new lease term; it merely validates that the new owner holds the balance of the original term. AOL Management Consult+1

• Subject to revocation: If consent was fraudulently obtained or the transaction violated statutory requirements, the Governor might revoke the consent (depending on the law and circumstances). The Guardian Nigeria+1

• Multiple Consents: Over time, as property changes hands, multiple consents may be issued (one for each transfer). AOL Management Consult+2Balconies+2

• Recordation: The consent is recorded in land registry records, and a unique consent number is assigned for future reference. Nairaland+2ereporters.com.ng+2

In effect, GC ensures that every change in legal interest is documented and approved by the government, preventing fraudulent or clandestine transfers.

4. Core Differences Between C of O and Governor’s Consent

To highlight clearly the distinction, here is a comparative table followed by deeper discussion:

4.1 Deeper Discussion & Clarification

1. Different stages in land life-cycle

   • C of O is about origination — converting land into a state-recognized, statutory landholding.

   • Governor’s Consent is about continuation — ensuring that any changes to that landholding are legally valid.

2. Resetting the Term
   A common misconception is that obtaining GC gives the transferee a fresh 99 years. That is incorrect. The new owner does not get a new lease period; the original term continues. AOL Management Consult+2marinalawchambers.com.ng+2

3. Issuance of C of O only once
   Once a C of O is granted for a parcel, no new C of O is generally issued for subsequent buyers. Their titles are processed via GC. marinalawchambers.com.ng+3AOL Management Consult+3Balconies+3

4. Root of Title
   The initial C of O acts as the foundational “root” title from which all future assignments derive. GC ensures the chain of title is valid. Without GC, the chain may be broken. Nairaland+3marinalawchambers.com.ng+3Nairaland+3

5. Legal Nullification
   If a person sells a property and the subsequent transfer is done without obtaining GC, that transaction is likely void or unenforceable. The buyer may lose their investment. Nairaland+3Stephen Legal+3marinalawchambers.com.ng+3

6. Practical Differences in Process and Cost
   Processing a brand-new C of O often involves surveys, title searches, approvals, environmental checks, etc. Procuring GC is usually less involved (for that parcel) but still involves document review, fees, etc.

7. Risk and Title Assurance
   Having a C of O without GC does not guarantee that your interest is safe in a resale. Having GC (in addition to C of O) greatly strengthens your title. Many scams target land owners who fail to perfect title with GC. hanuelhomesltd.com+3Brit Properties+3ereporters.com.ng+3

5. The Process of Obtaining C of O and Governor’s Consent in Ogun State

While each state may vary slightly in procedural steps, the general outlines below apply, adapted for Ogun State’s context.

5.1 Procedure for Obtaining a Certificate of Occupancy in Ogun State

Step 1: Application / Submission of Required Documents
An applicant (individual, company, etc.) submits an application to the Ogun State Ministry of Lands / Bureau of Lands, along with required documents, which may include:

• Application form

• Details of the parcel (survey plan, location, boundaries)

• Evidence of payment of fees (application fees, processing fees)

• Tax clearance / evidence of payment

• Community consent / customary consent (if applicable)

• Environmental impact assessment (if required)

• Development plan, if building

• Proof of ownership or title if converting from customary tenure

Step 2: Survey, Valuation, and Title Verification

• The land office will check the survey plan, verify the boundaries, and sometimes re-survey.

• A valuation may be conducted for determining rates, fees, ground rent, etc.

• Title verification ensures there are no conflicting claims, encumbrances, or disputes.

Step 3: Approval and Granting

• The government (Governor or delegated authority) reviews and approves the grant.

• The C of O is prepared, signed, sealed, and issued to the applicant.

• The document typically carries terms and conditions (land use, rent, etc.).

Step 4: Registration and Recordation

• The C of O is recorded in the State Land Registry / title registry.

• The applicant receives certified copies and can begin to use the land under the terms.

Step 5: Take Possession / Develop
With the title in hand, the holder can undertake development (build, lease, etc.), subject to local planning laws and conditions of the C of O.

(Ogun State may have its own internal protocols, timelines, digital systems, or additional steps such as OLARMS integration.)

5.2 Procedure for Obtaining Governor’s Consent in Ogun State

When transferring a property or dealing in a land holding with an existing C of O, the following steps are typical:

Step A: Execution of Deed / Agreement

• The seller (assignor) and buyer (assignee) execute a Deed of Assignment / transfer / sale agreement — specifying the parties, property, purchase price, description, etc.

• All parties sign, witnesses, etc.

• The executed deed becomes the basis for requesting GC.

Step B: Preparation of Consent Application

• The assignee (buyer) or their lawyer prepares the application for Governor’s Consent (often called “Form 1C” or equivalent in many states).

• Attachments to the application may include:

  • Certified true copy of the C of O or title document

  • The original or certified Deed of Assignment

  • Survey plan, site plan

  • Tax clearance / evidence of payment by both parties

  • Payment receipts for consent and other statutory fees

  • Photographs of the site

  • Evidence of payment of ground rent, rates, etc.

  • Community consent or customary owner consent, if applicable

  • Any other state-specific forms required by Ogun State

Step C: Submission and Review

• Application is submitted to the Ogun State Land Bureau / Ministry of Lands / relevant authority.

• The land bureau reviews the documents, verifies title chain, ensures compliance with planning and land use laws, checks for encumbrances or disputes.

• The application may go through internal departments (survey, legal, finance) for vetting.

Step D: Grant of Consent / Signing / Issuance

• Upon approval, the Governor (or delegated representative) signs the consent on the deed or as appendage.

• A Consent Number is assigned for tracking.

• The deed becomes regularized and enforceable.

• The title records are updated to reflect the change of ownership (or change in interest).

Step E: Registration / Record Update

• The deed (with consent) is registered in the Ogun State Land Registry, updating the chain of title.

• Copies are given to parties.

• The new owner may now deal with the land in full legal standing (within constraints of original term).

5.3 Timeline & Fees

• While in theory many states specify a timeline for consent (e.g. 30 days), in practice delays often occur due to bureaucracy, staffing, or internal transfers. In Ogun State, as in many states, delays exceeding several months are not uncommon. The Eagle Online+2The Guardian Nigeria+2

• Fees vary depending on state rates, size of the parcel, valuation, ground rent, administrative costs, and internal surcharges.

• Part of the rationale for insistence on GC is that states use it as a revenue source (consent fees, stamp duties, processing charges). The Eagle Online+2The Guardian Nigeria+2

• In Ogun State, the Land Administration & Revenue Management System (OLARMS) is intended to streamline and digitize registration and title work, potentially reducing delays. The Guardian Nigeria

6. Practical Implications, Risks & Common Issues in Ogun State

Understanding the theoretical difference is crucial, but in practice many pitfalls or traps exist. Below are practical implications, risks, and real-world challenges when dealing with C of O and Governor’s Consent in Ogun State.

6.1 Risks of Skipping Governor’s Consent

One of the most dangerous errors prospective purchasers make is buying land with a C of O from a seller but failing to insist on or process GC. Some consequences:

• The transaction may be declared null and void in court. Stephen Legal+1

• The buyer may have no enforceable legal ownership or title.

• The seller or third parties might later challenge your claim successfully.

• You may not be able to sell, mortgage, or subdivide subsequently without GC.

• Loss of investment if the government or courts invalidate the deal.

As many land speculators depend on buyers’ ignorance of GC, multiple fraudulent or conflicting sales occur. Those who correct titles by obtaining GC later often pay steep costs or lose claims entirely. Nairaland+3Nairaland+3ereporters.com.ng+3

Thus, for any land purchase, insist on simultaneous consent processing, or contractually make it a condition precedent that the seller must assist in GC processing.

6.2 Title Verification and Chain of Title Issues

Even when both C of O and GC exist, problems may emerge from:

• Defective titles: original grants may have been fraudulent, missing documents, multiple claims.

• Missing GC at earlier transfers: a prior owner might have transferred without obtaining GC, thus breaking the chain.

• Encumbrances or liens: mortgages, easements, rights-of-way not disclosed may complicate consent.

• Survey discrepancies: boundaries or parcel descriptions may differ between deed plan and registry plan.

• Family disputes / customary claims: customary owners or heirs may claim interest, particularly for lands in semi-urban or rural fringes.

Thus, due diligence is indispensable: search registry records, examine historical transfers and consents, verify survey plans, check for litigation, verify authentic signatures.

6.3 Delays, Bureaucracy, and Corruption

A frequent complaint among property owners is the delay and inefficiency in title processing and consent issuance. Some reasons:

• Understaffed land offices or state bureaus

• Multiple bureaucratic layers and interdepartmental approvals

• Corrupt practices or informal demands for bribes

• Internal review processes, legal vetting, risk assessment

• Legacy backlog of land records and manual processes

• Ad hoc state policies or changing leadership priorities

These delays can stretch GC processing from a few weeks to many months or more. ereporters.com.ng+3The Eagle Online+3The Guardian Nigeria+3

Some opinions and editorials argue for digitization of consent process, transparency in fee schedules, and institutional reforms to reduce bottlenecks. The Guardian Nigeria

6.4 Revocation and Nullification Risks

• If the Governor’s Consent was procured fraudulently (false documents, misrepresentation), the state may have grounds to revoke the consent. Stephen Legal+3The Guardian Nigeria+3marinalawchambers.com.ng+3

• Similarly, if a C of O was originally granted improperly, subsequently dealings based on it might be challenged.

• Where a transaction is found to violate statutory provisions (e.g. sale without consent), courts may declare it void or unenforceable. Stephen Legal+1

Thus, the integrity of documents and compliance at each stage are critical.

6.5 Practical Limitations in Ogun State Context

• Some rural or fringe lands may still be under customary tenure, complicating title conversion or recognition.

• State infrastructure or capacity (in land registry, surveys, data systems) may not always match demand.

• Disputes over boundaries, adjacency, or encroachments are more common in partially developed areas.

• Sellers may deliberately withhold cooperation in GC processing, or delay consent as negotiation leverage.

6.6 Best Practices / Safeguards for Buyers & Sellers in Ogun State

1. Make GC a condition precedent in the sales agreement — no payment until consent is done.

2. Engage competent real estate lawyers familiar with Ogun State land administration.

3. Search the chain of title — ensure all prior transfers had GC and are properly recorded.

4. Verify survey plan consistency between deeds, registry, and physical boundaries.

5. Insist on certified true copies of title documents, consents, and registry stamps.

6. Monitor the GC process — follow up, check status, demand timelines.

7. Budget for delays and extra costs — time overruns or additional document requirements are common.

8. Use digital platforms where available in Ogun (e.g. OLARMS) to track status and reduce face-to-face delays.

9. Insert indemnity clauses — seller indemnifies buyer against loss if consent is invalidated.

10. Retain documentation — receipts, correspondence, consent number, registry acknowledgments.

By applying these safeguards, one can reduce the risk of investing in land with faulty title or invalid transfer.

7. Frequently Asked Questions (FAQs)

Below are commonly asked questions relating to C of O and Governor’s Consent, especially in the context of Ogun State or similar jurisdictions.

Q1: Can I sell land with a C of O without obtaining Governor’s Consent?

Short Answer: No. Under Section 22(1) of the Land Use Act, it is unlawful to alienate or transfer a right of occupancy without first obtaining consent from the Governor. If you do so, the transaction may be null and void. Stephen Legal+2Nairaland+2

Q2: Does obtaining Governor’s Consent give me a fresh 99-year lease?

No. The new owner continues with the unexpired portion of the existing lease term. GC validates the transaction but does not reset the lease period. AOL Management Consult+2marinalawchambers.com.ng+2

Q3: How many times can Governor’s Consent be obtained for the same property?

As many times as the property changes hands (i.e. every time there is a transfer, each new owner must obtain consent). AOL Management Consult+2Balconies+2

Q4: If a transaction lacked GC in the past, can it be regularized later?

Yes, in many cases the parties can apply retroactively for consent (subject to state laws and guidelines). However, depending on how long ago, complications such as disputes, missing documents, or intervening claims may make it difficult or expensive. Courts may accept retrospective consent, but success depends on full compliance and absence of fraud.

Q5: Does Governor’s Consent expire?

No (in the sense of needing renewal). Once a consent is granted and properly recorded, it remains valid unless revoked on grounds such as fraud, misrepresentation, or statutory non-compliance.

Q6: Can the Governor refuse consent arbitrarily?

The Governor or delegated authority has statutory discretion, but that discretion is expected to be exercised in accordance with law, fairness, and public interest. Unreasonable or capricious refusal may be challengeable in court (though this is often complex). The state must not act arbitrarily in denying valid consent applications.

Q7: What happens at the expiration of the lease (after 99 years)?

When the initial lease term expires, the state may renew the lease for another term (commonly 99 years), require renegotiation, or refuse renewal (depending on state policy). There is no guarantee of automatic renewal. AOL Management Consult+2marinalawchambers.com.ng+2

Q8: Are there transactions exempted from needing Governor’s Consent?

Some limited transfers or internal family transfers may have special rules depending on state law or customary exceptions. Also, internal changes such as releases or reconveyances where prior consent exists may be exempted. But as a safe default, always assume GC is needed unless law or regulation specifically waives it.

Q9: What is the difference between a “Global C of O” and individual C of O?

In many housing estates or large allocated schemes, the developer may obtain a Global C of O (covering the entire estate parcel) and then subdivide internally. The developer then deals with sub‑plots via deed of assignment and GC to individual buyers, rather than issuing multiple individual fresh C of O. This is a common structure to streamline allocation. In this model, individual buyers rarely obtain new C of O; they rely on GC from the developer to themselves.

Q10: Can a court-ordered sale (judicial sale) dispense with Governor’s Consent?

Some provisions of the Land Use Act and court interpretations suggest that a sale under court order (e.g. execution sale) may not require consent in some circumstances. However, caution is needed, and legal advice must be obtained. marinalawchambers.com.ng+1

8. Conclusion

In Ogun State (and Nigeria generally), Certificate of Occupancy (C of O) and Governor’s Consent (GC) are complementary but distinct legal concepts. While C of O confers the statutory right of occupancy to the initial grantee, Governor’s Consent is required to validate any subsequent transaction over that land. Failing to follow the statutory requirement for consent can render a transaction void, expose buyers to loss, and weaken your chain of title.

Given the complexities, bureaucratic challenges, and serious stakes involved in land transactions, treating C of O alone as sufficient is a dangerous mistake. If you are buying land in Ogun State—or anywhere in Nigeria—insist on both proper title and validated consent.

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