What is the Difference Between Excision, Gazette, C of O, and Governor’s Consent in Lekki Properties?
Introduction
Lekki has become one of the most talked-about real estate destinations in Nigeria. Its landscape has evolved from a swampy suburb into a glittering corridor of residential estates, industrial parks, and investment properties. From Chevron Drive to Ibeju-Lekki, the region hosts some of the most valuable plots in Lagos State. Yet, behind every gleaming billboard and estate gate lies a complex legal reality: the true status of the land’s title.
For anyone intending to buy or invest in property in Lekki, understanding the difference between Excision, Gazette, Certificate of Occupancy (C of O), and Governor’s Consent is not optional — it is the foundation of safe and legitimate land ownership. Many investors lose millions because they purchase land with incomplete or fraudulent titles, while others face demolition or revocation because they did not verify the land’s legal standing.
This article provides a deeply detailed and practical explanation of each of these land title types, their relationships under Nigerian property law, and what every buyer must know before signing an agreement in Lekki. It also includes a real-life case study and a comprehensive FAQ section to make the topic crystal clear for every reader.
Understanding Land Ownership in Lagos
The starting point for understanding Excision, Gazette, C of O, and Governor’s Consent is the Land Use Act of 1978, which revolutionized land ownership in Nigeria. Before 1978, families and communities across Lagos and other states owned land under customary law. These families could sell or lease land at will, and ownership was based on ancestral possession. However, the Land Use Act vested all land in each state in the hands of the Governor, who now holds it in trust for the people.
This means no one owns land outright anymore. Every individual or company merely holds a Right of Occupancy, which must be approved or ratified by the state government. The Governor, through the Ministry of Lands, has authority to allocate land, release land from acquisition, issue Certificates of Occupancy, and grant consent to transactions.
In practice, this framework was designed to standardize land management and reduce disputes, but it also created a layered and technical process that can easily confuse property buyers. To navigate Lekki’s real estate landscape safely, one must understand how land transitions from communal ownership to government release and finally to individual ownership recognized by law.
What is an Excision in Lagos (and Why It Matters in Lekki)
Excision is the first step in transforming ancestral or communal land into legally recognized private property. When the Land Use Act came into force, every parcel of land automatically became government-owned. Many indigenous families, however, were already living on their land long before the law was enacted. To compensate them, the Lagos State Government allows communities to apply for an Excision, which is essentially a formal release of a specific portion of land back to them.
Excision is not automatic. The community or family must apply to the state government through the Lands Bureau, providing evidence of traditional ownership, historical settlement, and a survey plan showing the boundaries of the land requested. After reviewing and verifying the claims, the government may approve and “excise” a defined area from its general acquisition.
Once the excision is granted, that portion of land becomes free from government acquisition. The family or community can then sell or transfer it to individuals or developers. However, until the excision is officially approved and published, the land remains under government control. A common but dangerous phrase used by many sellers in Lekki is “excision in progress.” This phrase simply means that an application has been submitted but not yet approved — therefore, such land is still under acquisition and not safe for purchase.
In short, Excision is the legal process through which the government acknowledges and restores land rights to a community. It is the first legal recognition that a land is free and can now be developed or sold.
What is a Gazette?
A Gazette is the official government publication that records all lands that have been excised and released to their original landowning families. It is the proof that the excision has been granted and approved by the government. Without being published in a Gazette, an excision remains incomplete.
The Gazette serves as the final confirmation of excision. It includes vital information such as the name of the village or family, the total area excised, the coordinates of the land, and the date of approval. It also includes the survey plan references and sometimes the purpose for which the excision was granted.
When a Gazette is published, the listed land officially becomes freehold land — meaning the owners can develop, sell, or apply for a Certificate of Occupancy. Any land not listed in the Gazette remains under government acquisition, even if the family claims it has been excised.
For example, if the government releases 250 hectares to the Abijo community, that release will appear in the Lagos State Official Gazette as “Abijo Village Excision, 250 hectares, approved under Survey Plan No. XYZ/2022.” Once this is published, buyers can safely acquire plots within those coordinates because they are now government-recognized.
In Lagos real estate practice, a Gazette is one of the most powerful verification tools. It is often used by surveyors and lawyers to confirm whether a piece of land is safe to buy. If a seller claims that land has been excised, the buyer’s lawyer should always confirm that it appears in a valid Gazette.
Certificate of Occupancy (C of O)
A Certificate of Occupancy, commonly called a C of O, is the official document issued by the Governor of Lagos State that grants a person or company the right to occupy and use a parcel of land for a period of 99 years. It is the most recognized form of land title in Nigeria.
When you buy land directly from the Lagos State Government (for example, in government schemes like Lekki Phase 1 or Magodo GRA), the government gives you a C of O as the first evidence of your legal ownership. But if you buy land from a family, community, or developer who already owns land, you will later apply for the Governor’s Consent after your purchase.
A C of O carries several critical details, including the landowner’s name, the property’s size, the plot number, the file reference, and the annual ground rent payable. It also contains the Governor’s signature and seal, making it the ultimate legal confirmation that the state recognizes you as the lawful holder of the property.
In Lekki, lands with valid Certificates of Occupancy are often more expensive because they have been perfected and carry lower risk. Buyers can easily verify them at the Lagos State Land Registry to confirm authenticity. However, it is important to note that a C of O does not mean absolute ownership forever — it grants a 99-year leasehold interest that can be renewed when it expires.
Governor’s Consent
Governor’s Consent is one of the most misunderstood but crucial aspects of land transactions in Lagos. After a property has been granted a Certificate of Occupancy, the Land Use Act requires that any subsequent sale or transfer of that property must receive the Governor’s approval. This approval is known as Governor’s Consent.
In practical terms, if a developer obtains a C of O for an estate in Lekki and later sells individual plots to buyers, each buyer must apply for the Governor’s Consent to validate the transfer. Without this consent, the sale remains incomplete under law.
Section 22 of the Land Use Act states 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.”
Governor’s Consent essentially renews the government’s awareness of the new owner. It updates the state record to reflect that the land has changed hands. When this process is completed, the new buyer’s name is entered into the Lagos Land Registry as the current owner.
In Lekki, many buyers fail to obtain Governor’s Consent after purchase, leaving their ownership technically incomplete. This omission can cause serious legal issues if the property is later resold, used for collateral, or involved in disputes. Every property buyer should ensure that once a transaction is concluded, the process of obtaining Governor’s Consent begins immediately.
How These Titles Relate
The four land title stages — Excision, Gazette, Certificate of Occupancy, and Governor’s Consent — represent a continuous hierarchy in the evolution of land ownership.
Land begins under general government acquisition. Through excision, a portion of that land is released to a community. When the government publishes that release in a Gazette, the excision becomes official. From there, individuals or companies can apply for a Certificate of Occupancy to convert community land into legally recognized private ownership. Later, whenever that property is sold or transferred, the buyer must obtain Governor’s Consent to perfect the title.
Each stage builds upon the previous one. Buying land without understanding which stage it currently falls under can expose you to severe financial and legal risks. A buyer must know whether the land is under excision, gazetted, titled with a C of O, or already requires Governor’s Consent.
Why It Matters for Lekki Properties
Lekki is a unique real estate zone because it contains a mix of government-acquired areas, excised villages, gazetted communities, and fully titled estates. Many new estates in Ibeju-Lekki and Sangotedo are marketed as “Excision in Process” or “Gazette Land,” while premium developments in Chevron, Ikate, and Lekki Phase 1 are covered by C of O or Governor’s Consent.
Investors must realize that the safety, security, and value of their investment depend on the title type. Lands with excision or Gazette titles are safer than those “in process,” but they still require further perfection before full legal ownership is established. C of O lands command the highest credibility, while Governor’s Consent properties represent the final, most secure form of land transfer.
Understanding these distinctions helps buyers avoid fraudulent deals and ensures they invest in properties recognized by the government.
Case Study: The Lekki Land Dilemma
Consider the experience of Mr. and Mrs. Okafor, a young couple living abroad who decided to invest in land in Lekki. Through an agent, they were introduced to a family in Ibeju-Lekki that claimed ownership of a large parcel of land. The family representatives said the land was “under excision in progress,” assuring them that approval was coming soon. The couple paid ₦20 million for two plots and began fencing the land.
A few months later, officials from the Lagos State Ministry of Physical Planning arrived and marked the property for demolition. It turned out that the land was within the government acquisition zone, earmarked for the Lekki Free Trade Zone expansion. The family had applied for excision but never received approval or publication in the Gazette. The Okafors lost both the land and their investment.
After legal consultation, they learned the difference between excision, Gazette, and C of O. They later bought another property in Sangotedo with a published Gazette, applied for a C of O, and perfected the title. This time, their investment was legally protected.
This case demonstrates the importance of verifying titles before purchase. Any claim of “excision in progress” or “awaiting Gazette” should be treated as a red flag until official confirmation is obtained.
Legal Implications of Each Title
Each title carries different legal weight. Excision represents preliminary freedom from acquisition, but it does not by itself confer full ownership to individuals. Gazette is proof of that freedom — it serves as the legal publication that confirms the excision’s approval. A Certificate of Occupancy establishes the first layer of personal ownership, and Governor’s Consent completes ownership transfer when the property changes hands.
Owning land without these approvals puts you in legal jeopardy. A property sold under excision in progress can be revoked, demolished, or reassigned by the government at any time. A property with a Gazette or C of O enjoys higher legal protection and better market value. In the event of litigation, courts rely heavily on registered and perfected documents to determine ownership rights.
How to Verify Land Titles in Lekki
Before buying property in Lekki, always conduct a thorough search at the Lagos State Land Registry, Alausa-Ikeja. You or your lawyer should obtain a Land Information Certificate and a Charting Report from the Office of the Surveyor General. These documents reveal whether the land falls within a free zone, excised area, or government acquisition.
Professional property lawyers also perform background checks at the Lands Bureau to confirm if a Gazette or C of O is genuine. They may request a Certified True Copy (CTC) from the registry to verify authenticity. Additionally, the Lagos State Geographic Information System (LAGIS) portal provides digital verification tools for title confirmation.
Never rely solely on the seller’s word or photocopies. Always verify through government records.
Modern Trends in Title Perfection
In recent years, Lagos State has digitized parts of its land administration system to make processing and verification faster. Applicants can now submit forms online for C of O, Governor’s Consent, or Land Information. The state also plans to introduce electronic versions of title documents with QR codes for instant validation.
This modernization helps reduce fraud and makes it easier for investors, especially those in the diaspora, to confirm titles without being physically present. Reputable law firms such as Chaman Law Firm assist clients throughout this process, ensuring legal compliance and transparent communication with government agencies.
Financial Implications and Fees
Each title type involves different fees. For Excision and Gazette, the main costs are survey preparation, application, and administrative charges. For a Certificate of Occupancy, fees include ground rent, application costs, and legal documentation. Governor’s Consent attracts percentage-based charges such as 1.5% consent fee, 0.75% stamp duty, and 0.5% registration fee of the property’s assessed value.
Though the costs may seem high, they provide invaluable protection. Losing millions to land fraud is far costlier than processing proper documentation.
How Lawyers Simplify the Process
Property lawyers play a central role in the title perfection process. They draft and review documents, conduct searches, interpret survey coordinates, pay statutory fees, and submit applications to the Lands Bureau. A lawyer also ensures that all deeds — such as Deed of Assignment or Power of Attorney — comply with the Land Use Act and Lagos State Land Registration Law.
With professional guidance, property buyers can avoid common pitfalls and complete registration faster. Chaman Law Firm, for example, provides end-to-end assistance — from verification and drafting to title perfection and Governor’s Consent approval.
Frequently Asked Questions (FAQ)
What is the difference between Excision and Gazette?
Excision is the process through which the government releases land to its original owners, while a Gazette is the official publication confirming that release. Without publication, excision remains incomplete.
Can a land with Gazette have a Certificate of Occupancy?
Yes. Once a land has been gazetted, the owner or developer can apply for a C of O to formalize private ownership recognized by the government.
Is a C of O better than a Gazette?
They serve different purposes. A Gazette recognizes community ownership, while a C of O recognizes individual ownership. For investment, a C of O generally carries more weight.
Can I buy land under excision in progress?
It is highly risky. Until excision is officially approved and published in a Gazette, the land remains under government acquisition and can be revoked at any time.
What happens if I buy land without Governor’s Consent?
The sale is incomplete under law. The property cannot be legally transferred to your name, and you may face challenges proving ownership.
How long does it take to process Governor’s Consent?
Typically between three to six months, depending on document completeness and government workload.
Does Governor’s Consent expire?
No, but it applies to the existing C of O. When the 99-year term of the C of O expires, renewal will be required.
How can I verify if a Gazette is genuine?
You can confirm the Gazette number and date at the Lagos State Ministry of Lands or request a Certified True Copy.
Which title should I prioritize when buying land in Lekki?
The safest titles are Gazette, Certificate of Occupancy, and Governor’s Consent. Always avoid lands labeled “excision in progress” unless excision has been confirmed.
Conclusion
Understanding the difference between Excision, Gazette, Certificate of Occupancy, and Governor’s Consent is essential for every property buyer in Lekki. These documents define the legal life cycle of land — from communal ownership to government recognition and private ownership. Ignorance of these terms can lead to devastating losses, but proper knowledge ensures peace of mind and investment security.
Every smart investor must verify land titles, consult property lawyers, and ensure compliance with the Land Use Act. Lagos State’s property market rewards diligence and punishes carelessness. With verified documents and professional guidance, your Lekki investment can become a legally protected asset that appreciates in value for generations.
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