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How to Apply for and Get a Governor’s Consent in Anambra State, Nigeria

Introduction: Governor’s Consent and the Land Use Act 1978

Governor’s Consent is a critical legal requirement in Nigerian property law, especially for transactions involving land with a statutory right of occupancy. Under the Land Use Act of 1978, all land in each state (apart from federal lands) is vested in the Governor of that state, to hold in trust for the people (placng.org) (placng.org). This landmark law centralized land ownership and introduced the requirement that any transfer of land rights must receive the approval (consent) of the State Governor. In practical terms, when you buy, sell, lease, or mortgage land in Nigeria (including Anambra State), the law mandates obtaining the Governor’s Consent to validate the transaction. This article, written in the authoritative tone of a senior legal practitioner, serves as a comprehensive guide on how to apply for and obtain a Governor’s Consent in Anambra State. It explains the legal framework under the Land Use Act 1978, outlines the specific procedures in Anambra State, cites relevant laws and case precedents, and provides step-by-step guidance with practical insights.

What is Governor’s Consent? In Nigeria’s land tenure system, a “Governor’s Consent” refers to the formal approval that the Governor (or his delegated official) must grant before an existing right of occupancy or interest in land can be alienated (transferred or encumbered) to another party. This requirement is rooted in Section 22 of the Land Use Act 1978, which explicitly prohibits the alienation of any statutory right of occupancy without the prior consent of the Governor (placng.org). The consent acts as the Governor’s endorsement of the transaction, and it is usually signified by an official endorsement on the instrument of transfer (such as a Deed of Assignment or a Mortgage Deed) (placng.org). In essence, Governor’s Consent is the legal seal that makes a private land transaction formally recognized by the state government. Without it, even a duly signed agreement between a seller and buyer of land may be deemed invalid in the eyes of the law.

Why did the Land Use Act introduce this requirement? The Land Use Act (a federal legislation with constitutional force) was enacted in 1978 to reform land tenure and curb uncontrolled dealings in land. By vesting land in the Governor, it aimed to ensure equitable access, prevent land speculation, and enable the government to oversee land development. Governor’s Consent requirement serves multiple purposes: it gives the government oversight of land transfers (helping to keep land records up to date and detect fraud), ensures compliance with planning regulations, and provides an avenue for the government to collect revenues (such as consent fees, taxes, and stamp duties) from property transactions. It also helps protect unwary purchasers – the consent process often involves a title verification by the Lands Registry before approval. For property investors and developers, this means that every transfer of land must go through a legal vetting process by the state, reinforcing the security of land titles.

In this guide, we will focus on Anambra State, Nigeria, detailing the procedure to obtain Governor’s Consent for a land transaction in that state. We will examine the relevant statutory provisions (with a focus on the Land Use Act as applicable in Anambra), highlight specific procedures and requirements in Anambra State, discuss pertinent case law (court decisions) on Governor’s Consent, and provide practical step-by-step instructions. Whether you are a property investor, a client of a law firm, or a legal practitioner, this comprehensive article will equip you with knowledge of the process, common pitfalls to avoid, and the vital role of legal professionals in successfully securing Governor’s Consent.

Understanding Governor’s Consent Under Nigerian Law

To appreciate the process in Anambra State, one must first understand the legal foundation of Governor’s Consent in Nigeria. The requirement originates from the Land Use Act 1978, which is a federal law uniformly applicable across all states (including Anambra). Two key sections of the Act are most relevant:

• Section 22 (Land Use Act) – This section lays down the rule that holders of a statutory right of occupancy must seek and obtain the Governor’s Consent before alienating (transferring or mortgaging) that right (placng.org). In simple terms, if you have a Certificate of Occupancy or any granted right over land, you cannot sell, assign, lease, or mortgage that land to someone else without the Governor’s approval first. Any attempt to do so without consent is deemed unlawful. The Act even provides that the Governor may require the instrument of transfer (e.g. deed of assignment) to be submitted for endorsement when granting consent (placng.org), meaning the consent is physically endorsed on the document as evidence.
• Section 26 (Land Use Act) – This section underscores the consequence of non-compliance, stating that any transaction or instrument purporting to confer an interest or right in land without following the Act’s provisions is null and void (placng.org). In effect, if a land sale or transfer is done without the required consent, the law treats it as having no legal effect whatsoever. The purchaser would not acquire legal title, and the document (deed) is not registrable in the land registry.

It is important to note that these provisions apply to statutory rights of occupancy – typically lands that are in urban areas or have been formally granted by the Governor (usually evidenced by a Certificate of Occupancy). For customary rights of occupancy (often rural land or community land not formally granted by the Governor), the Land Use Act similarly requires approval: Section 21 stipulates that a customary right of occupancy cannot be alienated without approval of the appropriate authority (the Governor in certain cases, or the local government) (placng.org) (placng.org). In practice, however, most significant land transactions (especially those involving investors and developers) will involve lands under statutory grants, hence the need for Governor’s Consent.

Over the years, Nigerian courts have rigorously upheld these consent requirements. In the landmark case of Savannah Bank Ltd v. Ajilo (1989), the Supreme Court emphatically confirmed that a failure to obtain the Governor’s Consent as required by the Land Use Act renders the transaction void and of no effect ab initio (Requirement of Governor’s Consent In Land Transactions In Nigeria: Does Savannah Bank v. Ajilo Still Reign? by Sylvester Udemezue :: SSRN) (Requirement of Governor’s Consent In Land Transactions In Nigeria: Does Savannah Bank v. Ajilo Still Reign? by Sylvester Udemezue :: SSRN). The irony in that case was that the party who was supposed to obtain the consent (the holder of the land title) tried to use his own failure to obtain consent as a defense to invalidate a mortgage he had granted – and the Supreme Court allowed it, since the statute’s wording was absolute. The decision in Ajilo has been both followed and critiqued in subsequent cases. Courts have noted the harshness of allowing a seller/borrower to escape their obligations by hiding behind lack of consent, but the prevailing law still treats non-obtaining of consent as a fundamental defect. For instance, in Union Bank v. Ayodare & Sons (2007) and Awojugbagbe Light Industries Ltd v. Chinukwe (1995), the Supreme Court reiterated that alienating land without the Governor’s Consent is invalid under Section 22 and 26 of the Act (governor’s consent • Helar). Some recent judgments have explored equitable exceptions (suggesting that a purchaser might hold an equitable interest pending consent, rather like an unregistered instrument) (governor’s consent • Helar), but the safest course, and the law on the books, is that Governor’s Consent is mandatory for legal validity. In any event, no prudent investor or lender would proceed without consent, as the title would be unmarketable and uninsurable.

In summary, under Nigerian law, obtaining Governor’s Consent is a non-negotiable legal step in transferring interests in land. It is a step that confirms the transaction is in line with the Land Use Act and that the state has recognized the new ownership or interest. With this legal foundation in mind, we now turn to how these rules apply specifically in Anambra State, and what procedures and regulations are in place at the state level.

Legal Provisions and Framework in Anambra State

The requirements of the Land Use Act 1978 regarding Governor’s Consent apply across Nigeria, including Anambra State. Thus, Section 22 of the Land Use Act is the primary legal provision in Anambra State mandating Governor’s Consent for land transactions. When you acquire property in Anambra, if that property already has a Certificate of Occupancy (whether a state grant or a deemed grant under the Act) or is otherwise under the purview of the Act, you must follow the consent process.

Anambra State, like other states, implements the Land Use Act through its Ministry of Lands (sometimes called Lands Bureau or Land Registry, typically headquartered in Awka for Anambra). The Governor of Anambra State exercises authority over land matters, often delegating routine duties to commissioners or officials. In fact, Section 45 of the Land Use Act allows the Governor to delegate consent-giving power to certain officials (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State) (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State). In many states, the Commissioner for Lands or other designated senior officers can sign consents on behalf of the Governor to streamline the process. It is important for applicants to recognize that even if the paperwork is processed by civil servants, the consent is legally that of the Governor and is just as effective as if the Governor personally signed.

Under Anambra State’s land administration system, all instruments evidencing a transfer of land (such as a Deed of Assignment, Deed of Lease, or Mortgage Deed) are registered at the Anambra State Lands Registry after obtaining the necessary consent. The Anambra State Land Services or Lands Department provides the application forms and guidelines for seeking Governor’s Consent. Typically, one must apply through the Department of Lands in the Ministry of Lands, Survey and Urban Planning (or equivalent agency in Anambra) which handles processing of consent applications. The state may have specific regulations or internal guidelines detailing the documentation and fees for consent. For example, there may be Anambra State Land Instruments Registration Laws or directives setting out fees for consent and registration of deeds (often pegged to the value of the property).

It’s worth noting that while the legal basis (Land Use Act) is the same nationwide, procedural nuances can vary from state to state. Some states require certain additional clearances (such as obtaining tax clearance certificates from the state Internal Revenue Service as part of the process – Anambra does require this, as we’ll see in the steps), some have automated portals for land applications, while others still operate a manual process. As of the time of writing, Anambra State’s consent process involves physical submission of documents and interaction with the Lands Registry officials. Recent research into Anambra’s property law administration indicates there have been challenges such as bureaucratic delays and opaque processes in obtaining Governor’s Consents in the state (Examination of Current Practices, Challenges and Strategic Reforms for Probate Tax, Governor’s Consent, and Stamp Duty in Anambra State. – African Journal of Law, Political Research and Administration (AJLPRA)) (Examination of Current Practices, Challenges and Strategic Reforms for Probate Tax, Governor’s Consent, and Stamp Duty in Anambra State. – African Journal of Law, Political Research and Administration (AJLPRA)). The state authorities are aware of these issues, and proposals have been made to simplify procedures and leverage technology to make it more efficient (Examination of Current Practices, Challenges and Strategic Reforms for Probate Tax, Governor’s Consent, and Stamp Duty in Anambra State. – African Journal of Law, Political Research and Administration (AJLPRA)). As a result, applicants are advised to follow due process carefully and, where possible, engage professionals to navigate the system effectively.

In summary, Anambra State adheres to the Land Use Act’s requirements for Governor’s Consent, and the process is administered by the state’s land registry officials. The relevant legal provisions are contained in federal law (Land Use Act), but practical guidelines are issued by the state’s Ministry of Lands. Next, we consider why obtaining this consent is so important and the risks of non-compliance, before delving into the detailed application steps.

Why Governor’s Consent is Essential for Land Transactions

For any property investor or land owner in Anambra State, obtaining the Governor’s Consent is not merely a bureaucratic formality – it is essential to secure your legal title and investment. Failing to obtain consent has serious implications:

• Legal Validity of the Transaction: As discussed earlier, a land transaction without the required consent is legally null and void. Section 26 of the Land Use Act provides that any instrument purporting to transfer an interest in land contrary to the Act is null and void (placng.org). This means that if you buy land and do not go through the consent process, the law does not recognize you as the legal owner, no matter that money changed hands or that a deed was signed. You would effectively be holding a defective title. In a dispute, the courts will not uphold your “ownership” because the required Governor’s approval was not obtained. The Supreme Court’s decision in Savannah Bank v. Ajilo is a cautionary tale: the transaction (a mortgage in that case) was declared void for lack of consent, and it left the lender without legal security (Requirement of Governor’s Consent In Land Transactions In Nigeria: Does Savannah Bank v. Ajilo Still Reign? by Sylvester Udemezue :: SSRN). As a buyer, you similarly stand to lose the property if the sale is voided, potentially with little recourse against the seller if the seller invoked the lack of consent as a defense.
• Difficulty in Registering Title: The land registry in Anambra State will not register a Deed of Assignment or other transfer instrument without seeing the Governor’s Consent endorsement. Registration of your title in the official lands records is crucial – it puts the world on notice that you are the new owner. Without consent, you cannot complete registration, meaning your ownership will not reflect in the government’s records. This leaves you vulnerable because someone else (even the same seller) could conceivably claim or deal with the property on record. Moreover, an unregistered transfer (even if somehow one attempted to bypass) would only convey at best an equitable interest, not legal ownership (governor’s consent • Helar). For practical purposes, no serious property investor should be content with anything less than a registered, legal title.
• Risk of Government Sanctions: The Land Use Act not only makes unauthorized transfers void, it also gives the Governor powers to sanction such breaches. Under Section 28 of the Act, an alienation without consent is considered a ground for revocation of the right of occupancy as it constitutes an “overriding public interest” violation (placng.org) (placng.org). While revocations for this reason are not commonplace (since typically parties eventually seek consent rather than remain in non-compliance indefinitely), the law provides that the Governor could revoke the seller’s entire title because of an illegal transfer. Additionally, Section 20 of the Act permits the Governor to levy a penal rent (fine) for each day a land is occupied without proper consent to the transfer, instead of revocation (placng.org) (placng.org). In short, non-compliance can invite punitive action from the authorities – a scenario any investor would want to avoid.
• Impediments to Future Deals: If you do not have Governor’s Consent on your acquisition, you will face obstacles down the line. You will be unable to resell the property validly (because a buyer’s lawyer will insist on seeing the chain of title including the consent). You also cannot use the property as collateral for a loan – banks in Nigeria will demand evidence of Governor’s Consent on any prior transfer before accepting land as security, since a mortgage without consent is equally void. The value of your investment remains unlocked until consent is obtained. Essentially, lack of consent freezes the legal utility of the property – you cannot leverage or fully enjoy a property with defective title.
• Loss of Revenue and Rights: Governor’s Consent also triggers payment of certain fees and taxes (such as stamp duty, capital gains tax for the seller, etc.). Skipping consent might seem like a way to avoid costs, but it is a false economy. Not only do you jeopardize your title, but if caught, you might still have to pay penalties and the original fees. Additionally, by complying, you ensure your transaction contributes to local development (since consent fees and stamp duties often support state revenue) – an ethical consideration for responsible investors supporting the communities they invest in.

In summary, obtaining Governor’s Consent is fundamental to perfecting your interest in land. It converts what would otherwise be an inchoate or merely equitable interest into a full legal title recognized by the government and protected by law. The relatively time-consuming process and fees are small trade-offs compared to the peace of mind and security of property rights that come with a properly consented and registered title.

Role of Legal Practitioners in the Consent Process

Securing Governor’s Consent in Anambra State involves navigating legal requirements, preparing detailed documentation, and liaising with government offices. The role of legal practitioners (property lawyers) in this process cannot be overstated. A seasoned lawyer provides both expertise and practical assistance at every stage:

• Due Diligence and Title Investigation: Before ever applying for consent, a lawyer will conduct a title search at the Anambra State Land Registry to confirm the current status of the land. This is to ensure that the seller actually has a good title to transfer and to check for any encumbrances (such as existing mortgages, pending litigation (lis pendens), or government acquisition interests) on the property (HOW TO APPLY FOR AND GET A GOVERNOR’S CONSENT IN ANAMBRA STATE NIGERIA). Identifying issues at this stage can save a client from entering into a defective transaction. Lawyers also verify survey plans and ensure that the land described matches reality, sometimes involving surveyors to confirm boundaries. This due diligence is critical; Governor’s Consent will not be granted if there is any doubt or dispute over the title, so a lawyer’s preliminary vetting protects the client and smoothens the path for consent.
• Advising on Transaction Structure: Experienced property lawyers advise clients on how best to structure the land transaction in compliance with the law. For example, if a property is still under a customary title, a lawyer might advise obtaining a Certificate of Occupancy first before transferring, or ensure the local government approval (for customary lands) is obtained if needed. In Anambra State, if the land in question is on the freehold market (family land), a lawyer will guide on the process of obtaining a Certificate of Occupancy in the seller’s name (if not already done) so that a proper consent can then be obtained for the transfer to the buyer. They also ensure that all parties (buyer and seller) obtain valid tax clearance certificates, a prerequisite in Anambra for processing consent, by coordinating with tax consultants or the tax authority.
• Documentation and Application Process: Perhaps the most hands-on role of the lawyer is in preparing the application for Governor’s Consent. The application involves numerous documents – the application form, the Deed of Assignment or other instrument of transfer, the title documents (e.g. existing Certificate of Occupancy) to be attached, sworn affidavits, and evidence of payments of required fees. A lawyer ensures that the Deed of Assignment is properly drawn up to reflect all terms of the deal and is executed in the required number of counterparts (often multiple originals are needed for submission). Lawyers also often draft the necessary affidavits (for example, an affidavit of attestation that the information provided is true, and perhaps a witness affidavit, as indicated by Anambra’s procedures (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State)). They will compile all required annexures – from passport photographs of the parties to survey plan copies and tax documents. Because they are familiar with the specific requirements of the Anambra Lands Registry, lawyers can prevent common mistakes like omissions or improper execution that could cause delays or rejection of the application.
• Liaison and Follow-up: Navigating the government bureaucracy is an area where legal practitioners add immense value. They know which office to go to – e.g., the Department of Lands at the Ministry in Awka – and the typical workflow of a consent application. Often, they will purchase the application form on behalf of the client (in some states, forms are obtained from designated banks or the ministry; in Anambra, forms are available through the Lands Ministry and sometimes at designated bank outlets for a fee (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State)). Lawyers ensure that official receipts for all payments (application fees, stamp duties, etc.) are collected and kept. They monitor the progress of the file: from assessment of property value (for fee calculation) to the internal vetting, up to the point when the file is sent to the Governor or delegated official for signature. If any queries arise (for instance, if a document is missing or additional information is required), the lawyer is promptly on hand to address them. Essentially, the lawyer expedites the process and acts as the client’s representative, saving the client from the hassle of repeated trips and possible procedural pitfalls.
• Ensuring Compliance and Closure: After the Governor’s Consent is granted, a lawyer will verify that the endorsement is properly done on the deed and then proceed to register the deed at the Land Registry, obtaining a Registered Title in the name of the new owner. Registration often involves additional steps like stamping the document (paying stamp duty to the Federal Inland Revenue Service, which is usually done before consent or concurrently) and entering the transaction into the state’s records. The lawyer coordinates these post-consent steps to ensure the client’s title is fully perfected. Additionally, lawyers counsel clients on any post-consent obligations, such as updating ground rent records (if the land has annual ground rent payable to the state) so that future ground rents are billed to the new owner.

Given the complexity of this process, the involvement of a legal practitioner is strongly recommended in Anambra State. Indeed, the very first step in applying for Governor’s Consent is often engaging the services of a knowledgeable lawyer or conveyancer (HOW TO APPLY FOR AND GET A GOVERNOR’S CONSENT IN ANAMBRA STATE NIGERIA). They bring professionalism and insight that can mean the difference between a swift, successful consent application and a prolonged, frustrating experience. The next section provides a step-by-step guide to obtaining Governor’s Consent in Anambra State, where you will see many of these roles in action.

Step-by-Step Guide to Obtaining Governor’s Consent in Anambra State

Obtaining a Governor’s Consent in Anambra involves several sequential steps. Below is a detailed, practical guide:

1. Engage a Competent Legal Practitioner and Conduct a Title Search: The process should begin with hiring a qualified property lawyer licensed in Nigeria (preferably with experience in Anambra land matters). As discussed, a lawyer will conduct a title search at the Anambra State Land Registry to verify the seller’s title and ensure there are no encumbrances (HOW TO APPLY FOR AND GET A GOVERNOR’S CONSENT IN ANAMBRA STATE NIGERIA). This step protects you from legal disputes and confirms that the property is actually eligible for a Governor’s Consent (for example, the land must not be under government acquisition or subject to any restriction that would prevent consent). Engaging a lawyer early also ensures you are guided on all requirements from the outset. (Legal basis: The holder of the land title – usually the seller – is the one who should apply for consent (governor’s consent • Helar), but in practice the buyer’s lawyer typically prepares the documents and coordinates this application while involving the seller for necessary signatures.)
2. Obtain the Relevant Application Forms: With the groundwork laid, the next step is to obtain the official Governor’s Consent application form. In Anambra State, the Lands Department provides these forms (often a specific “Land Form” for consent of assignment). Usually, you can collect the form at the Ministry of Lands in Awka, or sometimes at designated bank branches upon payment of a form fee. The form will require information such as the details of the property (plot number, location, size), the nature of the transaction (sale, gift, mortgage, lease, etc.), and parties’ details. Your lawyer can help obtain and fill out this form. Make sure to use the current version of the form as provided by Anambra State to avoid any issues. (It’s wise to confirm at the Lands Registry if any documents like a covering application letter are required in addition to the standard form.)
3. Prepare the Required Documents: Along with the completed application form, you must gather a comprehensive set of supporting documents to submit. Missing or inadequate documentation is a common pitfall, so carefully ensure all of the following (as applicable) are included:
   • Cover Letter / Application Letter: A formal letter addressed to the Commissioner of Lands or appropriate authority in Anambra, stating the request for Governor’s Consent and listing enclosed documents. (This is often prepared by the lawyer on behalf of the applicant.)
   • Executed Deed of Assignment (or relevant instrument): This is the document evidencing the transaction between the current holder (seller) and the new buyer. It should be properly executed by both parties and witnesses. Anambra State requires multiple originals (often 5 copies of the deed) for processing (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State). Each copy will eventually carry the consent endorsement if approved.
   • Evidence of Title of the Vendor: Include a copy of the existing Certificate of Occupancy (C of O) for the land, or a previous registered deed (if the land was previously assigned) or other root of title. This proves the seller’s ownership. If the seller’s title is a C of O, also attach the C of O holder’s particulars or any allocation letter that came with it.
   • Survey Plan: A clear survey plan of the property, drawn by a licensed surveyor and showing the plot with coordinates. The survey plan should ideally be stamped by the Surveyor-General’s office. It helps the Lands Registry identify the exact land in question.
   • Tax Clearance Certificates: In Anambra State, both the transferor (seller) and transferee (buyer) are typically required to present Tax Clearance Certificates (usually covering the last three years) (HOW TO APPLY FOR AND GET A GOVERNOR’S CONSENT IN ANAMBRA STATE NIGERIA). For corporate entities, tax clearance of the company and/or two directors may be needed (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State). This shows that the parties have paid their income taxes, as the government often uses land transactions to enforce tax compliance.
   • Identification and Passport Photographs: It is common to attach passport-sized photos of the individual parties or authorized signatories (for companies). Also include photocopies of means of identification (e.g., National ID, International Passport or Driver’s License) for the parties, to verify their identities.
   • Evidence of Payment of Preliminary Fees: Some initial fees may need to be paid and receipts attached. For instance, there might be an application fee or form fee and perhaps an administrative charge that the Lands Registry requires upfront. Ensure you pay these at the designated bank or pay-point and get a receipt. (Later, there will be additional fees based on the property’s value – see step 5.)
   • Affidavits: As part of the application, Anambra’s process may require sworn affidavits. One is an Applicant’s Affidavit (sworn by the buyer or the person applying, e.g. a director if a company) attesting that the information provided is true and that the transaction is bona fide. Another could be a Witness Affidavit – each witness to the deed might depose to an affidavit confirming they witnessed the parties sign (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State). Not all states require witness affidavits, but if Anambra’s current practice does, it will be indicated in the application requirements. It’s safer to inquire and include them if needed.
   • Governor’s Consent Application Form: As obtained in step 2, duly filled and signed by the appropriate persons (usually the seller as applicant, since the seller is the holder whose consent to assign is being sought). Make sure all fields are correctly filled – errors here can cause delays.
   • Other Supporting Documents: If the land was a result of a government allocation, attach copies of the allocation letter. If the transaction is via a Power of Attorney, include a certified copy of that Power of Attorney. For a corporate seller or buyer, attach board resolution extracts authorizing the sale/purchase. Essentially, provide any document that supports the legitimacy of the transaction.
4. Submit the Application to the Lands Registry (Ministry of Lands): Once the application packet is complete, it should be submitted to the Anambra State Lands Registry/Ministry of Lands in Awka or the appropriate liaison office. Typically, there is a Lands Services customer desk that receives Governor’s Consent applications. Upon submission, officials will check that all necessary documents are included. It is wise to go with your lawyer for submission to handle any queries. You will be required to pay the processing fee or filing fee if not already paid, and you should obtain an acknowledgment or receipt for the submission. After submission, an application reference number or file number may be assigned – keep this for tracking purposes. Be polite and cooperative with the Lands Registry staff; establishing good rapport can sometimes help in getting status updates. Remember that bureaucratic processes can take time; however, you should periodically follow up (through your lawyer or personally) to ensure the file is moving.
5. Pay the Assessed Fees and Duties: After the application is submitted, the Lands Registry will typically carry out an assessment of the property’s value or use the consideration stated in the Deed of Assignment to calculate the fees payable for consent. In Anambra State, the fees usually include:
   • Consent Fee: Often calculated as a percentage of the assessed value or purchase price of the property. This is the primary fee for obtaining the Governor’s Consent (essentially the charge for the Governor’s endorsement).
   • Stamp Duty: A federal tax on the instrument of transfer. The Lands Registry usually coordinates with the Federal Inland Revenue Service (FIRS) to ensure the Deed of Assignment is stamped. Stamp duty on property conveyances in Nigeria is typically around 1.5% of the consideration (this rate can change, so confirm the prevailing rate). This must be paid before registration; sometimes it’s required at the consent stage so that the deed can be stamped as part of the process.
   • Registration Fee: A fee for registering the deed in the state’s land registry records. This might be a fixed amount or a percentage (some states charge about 3% of the property value for registration). It might be bundled with the consent fee in practice. For example, some documents refer to “Consent/Registration fee” collectively (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State).
   • Capital Gains Tax: This tax is on the profit from the sale of land, and legally it is the seller’s obligation (5% or 10% of the gain, depending on current law). However, proof of payment of Capital Gains Tax (CGT) on the transaction may be required as part of the consent process. Often the buyer ensures it gets paid so that the consent isn’t stalled. Check with the Anambra State Internal Revenue or FIRS office if CGT clearance is needed for the consent.
   • Ground Rent and Other Levies: If the seller owes any ground rent arrears on the property (annual payments due on the Certificate of Occupancy), these must be cleared. The Lands Registry will usually calculate any outstanding ground rent up to the current year and require payment (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State). Additionally, there might be a small survey fee or charting fee to verify the survey plan in state records.
   • Administrative Fees: These can include an Inspection Fee (for officials to inspect the property as part of verification) (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State), File/Stationery or Computer Fee (to cover the cost of file handling and data entry) (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State), and Consent endorsement fee. In modernizing states, a Technology Fee is sometimes levied for maintaining electronic databases (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State).
   • Penalty for Late Registration (if applicable): Some states impose a penalty if a transaction is not submitted for consent within a certain time of execution. For example, if a deed was executed and you waited a year to seek consent, a penalty might apply. The De-GraceLandHomes guide notes a 10% penalty in case of defaults or delays (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State) – this likely refers to late submission beyond the statutory period. In law, instruments should be stamped within 30 days of execution; delays can incur penalties. It’s best to apply promptly after the transaction to avoid this.

   Once the Lands office computes these, a demand notice or assessment notice will be issued to you. Proceed to pay all the fees at the designated banks or revenue offices. Payments are often split between state government accounts (for consent, registration, etc.) and federal accounts (for stamp duty, CGT). Ensure you obtain official receipts for each payment. Attach copies of all receipts to your file and also keep originals safe. Return to the Lands Registry to submit evidence of payment so that processing can continue. (If using a lawyer, they will handle the run-around of making these payments in the correct places.)

6. Verification and Processing by the Lands Bureau: After you have paid the required fees, the application goes into the processing stage. Here, the Lands Registry officials will verify all information and documents. They may:
   • Conduct a site inspection of the property. Usually, land officers visit the site to confirm that the land in question exists as described, is not under government acquisition or committed for public purpose, and to ensure there is no occupation issue. They may take note of developments on the land (buildings, etc.) for records.
   • Verify the title documents with their records. If the seller’s C of O is presented, they will check their register to confirm its authenticity and that it indeed belongs to the seller and is valid. If prior deeds are involved, they check registration records.
   • Confirm tax clearance authenticity with the tax authorities (sometimes).
   • Ensure all required fees are paid (matching receipts with their accounts).
   • Check that the survey plan coordinates do not overlap with another title and correspond to the intended land (often called “charting” the survey).
   • Internally prepare a Consent Memo or File for approval. A land officer will compile a summary and a recommendation that the consent be granted, which will move up the chain – typically to the Director of Lands, then to the Permanent Secretary, and finally to the Hon. Commissioner for Lands, who presents it for the Governor’s (or delegated authority’s) signature.

   During this stage, if any discrepancy or issue is found (for example, if the land was found to have an unresolved dispute or the documents are inconsistent), you may be alerted to resolve it. In many cases, no news is good news – the process simply continues until approval is ready. This verification stage may take several weeks or a few months, depending on the efficiency of the system. Applicants often need patience and must occasionally prod the system gently with follow-ups. According to studies, bureaucracy can cause delays in Anambra (Examination of Current Practices, Challenges and Strategic Reforms for Probate Tax, Governor’s Consent, and Stamp Duty in Anambra State. – African Journal of Law, Political Research and Administration (AJLPRA)), so persistence (or having a diligent lawyer) is key.

7. Approval and Grant of Governor’s Consent: Once all internal checks are satisfactory, the Governor (of Anambra State) will grant consent by signing the appropriate documents. In practice, the Governor often delegates a senior official (like the Commissioner for Lands or a Special Adviser) to sign the consent on his behalf, pursuant to Section 45 of the Land Use Act (Procedures And Steps For Registration Of Deed Of Assignment In Anambra State – Degracelandhomes- Buy Properties that Appreciate Fast in Anambra State). The endorsement of consent is usually done on the deed of assignment itself. The deed that was submitted will be endorsed with a notation along the lines of “Consent of the Governor of Anambra State granted to this transaction on [Date]” and the signature of the Governor or his delegate, with official seal. This is the moment the transaction becomes legally approved. In some cases, instead of (or in addition to) signing on the deed, the authorities might issue a Letter of Consent attached to the deed. However, the common practice is endorsement on the deed. The date of this endorsement is important – it is the effective date of consent. Note that the Governor has the discretion to refuse consent, but refusals are rare if all requirements are met and the land is free from issues. (If consent were refused, the law requires that the reasons be given and the applicant may seek legal redress or correct the issues and reapply.)
8. Collection of the Consented Documents: After the consent is signed, the Lands Registry will inform the applicant (or more commonly, the lawyer who filed the application) that the Governor’s Consent has been granted. At this point, you will need to collect your documents. Typically, one or two original copies of the deed will be released to you bearing the consent endorsement (the Lands Registry usually keeps one original for their records). Go to the Lands Registry with identification and evidence of submission (and ideally the receipts of payment just in case) to pick up the documents. Before leaving, review the endorsement to ensure it’s properly signed and dated. Also, ensure that the deed has been stamped (stamp duty) – if not, you may need to handle stamping separately before registration. Sometimes the collection of the consented deed coincides with issuance of a registration number if they already registered it; other times you collect and then proceed to register.
9. Registration of Title: This step sometimes overlaps with step 8 or follows immediately. A Governor’s Consent on a deed does not automatically mean the deed is registered on the land registry books – you must ensure that the deed is formally registered (in the Lands Registry’s records) under the Lands Instruments Registration Law of the state. In many cases, the process of registration is done concurrently by the Lands Registry when they endorse consent (especially if the consent fee included the registration fee). You might find that the deed you collect already has a Registry recording page or number. If not, you should lodge the endorsed deed with the Land Registry’s registry section for registration. They will enter the details in the register (or database) and mark the deed with a unique instrument number and volume/page (for manual registers). A Certificate of Registration or a stamped acknowledgment on the deed will be given. This final step ensures the world is on notice of your interest and completes the legal transfer of title to your name. After this, you are the recognized owner of the property, with your deed of assignment (bearing Governor’s Consent and registration details) as evidence.

Following all these steps diligently will result in a valid Governor’s Consent for your property transaction in Anambra State. It is a thorough process, but it secures your investment. Remember that specific procedural details can evolve – for instance, if Anambra State automates some parts of the process or revises fees, you should stay updated through official channels or consult your lawyer for the latest requirements. Next, we discuss some practical insights and common pitfalls to be mindful of during this process.

Practical Insights and Common Pitfalls in the Consent Process

Applying for Governor’s Consent in Anambra State can be intricate. Here are practical insights and common pitfalls, so you can better navigate the process:

• Start Early and Be Patient: One practical tip is to initiate the consent application as soon as the deed is executed. Do not delay. The entire process can take anywhere from a few weeks to several months. Bureaucratic delays are a known challenge – a 2024 study highlighted bureaucratic delays and opaque processes as issues in Anambra’s land administration (Examination of Current Practices, Challenges and Strategic Reforms for Probate Tax, Governor’s Consent, and Stamp Duty in Anambra State. – African Journal of Law, Political Research and Administration (AJLPRA)). To mitigate this, start early and budget sufficient time for processing. Frequent but polite follow-ups at the Lands Registry can help keep your file from gathering dust.
• Ensure Complete and Accurate Documentation: Incomplete documentation is the number one cause of delays or rejections. Double-check the document checklist with the Lands Registry’s current requirements before submission. A common pitfall is missing tax clearance certificates or outdated ones – ensure they are current to the year of transaction. Also, any errors in the names or descriptions on the deed versus the C of O or survey can cause queries. It’s wise to have your lawyer meticulously cross-verify all details (spellings of names, plot numbers, survey coordinates, etc.). If the seller’s name on the existing title is, say, “John A. Okeke” and on the deed you wrote “John Okeke”, make sure to clarify any discrepancy with an affidavit of name (if needed) to avoid doubt that it’s the same person. Accuracy and consistency in paperwork will save you from needless hurdles.
• Avoid Under-declaring the Property Value: There may be a temptation to state a lower purchase price on the deed to reduce fees (since some fees are percentage-based). This is a risky strategy. Lands Registry officials often have valuation benchmarks and may reassess a clearly undervalued figure. If caught, this can not only delay the process (as they may insist on a realistic valuation and additional fees/penalties) but also could attract penalties for false declaration. It’s best to be transparent and pay the legitimate fees. By doing so, you also avoid legal issues – remember, an stamp duty evasion or underpayment might affect the admissibility of the deed in court until corrected. Full disclosure of consideration ensures a smoother consent approval.
• Stay Tax Compliant: Since tax clearance is required, both buyers and sellers should ensure that their tax affairs are in order ahead of the transaction. For a company, ensure the company’s returns and taxes are up to date so that obtaining a tax clearance certificate is straightforward. If a party does not have a tax clearance, there is sometimes an option to pay a tax deposit or a withholding at the Lands Registry (in lieu of clearance) but this can complicate matters. The cleaner approach is to have proper tax clearances. Also, factor in Capital Gains Tax (CGT) for the seller from the onset – sellers sometimes ignore this until the Lands Registry demands evidence of CGT payment. Negotiating who bears the CGT and consent fees between buyer and seller is a commercial point, but legally CGT is on the seller, and consent fee often on the buyer. Clarify this in your sale agreement to avoid disputes that can stall the application.
• Follow Official Channels and Receipts: Always pay fees to the designated government accounts, not to any individual. Unfortunately, the process can attract “facilitators” who promise quicker service for unofficial fees – engaging in that is unethical and potentially illegal. It’s better to do things properly. Keep copies of every receipt and document submitted. If a query arises as to whether a fee was paid, your receipts are your proof. In Anambra, some fees might be paid at banks (which then issue a Bank Teller and a government e-receipt). Ensure you exchange the teller for an official receipt from the Accounts Department of Lands or relevant authority. Documentary evidence of compliance at every step is your safety net.
• Monitor the Process (Use Contacts if Possible): While one should not resort to illegitimate means, it is helpful to monitor your application’s progress. If you have a contact or can politely inquire from a processing officer about the status (through your lawyer often), it can help identify if any file is stuck or additional information is needed. Sometimes files can be misplaced or waiting for a signature without the applicant being notified. By keeping in touch, you can gently nudge the process. If the timeline seems excessively long, your lawyer can write a polite letter of reminder or escalate to a higher official for inquiry. Showing serious intent can ensure your application isn’t overlooked.
• Common Pitfalls to Avoid: Aside from incomplete documents and delays, other pitfalls include:
  • Executing multiple transfers without consent: Do not attempt to “flip” the property (sell to someone else) before your consent is out, thinking you can skip one consent. Each link in the chain requires consent. It’s illegal to circumvent it, and it will catch up eventually when the last person tries to register. Always perfect each transfer before the next.
  • Taking Possession without Consent: While taking physical possession after purchase is normal, remember that legally the state could question your occupation without consent (in extreme cases). It’s rare, but be aware that you are not the legal owner until consent is done. Therefore, avoid making significant improvements on the land (like building) prior to obtaining consent, because if something were awry, you’d have expended money on a property not yet legally yours. Ideally, secure your title first.
  • Assuming Consent is Automatic: Some people think once they apply, consent is a given. While approvals are common, the Governor can technically refuse consent on certain grounds (public interest, or if the transaction contravenes any law). For instance, if the land is in a government redevelopment scheme or the transfer is to a foreign entity that requires special approval, there could be issues. Thus, do not assume – wait for the actual signed consent before concluding all is clear.
  • Not Using a Lawyer/Professional: Trying to navigate this process without a legal practitioner is a pitfall many regret. Small errors in documentation or procedure can cause big delays. The process, as detailed, is quite involved. A knowledgeable lawyer will pre-empt issues and handle the legwork. The cost of legal fees is often a worthwhile investment to avoid costly mistakes in a property transaction of high value.

By being aware of these insights and pitfalls, property investors and practitioners can approach the Governor’s Consent process in Anambra State more strategically and efficiently. Preparation, diligence, and the right professional assistance are your best tools for success.

Tags: Governor’s Consent, Land Use Act, Anambra State, Property Law, Real Estate Transaction, Nigeria Land Law, Title Registration
SEO Title: Ultimate Guide to Obtaining Governor’s Consent in Anambra State, Nigeria – Secure Your Property Rights
Categories: Property Law, Real Estate Investment, Nigerian Land Law, Anambra State Land Procedure
Focus Keyword: Governor’s Consent Anambra
Power Word: Ultimate Guide
Relevant Case(s): Savannah Bank Ltd. v. Ajilo (1989) 1 NWLR (Pt. 97) 305 – (Failure to obtain consent renders transaction void) (Requirement of Governor’s Consent In Land Transactions In Nigeria: Does Savannah Bank v. Ajilo Still Reign? by Sylvester Udemezue :: SSRN); Awojugbagbe Light Ind. Ltd. v. Chinukwe (1995) 4 NWLR (Pt. 390) 379 – (Consent required for validity of alienation) (governor’s consent • Helar).

Conclusion

Obtaining a Governor’s Consent in Anambra State is a crucial step in any land acquisition or transfer, serving as the legal endorsement of your property rights by the state government. We have seen that the requirement is deeply rooted in Nigerian law (the Land Use Act of 1978) and is enforced strictly to ensure orderly transfer of land and protection of all parties involved. For property investors, developers, and other stakeholders, compliance with this process is not optional – it is fundamental to securing your investment and peace of mind. While the procedure can be detailed and occasionally challenging, it is designed to safeguard interests, prevent fraud, and maintain the integrity of land records.

Throughout this guide, we explored the step-by-step procedure – from engaging a lawyer and conducting due diligence, through paperwork and payments, to the final consent endorsement and registration. We also highlighted practical tips and common mistakes to avoid, underlining that with proper guidance, the process can be navigated successfully. By adhering to the legal framework and following the best practices outlined, you ensure that your property transaction in Anambra State stands on solid legal ground.

Finally, it is important to have the right professional support. At CHAMAN Law Firm, we pride ourselves on our expertise in Nigerian property law and our commitment to helping clients achieve seamless and secure real estate transactions. If you are purchasing or selling property and need to obtain a Governor’s Consent in Anambra State (or any state in Nigeria), our team of seasoned legal practitioners is ready to assist. We offer end-to-end legal guidance – from initial title searches and contract drafting to handling the consent application and perfecting your title. With our deep knowledge of the local procedures and a track record of efficiency, we can help you avoid pitfalls and unnecessary delays.

Contact CHAMAN Law Firm today for expert property law services tailored to your needs. Whether you are an investor seeking to ensure your property acquisitions are watertight, or a developer handling multiple land transactions, we stand by you as trusted legal advisors. Let us help you navigate the complexities of Governor’s Consent and all aspects of property law in Nigeria, so you can proceed with confidence in your real estate ventures.

Secure your investment with the right legal partner – reach out to CHAMAN Law Firm for professional assistance in obtaining Governor’s Consent and all property law matters in Anambra State and beyond. (Requirement of Governor’s Consent In Land Transactions In Nigeria: Does Savannah Bank v. Ajilo Still Reign? by Sylvester Udemezue :: SSRN) (placng.org)