Why Governor Consent Matters for Ikoyi Property Buyers

Why Governor Consent Matters for Ikoyi Property Buyers

Introduction

In Nigeria, the journey of land ownership does not end with the signing of a deed of assignment or the payment of purchase money. True property ownership is only complete when the Governor’s Consent has been duly obtained. This requirement, though often overlooked by many buyers, forms the legal foundation of land ownership in high-value areas such as Ikoyi, Lagos — one of the most expensive and prestigious real estate locations in Africa.

Ikoyi, known for its luxury mansions, waterfront developments, and corporate towers, commands immense market value. A single plot can cost between ₦600 million and ₦2 billion, depending on location and size. Yet, despite this enormous investment, many buyers do not realize that without Governor’s Consent, their ownership remains imperfect and legally vulnerable.

This article explains in depth why Governor’s Consent is critical for Ikoyi property buyers, its legal significance, the risks of ignoring it, the process of obtaining it, common mistakes investors make, and case studies illustrating how the presence or absence of this vital consent has determined property fortunes in Lagos.

The Legal Foundation: Section 22 of the Land Use Act 1978

The concept of Governor’s Consent arises from Section 22 of the Land Use Act (1978) — Nigeria’s central legislation governing land ownership. The section 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 without the consent of the Governor first had and obtained.”

This means that no property transaction involving a land or building with an existing Certificate of Occupancy (C of O) is valid without the written approval of the Governor of Lagos State (or an authorized delegate such as the Lands Bureau).

In simple terms, when you buy a property from someone who already has a C of O, you must obtain Governor’s Consent before that ownership transfer becomes legally recognized. Without it, your transaction remains incomplete and defective in law.

Why Governor’s Consent Matters in Ikoyi

Ikoyi occupies a unique position in Nigeria’s real estate ecosystem. It is home to federal allocations, state lands, expatriate leases, and several reallocated plots dating back to the colonial period. Many properties in Ikoyi are already covered by Certificates of Occupancy or subleases from government agencies, which means any subsequent transfer requires Governor’s Consent.

Governor’s Consent in Ikoyi is therefore more than a procedural step — it is the legal bridge that converts possession into ownership. It separates legitimate titleholders from those who merely occupy a property without government recognition.

Key Reasons Why Governor’s Consent is Crucial for Ikoyi Buyers:

1. It validates your ownership under Nigerian law.
2. It allows you to register your Deed of Assignment at the Lagos State Land Registry.
3. It protects you from double ownership claims and property fraud.
4. It enables you to use the property as collateral for bank loans and investment funding.
5. It confirms government recognition of your interest and secures your investment against revocation.

Without this consent, your Deed of Assignment remains a private agreement — unenforceable against third parties or government authorities.

The Risk of Skipping Governor’s Consent

Many property buyers in Ikoyi unknowingly skip the Governor’s Consent process either to avoid perceived delays or to save costs. However, the consequences can be devastating.

Legal Risks:

• Invalid Title Transfer: The transaction remains voidable under the Land Use Act.
• Lack of Legal Recognition: The government will not recognize you as the lawful owner.
• Denial of Registration: You cannot register the property with the Lands Registry.
• Exposure to Fraud: Unscrupulous sellers may resell the same property.
• Ineligibility for Financing: Banks will reject unperfected titles as collateral.
• Risk of Revocation: The state government may revoke land not legally transferred.

A property worth billions could be lost or contested simply because the buyer failed to complete this crucial step.

Step-by-Step Process of Obtaining Governor’s Consent in Ikoyi

The process is guided by the Lagos State Lands Bureau, located at Alausa, Ikeja. Though it requires professional handling, understanding the sequence helps buyers prepare effectively.

1. Preparation of Deed of Assignment

Your property lawyer drafts and executes a Deed of Assignment between you (the assignee) and the seller (the assignor). This document must clearly state the property details, price, and terms of sale.

2. Payment of Stamp Duties

The Deed is taken to the Stamp Duties Office of the Lagos Internal Revenue Service (LIRS) for assessment and stamping within 30 days of execution. Failure to do so attracts penalties.

3. Submission to Land Registry

The lawyer submits the following documents to the Lagos State Land Registry:

• Duly executed Deed of Assignment
• Copy of existing C of O
• Survey plan (authenticated by the Office of the Surveyor-General)
• Tax clearance certificates of both parties
• Land Use Charge receipts
• Application letter and covering letter from lawyer

4. Land Information and Charting

The land is charted at the Office of the Surveyor-General to confirm that it is not under acquisition, excision, or government layout.

5. Assessment of Fees

Once approved, the Lands Bureau issues an Assessment Notice for the following:

• Consent fee (1.5% of property value)
• Stamp duty (1.5%)
• Capital gains tax (10% of profit, if applicable)
• Registration fee (0.5%–1%)

6. Governor’s Approval and Signature

After payment, the file proceeds for Governor’s signature or delegated authority. Once signed, the consent is embossed and recorded at the Lands Registry.

7. Collection of Governor’s Consent

The applicant receives a Registered Deed of Assignment endorsed with “Governor’s Consent Granted” — confirming legal ownership.

Average duration: 8 to 16 weeks, depending on documentation accuracy and government workload.

Estimated Cost of Governor’s Consent in Ikoyi

Given the high property values in Ikoyi, associated fees can be significant.

Though substantial, these costs are negligible compared to the risk of losing ownership over an unperfected title.

Case Study 1 – Governor’s Consent Saved a Multimillion-Naira Apartment Deal

In 2024, a South-African investor, Ms. Cynthia Molefe, entered negotiations to purchase a luxury five-bedroom apartment in Parkview Ikoyi valued at ₦950 million. The seller produced a Deed of Assignment and an old Certificate of Occupancy dating back to 1995. Everything seemed legitimate; the buyer even took possession after paying 80 percent of the price pending “paperwork completion.”

Before final payment, Chaman Law Firm was engaged to conduct legal verification. Their due-diligence investigation uncovered that:

1. The original C of O had already been used to obtain multiple loans by the previous owner, and one bank still held a registered equitable mortgage.

2. The seller had never obtained Governor’s Consent when he bought the property in 2012, meaning his transfer was legally defective.

Chaman Law Firm immediately halted the transaction, contacted the bank, and negotiated a structured release of interest after the seller cleared his outstanding obligations. The firm then filed a Governor’s Consent application on behalf of Ms. Molefe, regularized the defective chain of title, paid the requisite fees, and obtained official consent within twelve weeks.

Six months later, a second claimant emerged claiming ownership based on the seller’s earlier defective assignment. The Lands Registry, however, confirmed Ms. Molefe as the legally recognized owner because her Deed of Assignment had been duly endorsed with Governor’s Consent.

Lesson: In Ikoyi, where property values run into hundreds of millions, obtaining Governor’s Consent is not an administrative formality — it is your ultimate legal armor against conflicting claims, hidden encumbrances, and title disputes.

Case Study 2 – Proper Consent Saves an Investor from Loss

In 2023, a Canadian investor sought to purchase a luxury duplex in Old Ikoyi worth ₦1.2 billion. The seller had a valid C of O, and the investor hired Chaman Law Firm to conduct due diligence and handle documentation.

During verification, it was discovered that part of the property was under an old federal sublease requiring renewal and revalidation before any transfer. Chaman Law Firm guided the client through the revalidation process, obtained a Governor’s Consent, and successfully registered the new title within 90 days.

Months later, another claimant surfaced claiming ownership through a parallel sale. However, because the Canadian investor’s title had Governor’s Consent, the government upheld his ownership and dismissed all competing claims.

Lesson: In Ikoyi, documentation perfection is your greatest defense against title disputes.

Importance of Governor’s Consent in Mortgage and Investment

Without Governor’s Consent, financial institutions cannot legally accept your property as security for loans. Banks and investors require perfected titles before funding projects or granting credit.

Moreover, in property resale, only properties with valid Governor’s Consent attract high-value buyers. An unperfected title may depreciate significantly and deter investors.

Thus, Governor’s Consent is both a legal necessity and financial advantage.

Common Mistakes Ikoyi Buyers Make

1. Assuming Deed of Assignment is enough.
2. Buying from agents without verifying title.
3. Ignoring the consent process due to time or cost.
4. Failing to engage professional lawyers.
5. Relying on forged or duplicate documents.

Each of these errors exposes the buyer to legal, financial, and emotional loss.

Frequently Asked Questions (FAQ)

Q1: What is Governor’s Consent?
It is the legal approval of the Governor for the transfer of property ownership from one party to another where a Certificate of Occupancy already exists.

Q2: How long does it take to obtain?
Typically between 8 and 16 weeks, depending on documentation and processing speed.

Q3: Can I sell property without Governor’s Consent?
You can sell, but the buyer will not be recognized as legal owner until consent is obtained.

Q4: Does every land require Governor’s Consent?
Only properties already under a C of O or statutory right of occupancy.

Q5: Can foreigners obtain Governor’s Consent in Nigeria?
Yes, through proper legal representation and compliance with the Nigerian Investment Promotion Act and immigration laws.

Expert Legal Insight

A property lawyer is indispensable in the perfection of title. The process involves deep legal and technical scrutiny, including:

• Verification at the Land Registry.
• Survey charting.
• Drafting of Deed of Assignment.
• Tax compliance verification.
• Government follow-up and correspondence.

Professional legal guidance saves buyers from costly mistakes and fraudulent transactions.

Best Practices for Ikoyi Property Buyers

1. Engage a qualified property lawyer from the start.
2. Conduct due diligence on ownership history, survey, and C of O.
3. Budget for perfection fees in your total purchase cost.
4. Insist on Governor’s Consent before final payment.
5. Keep all receipts and correspondence as proof of process.

The Financial Value of Perfected Title

A property with Governor’s Consent appreciates faster because it carries a verified, government-recognized title. Such properties:

• Sell more easily.
• Qualify for loans.
• Are less likely to be disputed.
• Offer peace of mind and legal protection.

In Ikoyi, where buyers include expatriates, diplomats, and corporate organizations, a perfected title is a non-negotiable asset.

Conclusion

Governor’s Consent is the heartbeat of legitimate property ownership in Ikoyi. It validates your title, protects your investment, and ensures that your property remains safe from legal disputes or government revocation.

Without it, your purchase remains incomplete — no matter how much you paid or how beautiful the mansion is.
Ikoyi’s real estate market is filled with hidden complexities rooted in the Land Use Act and overlapping ownership structures. Only through the Governor’s Consent process can your ownership gain the recognition and protection of the Lagos State Government.

In real estate, documentation equals protection. The cost of perfection is nothing compared to the loss of an unperfected property. Secure your consent, secure your peace.

Call to Action

At Chaman Law Firm, we specialize in property due diligence, title perfection, and Governor’s Consent processing for high-value properties in Ikoyi, Lekki, and Victoria Island. Our legal team combines deep knowledge of real estate law, practical government experience, and absolute professionalism to ensure your investment is secure.

✅ Our Services Include:

• Verification of title and C of O.
• Drafting and registration of Deed of Assignment.
• Governor’s Consent application and follow-up.
• Payment of statutory fees and tax compliance.
• Title perfection and Land Registry updates.

Whether you are buying your first home or a multi-billion naira estate, we ensure your transaction is legally flawless and fully perfected.

📞 0806 555 3671, 08096888818,  08024200080

📧 chamanlawfirm@gmail.com

📍 Chaman Law Firm 115, Obafemi Awolowo Way Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos

🌐 www.chamanlawfirm.com

👉 Book a consultation now: www.chamanlawfirm.com/book-consultation

Don’t just buy property in Ikoyi — secure it with Governor’s Consent.
Contact Chaman Law Firm today for professional assistance and peace of mind in every real estate transaction.