When Kemi bought land in Ajah from a seller who had a Certificate of Occupancy, she thought the Deed of Assignment was all she needed. Two years later, when she tried to sell the land herself, she discovered the transaction was legally incomplete. She had never obtained the Governor’s Consent Nigeria law requires for such transfers to be valid. Her buyer walked away. The sale collapsed.
This mistake costs Nigerians millions every year. Governor’s Consent Nigeria is one of the most misunderstood requirements in property law — many buyers don’t know it exists until it’s too late.
In this guide, I’ll explain exactly what Governor’s Consent Nigeria means, when you need it, how to get it, what documents are required, how much it costs, and how long it takes. Whether you’re buying, selling, mortgaging, or inheriting land in Nigeria, this is information you cannot afford to skip.
Contents
When Is Governor’s Consent Required?
How to Get Governor’s Consent in Nigeria: Step-by-Step
Documents Required for Governor’s Consent in Nigeria
Cost of Governor’s Consent in Nigeria
What Is Governor’s Consent?
Governor’s Consent is the formal approval granted by a state Governor before any transfer, sale, sublease, mortgage, or assignment of land held under a Certificate of Occupancy (C of O) can be legally valid.
The legal basis comes from Section 22 of the Land Use Act 1978 — Nigeria’s principal land law. Under this Act, all land in each state is vested in the Governor of that state, who holds it in trust for the people. Because the Governor technically “owns” all land, any transaction affecting that land requires their formal approval.
Think of it this way: when you buy a C of O land, you’re not buying outright ownership — you’re buying the right to occupy and use that land subject to the government’s ownership. When you want to transfer that right to someone else, you must get the “landlord’s” (the Governor’s) permission first.
Without the Governor’s Consent, the transaction is void — legally it never happened, regardless of how much money changed hands or how many documents were signed.
Read our Complete Guide to Buying Land in Nigeria, here
When Is Governor’s Consent Required?
Governor’s Consent Nigeria is required whenever land under a Certificate of Occupancy changes hands or is encumbered. Specifically:
- Sale/Transfer of land — You’re selling your plot with a C of O to a buyer
- Sublease — You’re leasing out land you hold under a C of O
- Mortgage — You’re using your C of O land as collateral for a loan
- Gift — You’re giving land to someone as a gift
- Inheritance/Devolution — Land passes to heirs after the holder’s death
- Deed of Assignment — Any formal assignment of rights in C of O land
When is it NOT required?
- Transactions involving land that doesn’t have a C of O (though such land has its own risks)
- Transactions within the same family where no actual transfer of legal rights is happening
- Purely contractual arrangements that don’t affect the title directly
Important: Even if the original owner has a valid C of O, if they sell to you without obtaining Governor’s Consent, you do not have valid legal title. The Deed of Assignment alone is insufficient. For clarity and guidance, click here to talk to one of our lawyers
How to Get Governor’s Consent in Nigeria: Step-by-Step
STEP 1: Prepare Your Application
The process begins with a formal application to the Ministry of Lands in the state where the land is located. You’ll need both the seller (assignor) and buyer (assignee) involved at this stage.
Your application package must include:
- Formal application letter
- All required documents (detailed below)
- Completed application forms (obtained from Ministry of Lands)
STEP 2: Submit Application to Ministry of Lands
Submit your complete package to the appropriate department:
- Lagos State: Lands Bureau, Alausa, Ikeja
- Abuja (FCT): FCDA Land Administration
- Other states: State Ministry of Lands and Housing
On submission, your file is assigned a reference number. Keep this carefully — you’ll need it to track progress.
STEP 3: File Assessment
Ministry officials review your application and calculate the fees payable. This assessment covers:
- Consent fee (percentage of the land value)
- Capital gains tax (if applicable)
- Stamp duty
- Registration fee
- Ground rent (if in arrears)
- Survey/charting fee
You’ll receive an Assessment Notice showing exactly what to pay.
STEP 4: Pay the Assessed Fees
Pay all assessed fees through the designated government payment channels — usually through a bank or Remita. Keep every receipt. No payment, no processing.
The fee assessment stage can be confusing, especially when figures come back higher than expected. Understanding exactly what each fee covers and whether the assessment is accurate can prevent overpayment and unnecessary delays. It’s best to get a lawyer to do this for you. Click here to talk to a lawyer
STEP 5: Inspection and Verification
After payment, Ministry officials may conduct a physical inspection of the land to:
- Confirm the land exists and matches the documents
- Verify boundaries against the survey plan
- Confirm no government acquisition or encumbrance
- Authenticate the transaction details
This step varies by state — Lagos is more rigorous; some states skip physical inspection for straightforward transactions.
STEP 6: Endorsement and Execution
Once all checks are satisfied, the Deed of Assignment (or relevant document) is presented for the Governor’s endorsement. In practice, a designated official signs on behalf of the Governor.
The endorsed document:
- Bears the official Governor’s Consent stamp/seal
- Shows the consent date and reference number
- Is now legally valid and registrable
The document is then registered at the Land Registry, completing the transaction.
Documents Required for Governor’s Consent in Nigeria
Here is the standard document checklist (may vary slightly by state):
✅ Original Certificate of Occupancy (C of O)
✅ Deed of Assignment (prepared by a lawyer, executed by both parties)
✅ Current survey plan (authenticated by Surveyor General)
✅ Completed application forms
✅ Means of identification for both parties (NIN, passport, driver’s license)
✅ Passport photographs of both parties
✅ Tax clearance certificate (for both parties, in many states)
✅ Ground rent receipts (evidence of up-to-date payment)
✅ Land Use Charge receipts (Lagos State specific)
✅ Probate/Letter of Administration (if transaction follows death of original holder)
✅ Board resolution + CAC documents (if either party is a company)
✅ Stamped Deed of Assignment (duty stamped at Stamp Duty Office first)
Ensure every document is complete before submission. Missing documents are the biggest cause of delays.
Cost of Governor’s Consent in Nigeria
The cost of Governor’s Consent varies by state and land value. It is important to state here that in some states like Lagos, the ministry/agency in charge gives your land whatever value they deem fit. This is because they know that some applicants underquote the value of their property for them to pay fewer fees to the government. So, no matter what you state as your land’s worth, states like Lagos will overlook that and place a value on it, and that’s what your charges will be based on.
Here’s a realistic breakdown:
Official Government Fees (Lagos State Example)
| Fee Type | Rate/Amount |
| Consent fee | 3% of land value |
| Capital gains tax | 2% of land value (if applicable) |
| Stamp duty | 1.5% of consideration |
| Registration fee | 0.5% of land value |
| Ground rent (if arrears) | Varies |
| Survey/charting fee | ₦20,000 – ₦50,000 |
Example calculation for ₦10,000,000 land:
- Consent fee (3%): ₦300,000
- Capital gains tax (2%): ₦200,000
- Stamp duty (1.5%): ₦150,000
- Registration (0.5%): ₦50,000
- Survey/charting: ₦30,000
- Total government fees: ₦730,000
Then there are the professional lawyer’s fees
Fee assessments from the Ministry aren’t always straightforward — errors do occur, and knowing how to read the assessment notice and what each charge represents, or how to challenge it can prevent overpayment. Getting the documentation right the first time also avoids costly resubmission. Its best to do this with a lawyer. Click here to talk to a lawyer
How Long Does It Take?
Processing time for Governor’s Consent Nigeria varies significantly:
- Best case (Lagos, complete documents): 3 – 6 months
- Average case: 6 – 12 months
- Worst case (incomplete documents, delays): 1 – 3 years
Factors that cause delays:
- Incomplete document submission
- Errors in Deed of Assignment
- Outstanding ground rent
- Government backlog (common in Lagos)
- Physical inspection delays
- Payment confirmation issues
How to speed up:
- Submit complete documents the first time
- Clear all outstanding ground rent before applying
- Follow up regularly (monthly at minimum)
- Use a lawyer who handles Ministry of Lands transactions regularly
Common Mistakes to Avoid
1. Assuming Deed of Assignment alone is sufficient
Many buyers sign the deed, pay the money, and move on — never applying for consent. This leaves their title legally defective.
2. Not factoring consent costs into the purchase budget
Consent fees can add 10-15% to your total transaction cost. Budget for this upfront.
3. Submitting incomplete documents
Your file goes to the back of the queue each time something is missing. Get a checklist and verify completeness before submission.
4. Allowing ground rent to fall into arrears
Outstanding ground rent blocks the consent process. Ensure payments are up to date before applying.
5. Not following up regularly
Government offices don’t chase applicants. You must follow up proactively or your file gathers dust.
Conclusion
Governor’s Consent Nigeria isn’t optional or a formality — it’s the legal requirement that makes your land transaction valid. Without it, your Deed of Assignment is worthless in law, no matter how much you paid.
Whether you’re buying, selling, mortgaging, or inheriting C of O land in Nigeria, obtaining Governor’s Consent Nigeria is a non-negotiable step. Plan for it, budget for it, and do it properly.
This process is usually rigorous and there are a lot of hurdles. Getting this right from the start protects your investment and saves you time and money. It’s best to get a lawyer. We don’t just write to teach you Nigerian law simply; we are excellent property lawyers in Nigeria. Feel free to reach our firm on 08030881289.
Frequently Asked Questions
1. Is Governor’s Consent compulsory in Nigeria?
Yes. Under Section 22 of the Land Use Act 1978, Governor’s Consent Nigeria is a legal requirement for any sale, transfer, sublease, mortgage, or assignment of land held under a Certificate of Occupancy. Without it, the transaction is void — legally invalid regardless of any documents signed or money paid. This means a buyer who skips consent has no valid legal title and cannot resell, mortgage, or develop the land without first rectifying this. Governor’s Consent is not optional and cannot be substituted with any other document or agreement.
2. How much does Governor’s Consent cost in Nigeria?
The cost of Governor’s Consent depends on the state and land value. In Lagos State, official government fees typically include: consent fee (3% of land value), capital gains tax (2%), stamp duty (1.5%), and registration fees (0.5%), among others. For a ₦10 million land transaction, total government fees typically fall between ₦700,000 and ₦900,000. Add professional fees for a lawyer (₦200,000 – ₦650,000) and total costs range from ₦900,000 to ₦1,550,000. Other states have different rates, generally lower than Lagos. Always get a formal assessment from the Ministry of Lands in the relevant state for accurate figures.
3. How long does it take to get Governor’s Consent in Nigeria?
Processing time for Governor’s Consent Nigeria ranges from 3-6 months in best-case scenarios to 1-3 years when there are complications. In Lagos — the most active property market — 6-12 months is realistic for complete, error-free applications. Factors that extend processing include incomplete documents, outstanding ground rent, errors in the Deed of Assignment, government backlogs, and delayed physical inspections. Submitting complete documents the first time, clearing all ground rent arrears, and following up regularly are the most effective ways to keep the process moving.
4. Can I sell land without Governor’s Consent?
You can physically attempt to sell it, but the transaction will be legally void without Governor’s Consent Nigeria. A buyer who purchases C of O land without consent gains no valid legal title and cannot legally resell, mortgage, or develop the land — they’re in exactly the same position as Kemi in the introduction. Some buyers knowingly accept this risk for a lower price, intending to regularize later. This is a significant gamble: consent could be refused, the original owner could die, complicating the process, or the delay could stretch for years. The safe approach is to always insist on obtaining consent before completing any payment.
