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OBTAINING GOVERNORS CONSENT





Obtaining Governors consent from the Land Bureau is not the simplest thing to get a hold of despite the importance attached to it. On the Lagos state website, it is stated that a Governors Consent can be obtained within 30 days but in our experience that has been nearly impossible even though the Government is trying all it can to meet up with this expectation. A Governor’s consent that naturally should be concluded within 30 days could translate to 6-months or a Year to perfect based on the strength of the agency/consultant handling the job.

The requirement of Governor’s consent is critical and of great importance to mortgage transaction .In SAVANNAH BANK V. AJILO (1989)1 NWLR Pt97 Pg 305, the respondent mortgaged his land which he acquired before the Land use act to secure a loan. Being a legal mortgage, the appellant who is the mortgagee decide to exercise his statutory power of sale when the mortgagor/respondent refuses to pay the loan. The respondents commence an action to stop the sale of the mortgaged property on the ground that the Governor’s consent was not obtained. The Supreme Court held that for both actual grant and deems grant the consent of the Governor is needed and failure to obtain such consent renders the mortgage void (that is not enforceable by the court).

ADVANTAGES OF OBTAINING GOVERNORS’ CONSENT

1.       Evidence of Ownership
2.       Higher Property Value
3.        Security of Title
4.        Ease of Transaction.

THE FEATURES OF GOVERNORS CONSENT MUST CONTAIN THE FOLLOWING

1.         The Form 1c; which must be signed by the purchaser and vendor that has either a Gazette or Global C of O or in the case of an Individual that has a private C of O granted to him by the Governor.

2.         A covering application letter by the Agent or by the Attorney to the Applicant filing the application for Governor’s consent. Contained in the letter must also be the address, telephone numbers, mobile numbers and where possible an email address of the Applicant.

3.        A certified original copy of the Title document of the property.

4.         Four copies of a Deed of Assignment prepared by the buyer's Solicitor who must include signatures of the parties to the transaction, the cost of the land/property, size of the land description of the land, the copy of the survey attached to it and signature of witnesses to the transaction.

  1. Photographs’ of the property

  1. Three passport photographs of the Assignee on white background attached to the front page of each copy of the deed.
7.        Current tax clearance certificate of the parties involved in the property transaction. Please note that if you do not have one, an assessment is raised immediately in that regard.

  • The Consent will be heavily stamped from the beginning to the end and upon completion and payment of the requisite fees, the Governor or his representatives such as the Commissioners will sign and date the Consent and stamp it with their official Seal.

  •  The land bureau after that will assign a Consent number to that document for reference purpose for life and it’s with this Consent number that the documents will be registered and recorded in their archives for future references. 


  • All these documents are forwarded to the office of the Surveyor General for charting. If there are no defects in the survey plan, a clean report is sent to the Lands Bureau and a demand notice is issued to the applicant for the following fees which are percentages of the assessed value of the property. These fees are paid via bank draft in the name of Lagos State Government and receipts are issued.

    Ø Consent fees – 8%
    Ø Capital gains tax – 2%
    Ø Stamp duty fee – 2%
    Ø Registration fee – 3%

    From experience it takes three months to conclude a Governors’ consent from the point of payment of the assessment.Although the State Government has a 30days Approval project which was launched in the early part of the ACN government in Lagos, however what applies in practice is simply a case of “WHAT THE LAW IS AND WHAT THE LAW OUGHT TO BE”

    PERFECTION OF LEGAL TITLE: GOVERNOR’S CONSENT

    The land ownership system in pre-colonial Nigeria was communal. Land was deemed not owned by individuals but by communities and families in trust for all the family members. The legal estate under customary land tenancy is vested in the family or community as a unit.
    The Land Use Act of 1978 was enacted to redirect the general philosophies of pre-existing land tenure systems in Nigeria through the application of a uniform statutory regulation of ownership and control of land rights and to stimulate easier access to land for greater economic development as well as promote national and social cohesion.
    The statutory right of occupancy granted by a Governor is presently the highest right to land in Nigeria. This right of occupancy is a right which allows the holder to use or occupy land to the exclusion of all other persons except the Governor and is granted for a maximum holding period of 99 years, subject to the payment of ground rent fixed by the Governor throughout the holding period.
    An individual in possession of Land with a certificate of occupancy who desires to transfer ownership of a titled land with CofO would require as provided under the Land Use Act, 1978 the consent of the Governor of that state for such transaction before the transaction can be deemed legal in the eyes of the Government.  In UNION BANK OF NIGERIA AND ANOR V. AYODARA AND SONS (NIG) LTD (2007)13 NWLR Pt 1052 Pg 567, the respondent obtained a loan from the appellant and executed a deed of legal mortgage on his property. The consent of the Governor in respect of alienation of the property was communicated by the chief land officer for the permanent secretary who acted for the honorable commissioner of lands and housing to who powers to give consent was delegated. When the respondent/mortgagor defaulted in payment, the appellant move to sale the property. The respondent challenge the sale of the property on the ground that the consent of the Governor was not duly obtained. The Supreme Court held that the chief land officer for the permanent secretary for the commissioner of land and housing was not the proper person to give consent as such power cannot be exercise by him. Thus non-conformity with Section 22 of the land use act renders the mortgage transaction void.
    The power of the Governor to give his consent in certain transactions is provided for in Section 22 of the Land Use Act 1978 which 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, and transfer of possession, subleases or otherwise howsoever without the consent of the Governor first had and obtained”.
      This power confers on the Governor the right to consent to any of the transactions stipulated in the Act, provided that they are valid. However, if the initial certificate of occupancy which is the root title of the land is obtained fraudulently, the Governor may revoke same immediately. The promulgation of the Act brought about the vesting of exclusive powers over land within the territory of any given State in the Governor of that State.
    Sections 21 and 22 of the Act prohibit alienation, assignment, mortgage, transfer of possession, sub – lease or otherwise howsoever customary or statutory rights of occupancy in Nigeria without the consent and approval of the Governor of the state where such right of occupancy was granted.
      Since the land is held in trust by the state government, the Governor needs to approve that transaction. Otherwise, the title that will be passed would be deemed imperfect. This means that the final authority on landed matters is not aware of the transaction, the implications can be terrible a times especially if one of the parties to the transaction decides to be “dubious”.
      In the occasion where a property owner desires to exercise his rights over his property in which he holds an equitable interest when such owner decides to resell, mortgage, grant an interest in the property for long periods of time (3 years or more) or carry out other transactions prescribed by the Act on the property, the consent of the Governor will be required to validate such transaction. Failure to obtain the required consent renders the transaction null and void, thus making the rights of any third party unenforceable in the event of a breach of contract.
    Therefore, for a transaction of this nature to be valid, a deed of assignment, deed sub-lease, deed of partition, deed of mortgage and so on must be drafted by a Lawyer, duly signed by both parties and acknowledged by the Governor through a consent vesting a valid title on the purchaser and subsequent transactions on the same land would be registered as a Governors Consent.
      In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governor’s consentThere can only be one Owner of the Certificate of Occupancy on a Land and it will not be replicated for another person once the land has been sold or transferred to another person.

    In addition, an advantage of having a Governor’s consent is that you can transfer your land to another person without going back to the initial seller or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before one can process Governors consent. 

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