Governor’s Consent: Why It Matters in Lagos Property Transactions

For many individuals and businesses, acquiring property is one of the most significant investments they will ever make. Yet one of the most common and costly oversights in Nigerian property transactions is the failure to perfect title — in particular, by obtaining the Governor’s Consent.

What the law requires

Under the Land Use Act 1978, land in each State is vested in the Governor and held in trust for the use and common benefit of all Nigerians. Section 22 of the Act provides that the holder of a statutory right of occupancy may not alienate that right — whether by assignment, mortgage, transfer of possession, sublease or otherwise — without the consent of the Governor first had and obtained.

Section 26 provides that any transaction or instrument which purports to confer or vest an interest in land other than in accordance with the Act shall be null and void. In practice, a buyer who pays for property but never obtains consent may be left with an incomplete title.

Why title perfection protects you

• It confirms that the State recognises the transfer of interest to you.
• It allows the deed to be registered, creating a public record of your ownership.
• It strengthens your position if your title is ever challenged.
• It makes the property easier to sell, mortgage or offer as security in future.

Practical steps before you buy

• Conduct a search at the relevant Land Registry to confirm the root of title and any encumbrances.
• Verify the survey plan and confirm the land is not affected by government acquisition.
• Review the vendor’s title documents carefully before any payment is made.
• Ensure the deed of assignment is properly prepared, executed and stamped.
• Apply for the Governor’s Consent promptly and follow through to registration.

Property due diligence is not a formality. A careful review at the outset can save years of uncertainty and litigation.