How Governor's Consent is obtained in Lagos
Section 22 of the Land Use Act says the holder of a statutory right of occupancy must not transfer, mortgage, sublease or part with possession of it without the governor's consent first. In practice the consent is applied for straight after the deal is signed, and the transaction is treated as incomplete until consent is given.
The usual Lagos process:
- Buyer and seller sign a deed of assignment (or a mortgage or lease deed).
- The buyer files the consent application with the Lands Bureau, now largely through the e-GIS portal, with the deed, survey plan, the seller's title and tax and identity documents.
- The Lands Bureau assesses the charges on the property's value using its Blue Book, and the buyer pays them. The current rates are in the figures box.
- The Surveyor-General charts the survey to confirm the land is within the seller's title and free from acquisition.
- The governor's delegated officer endorses consent on the deed, which is then stamped and registered at the Land Registry.
What consent does not do. Consent confirms a transaction; it does not guarantee the seller had good title. A consent obtained by fraud can be set aside, and a defective root of title stays defective.
Who needs it. It attaches to transfers. The first holder of a C of O does not need consent for their own grant; every later buyer, lender or lessee does.
The 2026 change in Lagos. The percentages are unchanged, but since 1 May 2026 they are applied to the new Blue Book values, which are much higher in many areas. Applications filed before that date stay on the 2021 values.
Differences by state
- Lagos: Lands Bureau, consent application form, Surveyor-General charting, then registration. Former federal land in Lagos is also required to get state consent (see Federal land and double consent).
- Abuja (FCT): the FCT Minister's consent, processed through AGIS.
- Other states: the state Ministry of Lands handles consent, with its own forms and charges.
What to check
- That the seller's own title is genuine and consented, by searching the registry before you pay.
- That the deed names the right parties and describes the land by its survey plan.
- Who pays the consent charges; the sale contract should say.
- That the consent is endorsed on the original deed and the deed is then registered.
Red flags
- A seller who says consent is "not necessary" for C of O land.
- A "deed with consent" that cannot be found at the registry.
- A request to pay consent charges to an agent's personal account.
- Consent quoted as a flat fee unrelated to the property's assessed value.
Typical cost or timeline
Governor's Consent charge (Lagos)
1.5 % of the assessed property value
As of October 2026
Lagos Blue Book values used for consent charges took effect
1 May 2026 effective date
As of October 2026
Sources differ
SOURCE 1
Consent is mandatory for any alienation of a statutory right of occupancy, and a transfer without it is void or at best incomplete (Savannah Bank v Ajilo line of cases, as summarised).
September 2021
SOURCE 2
The Supreme Court in Yakubu Ibrahim v Obaje held that consent is not required for private dealings in land not held under a statutory right of occupancy; commentators call the position uncertain.
September 2021
SOURCE 3
The statute requires the governor's consent before any statutory right is transferred, mortgaged or subleased.
Federal Republic of Nigeria (via PLAC Laws of Nigeria)
1978
Governor's Consent vs C of O
| Aspect | Governor's Consent | C of O |
|---|---|---|
| What it approves | A transfer, mortgage or lease of an existing right | The grant of the right itself |
| Applied for by | The buyer, lender or lessee | The person being granted the right |
| Charges | A percentage of assessed value in Lagos | Varies by state; value-based in Lagos |
| Final document | Consented and registered deed | The certificate |
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Questions
What is Governor's Consent in Nigeria?
It is the governor's approval of a transfer of land that already has a statutory right of occupancy, such as a sale, mortgage or long lease.
How much is Governor's Consent in Lagos?
Lagos charges a percentage of the property's assessed value, set out in the figures box. Since 1 May 2026 the value comes from the revised Blue Book, so bills are higher in many areas.
Is Governor's Consent the same as C of O?
No. A C of O grants a right of occupancy; Governor's Consent approves a later transfer of that right. A buyer of C of O land gets consent, not a new C of O.
Do I need Governor's Consent if the land has no C of O?
Courts have answered this differently; see the Sources differ box. For land under a statutory right, consent is required.
What happens if I buy land without Governor's Consent?
Your interest may be treated as incomplete or unenforceable against others, and the land is weak security for a loan. Get legal advice on your specific case.
Related terms
Sources
- 1. Land Use Act 1978 (Cap L5 LFN 2004) Federal Republic of Nigeria (via PLAC Laws of Nigeria) · checked 13 October 2026
- 2. The recent decision of the Supreme Court in Yakubu v Simon Obaje Templars · checked 13 October 2026
- 3. Process of buying property and land registration in Lagos, Nigeria Mondaq · checked 13 October 2026
- 4. Registering properties in Nigeria: a case for streamlining the process Banwo & Ighodalo · checked 13 October 2026
- 5. Nigeria: real estate legislation DLA Piper Real World · checked 13 October 2026
- 6. Fashola slashes rates on Lagos land transactions to woo investors BusinessDay · checked 13 October 2026
- 7. Land transaction fees reduced Estate Intel · checked 13 October 2026
- 8. Lagos State Blue Book to take effect from 1 May 2026 Aluko & Oyebode · checked 13 October 2026
- 9. Lands Bureau revises fair market value of properties within Lagos State Mondaq · checked 13 October 2026
- 10. Lagos deploys GIS, AI, LiDAR to tackle land planning crisis ThisDay · checked 13 October 2026
Cite this definition
"Governor's Consent", Nigeria Property Centre Property Glossary, last checked 13 October 2026, https://nigeriapropertycentre.com/glossary/governors-consent
You may reuse this definition under CC BY 4.0 with credit to Nigeria Property Centre and a link to this page.
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