Governor’s Consent is an approval associated with specified dealings in a statutory right of occupancy under section 22 of Nigeria’s Land Use Act. Do not assume the requirement depends only on whether somebody can show you a printed C of O. Have a Nigerian property lawyer identify the interest being transferred, the applicable consent or approval, and the steps required for your transaction.
Corrected 19 September 2026: the earlier article overstated the C of O distinction and presented a blanket 3% cost model. That model has been removed; it is not a verified current tax or fee assessment.
What the law distinguishes
The Land Use Act, sections 21, 22 and 26, distinguishes dealings in customary and statutory rights of occupancy and addresses transactions contrary to the Act. Section 22 includes exceptions. A blog cannot determine the legal effect of your documents, the timing of a particular step or the consequences of an incomplete transaction.
Ask your lawyer to explain the position in writing before you commit. Do not take “the seller has a C of O” as proof that your proposed purchase is fully documented, or “there is no C of O” as proof that no approval is needed.
Consent, title investigation and registration are different jobs
Consent is not a substitute for checking the seller’s rights, the land’s identity, restrictions and the history of the interest being sold. Nor should you treat a receipt for an application as evidence that it has been granted.
Agree who will handle each required step, what evidence you will receive and what happens if a query or defect appears. Have your lawyer distinguish the sale agreement, transfer instrument, applicable stamping, consent and registration rather than treating them as one indistinct “paperwork” charge.
How much does Governor’s Consent cost?
There is no verified universal percentage or current nationwide fee total in this article. Obtain a written, transaction-specific assessment from the relevant authority and a separate professional-fee quote. State procedures, valuation bases and the nature of the transaction matter.
The previous table treated consent fees, stamp duty, registration and capital gains tax as fixed percentages of the same value. That is not a reliable way to establish liability. Ask your lawyer and tax adviser to identify the current legal basis, taxable person and calculation for any tax, separately from administrative fees.
| Heading | Evidence to request |
|---|---|
| Professional work | Written scope and fee, including exclusions |
| Applicable official fees | Current assessment, authority and payment reference |
| Tax or duty | Applicable law, liable party, basis and qualified advice |
| Searches and documents | Purpose, issuing body and agreed charge |
| Other expenses | Explanation and approval before they are incurred |
Where a charge uses an assessed value, ask for that value and its basis; do not substitute the advertised price. Keep receipts and distinguish official payments from money paid to an intermediary.
What to agree before signing
- Who investigates the title and reports to you independently?
- What interest is being transferred, and what approvals are required?
- Who signs and supplies the necessary documents?
- Who pays each charge under the agreement?
- What are the payment conditions, deadlines and remedies if a problem appears?
- Who follows the application through and delivers the final evidence?
These are questions for your advisers, not ready-made contractual clauses. Do not rely on the seller’s assurance that a missing step “can be done later” without advice on the consequences.
Track the application, not just the money spent
Keep a private register of documents submitted, acknowledgements, reference numbers, assessments, payments, queries and responses. Ask the responsible professional to separate “submitted”, “assessed”, “paid”, “approved” and “registered”, where those stages apply.
A payment receipt is useful evidence of a payment. It does not automatically establish the status of every later step. Request a written explanation of any outstanding action and verify material claims through the relevant authority.
How long does the process take?
No guaranteed turnaround is supplied here. Ask the current registry for its published service standard and ask your lawyer which dependencies could affect your case. Distinguish an official target from an assurance that your particular file will finish by a fixed date.
Frequently asked questions
Is Governor’s Consent the same as a Certificate of Occupancy?
No. They serve different purposes. Have your lawyer explain the right of occupancy, the evidence of that right and any approval required for the proposed dealing. A document label alone does not complete the investigation.
Is family or excised land automatically exempt?
Do not assume that. The nature of the interest, applicable law and proposed transaction need to be assessed. Ask for advice specific to the land instead of applying a blanket “no C of O, no consent” rule.
Does obtaining consent cure every problem with a purchase?
No such assurance is made here. A dispute about the seller’s rights, a boundary discrepancy or a defective document needs its own investigation and advice.
Who pays the costs?
Have the parties’ obligations recorded in the agreement and check any statutory liability separately. Do not assume that a commonly advertised percentage determines either the amount or who legally owes it.
What should a buyer abroad request?
A written scope from their own adviser, a document and cost register, copies of official responses, and a clear explanation of what is complete and what remains outstanding. Keep sensitive documents out of public chats.
Organise your purchase checks: start with the Land and Property Verification Checklist page, then take your documents to a qualified Nigerian property lawyer. The checklist is educational, not a title certification.
Related: survey-plan costs and quote questions and questions to ask a property developer.
General legal education, not advice on a specific transaction. Primary legal reference: Land Use Act, especially sections 21, 22 and 26. No current Lagos fee percentage, tax rate or processing-time guarantee has been independently established for this guide.
