Here is the law behind every land headache in Nigeria. Under the Land Use Act of 1978, all land in a state is vested in the Governor, who holds it in trust for the people. You usually hold a right of occupancy, not outright ownership, and a sale, mortgage or transfer needs the Governor’s consent under Section 22. Without it the deal can be void, even if you have paid in full.
If you have ever wondered why you need a C of O, why consent costs so much, or why a government project can take your plot, the answer sits in one Act. This guide explains it in plain words, from the view of a buyer, a diaspora owner and a small developer. It is not legal advice; speak to a Nigerian property lawyer before you act.
What does the Land Use Act actually say?
It puts control of land in the Governor’s hands. The Act, which dates from 1978, vests all land in each state in the Governor to hold in trust for the people. Individuals and companies get rights over land, not the land itself. That is why the document you are chasing is called a certificate of occupancy.
What is the difference between a statutory and a customary right of occupancy?
| Type | Who grants it | Typical use |
|---|---|---|
| Statutory right of occupancy | The Governor | Usually 99 years for residential use, shorter for commercial and industrial uses |
| Customary right of occupancy | Local government | Mainly rural farming and residential land under traditional tenure |
For most urban buyers, the title you want is a statutory right, evidenced by a C of O. See our guide to land titles in Nigeria for how the documents compare.
Why do you need the Governor’s consent?
Because Section 22 says so. Any sale, mortgage or transfer of land needs the Governor’s consent first. A deal done without it can be void and unenforceable, even after the money has changed hands. That is the single most costly gap in many local land deals. Read what Governor’s consent costs and how the process works, and what a C of O costs.
Can the government take your land?
Yes, in limited circumstances. The Governor can revoke a right of occupancy for an overriding public interest, such as an infrastructure project. The Act requires compensation for unexhausted improvements on the land, but how fairly that is valued is a persistent complaint. Revocation also happens for other reasons: in Abuja the FCT Administration has revoked plots over unpaid ground rent, as we explain in our Abuja land revocation guide.
What does this mean for you?
If you are a Nigerian abroad buying land
Ask one question first: what exactly is being sold to me, and has the consent been obtained? A seller’s receipt and a survey plan are not a title. Have a lawyer search the registry and confirm the consent position before you send money.
If you are a first-time local buyer
Do not assume a signed agreement protects you. Budget time and money for consent and registration, and treat “we will do the consent later” as a warning.
If you are a small developer or self-builder
Your title, your approvals and your consent all trace back to the Act. Keep the chain of documents complete before you build, because lenders and later buyers will ask for it.
Is the Land Use Act being reformed?
There is a push, but we found no new law in force. At the National Land Conference in Abuja in March 2025, Vice President Kashim Shettima, speaking through his Deputy Chief of Staff, said the Act is “unquestionably in need of revision.” The same report cited a World Bank ranking of 169th out of 190 countries for property registration and an IFC estimate that only about 3% of urban land is formally registered. It also said four task teams were set up in January 2024 to streamline land administration, and that an executive bill for a national land commission was awaiting the National Assembly. That was the position then; check for any update before relying on it.
Worth knowing: the Land Use Act is part of the Constitution, which is why changing it is hard. Treat reform headlines as direction of travel, not as rules that apply to your deal today.
Before you pay for any land, check the title, the consent position and the registry record, in that order.
What to do this week
- Write down which right of occupancy your land sits under and where the document is kept.
- Ask your lawyer to confirm whether consent was obtained on your last transfer.
- Before any new purchase, follow our registry search, step by step.
Frequently asked questions
Who owns land in Nigeria under the Land Use Act?
The Act vests all land in each state in the Governor, who holds it in trust for the people. Individuals hold rights of occupancy.
How long is a right of occupancy?
Statutory rights for residential use are typically 99 years, with shorter terms for commercial and industrial uses.
Is Governor’s consent compulsory?
Under Section 22, a sale, mortgage or transfer needs the Governor’s consent first. Without it, the transaction can be void.
Can the Governor revoke my land?
For an overriding public interest, yes, with compensation for unexhausted improvements. Other revocations can follow breaches such as unpaid ground rent.
Has the Land Use Act been amended?
Calls for reform are public, including from the Vice President in March 2025, but we found no replacement law in force. Confirm with a lawyer.
Sources (opened 4 October 2026): Nigeria Housing Market guide to the Land Use Act; Nigeria Housing Market on the National Land Conference, 31 Mar 2025. This is general information, not legal advice. Last updated: 4 October 2026. Journalists and researchers may cite this with attribution to LandsofNigeria.com.
