Governor’s Consent is a critical part of perfecting many land transactions in Lagos State. Where the holder of a statutory right of occupancy assigns, mortgages, subleases or otherwise alienates the interest in circumstances covered by section 22 of the Land Use Act, the Governor’s prior consent is required. A transaction that requires consent should therefore be properly processed through the Lagos State land administration system. Obtaining Governor’s Consent is not simply a matter of submitting a Deed of Assignment and waiting for an endorsement. The transaction undergoes documentary, survey, title and administrative checks before the relevant consent and registration processes are completed. This article explains the practical process of obtaining Governor’s Consent in Lagos State and the documents generally required. What Is Governor’s Consent? Governor’s Consent is the statutory consent required for certain dealings with a statutory right of occupancy. Section 22 of the Land Use Act provides that the holder of a statutory right of occupancy shall not alienate the right, or any part of it, by assignment, mortgage, transfer of possession, sublease or otherwise without the prior consent of the Governor. The requirement is particularly relevant where an existing holder of a statutory right of occupancy transfers an interest in the property to another person. The previous article, “Governor’s Consent in Nigeria: When Is It Required?”, explains the circumstances in which consent is required. Who Processes Governor’s Consent in Lagos? In Lagos State, land administration functions are handled through the Lagos State Lands Bureau and the state’s land administration framework. The Lagos State Government’s official resources identify the Lands Bureau and provide access to land-related services through its government service platforms. Applications should therefore be made through the applicable official Lagos State land administration process rather than through unofficial intermediaries. When Should You Apply for Governor’s Consent? Where a transaction requires Governor’s Consent, the consent should be incorporated into the transaction’s completion and perfection process. A buyer should not treat consent as an optional document to be obtained only when the property is eventually sold again. For a typical assignment, the parties should first establish the seller’s title, prepare and execute the appropriate instrument, and then process the required consent and registration in accordance with the applicable requirements. The precise sequence can depend on the nature of the transaction and the state requirements applicable at the time. Documents Required for Governor’s Consent in Lagos The exact documentary requirements can vary according to the nature of the transaction and the current requirements of the Lands Bureau. For a typical assignment, the application commonly requires documents such as: 1. Deed of Assignment The executed Deed of Assignment is the principal instrument evidencing the transaction between the assignor and assignee. The deed should accurately identify: The assignor; The assignee; The property; The nature of the interest being transferred; The consideration; The root of title; and The relevant survey and property particulars. The deed should be properly prepared before submission. 2. Certified True Copy of the Root of Title The applicant will generally need evidence of the title from which the interest being transferred derives. Depending on the property, this can include a: Certificate of Occupancy; Previously registered Deed of Assignment with Governor’s Consent; Deed of Conveyance; Government allocation document; or Other acceptable title document. The relevant title should be independently investigated rather than merely attached to the application. 3. Survey Plan The application will ordinarily require survey information identifying the property. The survey should correspond with the property being transferred and satisfy the applicable survey and charting requirements. Lagos State’s official planning materials recognise title documents and survey documentation as important components of property and development applications. 4. Application Form The applicable land administration form must be properly completed and submitted with the application. Historically, Land Form 1C has been used for applications for Governor’s Consent in Lagos. 5. Identification and Photographs Identification documents and passport photographs of the relevant parties may be required as part of the application. The precise requirements should be confirmed against the current Lands Bureau checklist applicable to the particular transaction. 6. Corporate Documents Where a company is a party to the transaction, the relevant corporate documents will be required. These can include evidence of incorporation and documents establishing the company’s relevant particulars and authority to participate in the transaction. 7. Tax and Other Statutory Documents Depending on the transaction and the stage of processing, the parties may be required to provide evidence of tax compliance and other statutory payments or documents. These requirements should be dealt with as part of the application rather than left until the final stage. Step-by-Step Process for Obtaining Governor’s Consent in Lagos Although individual transactions can differ, the process generally follows these stages. Step 1: Investigate the Existing Title Before preparing the application, the buyer’s lawyer should investigate the seller’s title. This should establish: The identity of the registered holder; The root of title; The property’s location and survey details; Existing encumbrances; Mortgages or charges; Previous assignments; Restrictions; Litigation or competing interests; and Whether the seller has authority to transfer the interest. This is essential because Governor’s Consent is not a substitute for title due diligence. Step 2: Prepare the Transaction Documents The appropriate instrument, such as a Deed of Assignment, should be prepared to reflect the transaction. The deed should accurately describe the property and the interest being transferred. Errors in the property description, parties, root of title or execution can result in queries or delays during processing. Step 3: Execute the Deed The parties execute the transaction document in accordance with applicable legal requirements. The buyer should ensure that the executed instrument accurately reflects the agreement between the parties before proceeding to the consent process. Step 4: Prepare the Consent Application The application is compiled with the required supporting documents. For a typical assignment, this will include the relevant title documents, executed Deed of Assignment, survey information and the other documents required by the Lands Bureau. Step 5: Submit the Application The application is submitted through the
Governor’s Consent in Nigeria: When Is It Required?
Governor’s Consent is one of the most important concepts in Nigerian land transactions. Buyers, sellers, developers and property investors frequently encounter the requirement when land or property is being transferred. A common mistake, however, is to assume that Governor’s Consent is required for every transaction involving land or that every property without a Governor’s Consent is automatically worthless. The legal position is more specific. Under the Land Use Act, the requirement principally arises in connection with the alienation of a statutory right of occupancy. Understanding when consent is required, what transactions trigger it and the consequences of failing to obtain it is essential before buying, selling, mortgaging or transferring property in Nigeria. What Is Governor’s Consent? Governor’s Consent is the consent of the Governor required under the Land Use Act for certain dealings with a statutory right of occupancy. Section 22(1) of the Land Use Act provides that the holder of a statutory right of occupancy granted by the Governor cannot alienate the right, or any part of it, by assignment, mortgage, transfer of possession, sublease or otherwise without first obtaining the Governor’s consent, subject to the exceptions contained in the Act. The requirement is therefore connected to the alienation of a statutory right of occupancy. It is not simply another document that every landowner must obtain before owning or possessing land. When Is Governor’s Consent Required? Governor’s Consent is generally required where the holder of a statutory right of occupancy seeks to alienate the right or an interest in it. This includes several important transactions. 1. Assignment of a Statutory Right of Occupancy An assignment involves the transfer of the holder’s interest in land to another person. For example, where A holds a statutory right of occupancy and agrees to transfer his interest in the property to B, the transaction will generally require the Governor’s consent under section 22 of the Land Use Act. This is one of the most common circumstances in which buyers encounter Governor’s Consent. 2. Mortgage of a Statutory Right of Occupancy Governor’s Consent is also relevant where a statutory right of occupancy is mortgaged. A property owner who wishes to use the property as security for a loan should therefore consider the applicable consent requirements before creating the mortgage. The Land Use Act contains a specific exception concerning the creation of a legal mortgage in favour of a person where an equitable mortgage over the right of occupancy has already been created with the Governor’s consent. 3. Sublease The grant of a sublease over land covered by a statutory right of occupancy can also require Governor’s Consent. Section 22 expressly includes sublease among the transactions requiring consent, while section 23 deals specifically with sub-underleases. 4. Transfer of Possession The requirement is not limited to documents labelled “Deed of Assignment.” Section 22 refers expressly to the transfer of possession and to alienation “otherwise howsoever.” The substance of the transaction therefore matters. A party should not assume that simply changing the name or form of the transaction eliminates the statutory requirement. When Is Governor’s Consent Not Automatically Required? Not every dealing with land falls under section 22. The requirement should be examined in light of the nature of the interest and the transaction. Customary Rights of Occupancy Customary rights of occupancy are dealt with separately under section 21 of the Land Use Act. Section 21 provides that a customary right of occupancy cannot generally be alienated by assignment, mortgage, transfer of possession, sublease or otherwise without the requisite consent or approval. For transactions other than the specified court-sale situation, the approval of the appropriate local government is required. Accordingly, it is incorrect to treat every land transaction in Nigeria as if section 22 automatically applies. The nature of the right of occupancy must first be established. Does Every Deed of Assignment Require Governor’s Consent? A Deed of Assignment involving the alienation of a statutory right of occupancy will generally require the relevant consent. However, the fact that a document is called a “Deed of Assignment” does not by itself answer every question about the transaction. A lawyer should establish: The nature of the interest being transferred; The root of title; Whether the interest is statutory or customary; Whether the transaction constitutes an alienation; Whether a statutory exception applies; The applicable state land administration requirements; and The steps required to perfect the transaction. This is particularly important because land transactions can involve different interests and stages of title. What Is the Difference Between a C of O and Governor’s Consent? A Certificate of Occupancy and Governor’s Consent serve different purposes. A Certificate of Occupancy is generally evidence of a grant or recognition of a right of occupancy. Governor’s Consent, on the other hand, concerns the required consent to a subsequent alienation of a statutory right of occupancy. For example, a person may hold a Certificate of Occupancy and subsequently sell or assign the property to another person. The subsequent assignment can trigger the requirement for Governor’s Consent. Therefore, a buyer should not assume that seeing the seller’s C of O means that the buyer’s acquisition is automatically perfected. Why Is Governor’s Consent Important to a Buyer? Suppose a seller shows a buyer a valid C of O. The buyer pays the purchase price and receives a Deed of Assignment. That does not necessarily mean that all statutory requirements relating to the transfer have been completed. Where the transaction requires Governor’s Consent, the consent forms an important part of the process of perfecting the buyer’s interest. This is why property buyers should consider not merely whether the seller has title, but also how the buyer’s own interest will be legally transferred and perfected. What Happens If Governor’s Consent Is Required but Not Obtained? Where Governor’s Consent is required under section 22 of the Land Use Act and the parties proceed to alienate a statutory right of occupancy without first obtaining the required consent, the transaction is null and void by virtue of section 26 of the Act.