Legal · 6 min read
C of O vs Governor's Consent Explained
Every Nigerian land transaction hinges on these two documents. Here is what each one really means, in plain English.
The two-document reality
Under the Land Use Act (1978), all land in Nigeria is vested in the state Governor. Everyone else holds a right of occupancy — evidenced by one of two papers.
Certificate of Occupancy (C of O)
- Issued directly by the Governor for a term (usually 99 years).
- Strongest title outside gazetted federal land.
- Required by most banks for mortgage collateral.
Governor's Consent
- When land with an existing C of O changes hands, the new owner needs the Governor to consent to the transfer.
- Without consent, the sale is technically void under s.22 of the LUA.
- Consent is often skipped for cost reasons — leaving buyers exposed.
What to check before you pay
- Search at the state Lands Registry.
- Confirm the seller's name matches the C of O.
- Verify no pending encumbrance.
- Insist on Governor's Consent for any onward transfer.