Understanding Governor’s Consent
Governor’s consent is the approval that must be given by a governor of a state in Nigeria or his delegate in any transaction that has to do with the transfer of ownership or other interest over land or landed property in order to make the transaction valid at law.
The Land Use Act of 1978 puts all land in a State; town and rural area under the control of the Governor and Local Government Chairman, respectively, in trust for the people of the state. Consequent upon this, section 22 of the Act then states that “it shall not be lawful for the holder of a statutory Right of Occupancy granted by the Governor to alienate his Right of Occupancy or any part thereof by assignment, sublease etc without the prior consent of the Governor”.
A growing number of people are getting scammed of their life savings because of their little or no knowledge of property titles. So many who even seem to know still find it difficult to make a clear distinction between a Certificate of Occupancy (C of O) and Governor’s Consent.
Here is a simple analogy; if you are purchasing a new land that has neither been previously occupied by anyone or under acquisition by the Government, then you are entitled to a C of O. If you are however purchasing land that has already been previously acquired by another person then a Governor’s consent is needed to validate such transaction. In other words, only the first person to acquire a virgin land is entitled to a C of O and every other person this property would be transferred to is required under the law to get the Governor’s consent. If that person with the C of O now decides to sell his land to another person after so many years, that person must now obtain the consent of the Governor before that transaction can be deemed legal in the eyes of the Government.
When landowners know that the purchasers of a particular land do not plan to spend money to get their Governors Consent then they begin to resell people’s lands to multiple buyers because they know it’s only the purchaser that perfects his title by obtaining the Governors consent that can lay claim to that land validly in the eyes of the law.
It is therefore imperative when you buy land to immediately start the process of obtaining Governor’s consent after you have bought land and a Deed of Assignment has been drawn up.
What is The Process For Obtaining Governor’s Consent in Lagos State?
- Dated letter of application with addresses and phone numbers.
- A duly completed form 1c. The form must be dated and signed by the parties to the transaction and sworn to before a Magistrate or Notary Public
- A certified true copy of Grantors title document
- Grantors tax clearance certificate /developmental levy receipt
- Grantees’ tax clearance certificate/developmental levy receipt
- 4 copies of a duly executed sublease, deed of assignment (with survey plans attached in each copy), mortgages or power of attorney.
- Charitable survey plans
- Evidence of payment of charting, endorsement, and form 1c (#10,500)
- Evidence of payment of ground rent/land use charge
- Building plan or photograph of the property.
- Submit documents to the Surveyor General’s office for charting. If there are no defects in the survey plan, a clean report is sent to the Lands Bureau and a demand notice is issued to the applicant for the following fees:
- Consent fee-8% of the assessed value of the property
- Capital gains tax-2% of the assessed value of the property
- Stamp Duty fee-2% of the assessed value of the property
- Registration fee -3% of the assessed value of the property
- Current tax clearance certificates of the parties to the property transaction. If you have none, an assessment is raised immediately for you.
- The application is sent to any of the commissioners that are specifically designated for that purpose to append their signature.
- Documents are sent back to the applicant to do stamp duty and final registration.
- The deed of assignment then becomes Governor’s Consent; it is now a registered title. It is the registered title that is called “Deed”.