Governor's Consent Application (Nigeria)

A Governor's Consent Application in Nigeria is a formal petition submitted to the Governor of a state (acting through the State Lands Bureau or Ministry of Lands) seeking the mandatory prior consent required under Section 22 of the Land Use Act 1978 before a holder of a statutory or customary right of occupancy may alienate, assign, mortgage, transfer, sublease, or otherwise dispose of their right of occupancy over land in Nigeria.

The Land Use Act 1978 — enacted as Decree No. 6 of 1978 and now constitutionally entrenched in Section 315 and the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999 — vests all land in each state of Nigeria in the Governor of that state as trustee for the use and common benefit of all Nigerians. This radical vesting of title in the governor fundamentally transformed Nigerian land law: private individuals no longer hold freehold ownership of land but rather hold rights of occupancy — either statutory rights of occupancy (granted by the governor for urban land under Section 5 of the LUA) or customary rights of occupancy (granted by local government councils for rural land under Section 6 of the LUA).

Section 22 of the Land Use Act 1978 provides that a holder of a statutory right of occupancy shall not alienate, assign, mortgage, transfer, sublease, or sub-let the right without the prior consent of the Governor. Any alienation effected without the required governor's consent is void ab initio — a position confirmed by the Supreme Court of Nigeria in Savannah Bank of Nigeria Ltd v Ajilo [1989] 1 NWLR (Pt 97) 305 and reiterated in Awoyemi v Adebowale [1996] 4 NWLR (Pt 440) 49. The consequence of this rule is that every sale, assignment, or mortgage of urban land in Nigeria requires a governor's consent application before the transaction can be legally completed and registered.

The governor's consent function is typically delegated to the Commissioner for Lands or the Permanent Secretary of the Ministry of Lands in each state. The Lagos State Lands Bureau, the Rivers State Ministry of Lands, and the Abuja Geographic Information Systems (AGIS) office under the Federal Capital Territory Administration (FCTA) are the principal bodies processing governor's consent applications in their respective jurisdictions.

The legal framework governing the Governor's Consent Application (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Governor's Consent Application (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Land Use Act 1978 (Cap. L5, LFN 2004) sets the foundational requirements.

A Governor's Consent Application is required in Nigeria before any alienation of a right of occupancy over urban land in any of the 36 states or the Federal Capital Territory (Abuja).

A Governor's Consent Application is required before completing the sale of residential, commercial, or industrial property in any Nigerian city, including Lagos, Abuja, Port Harcourt, Ibadan, Kano, or Enugu. Without the governor's consent, the Deed of Assignment, Deed of Conveyance, or Contract of Sale cannot be registered at the State Land Registry and is void as a matter of law.

A Governor's Consent Application is required before a property owner mortgages their land or building to a bank or financial institution as collateral for a loan. Without governor's consent, the mortgage deed is unenforceable and the bank cannot exercise a power of sale over the mortgaged property — an issue frequently litigated in Nigerian courts, including in Bank of the North Ltd v Aliyu [2010] and related decisions of the Court of Appeal.

A Governor's Consent Application is required before a landlord grants a sublease of a property held under a Certificate of Occupancy (C of O) for a term of three years or more. Short-term lettings (typically below three years in most states) are generally exempt from the consent requirement under Section 21 of the Land Use Act 1978.

A Governor's Consent Application is required when a company uses its land holding as security in a debenture or floating charge registered with the Corporate Affairs Commission (CAC) under the Companies and Allied Matters Act 2020 (CAMA 2020). Without governor's consent, the land component of the charge is void.

A Governor's Consent Application is required when a deceased person's estate — being administered by executors or administrators under letters of administration issued by the Probate Registry — transfers title to land from the estate to beneficiaries or heirs under the Administration of Estates Law of the relevant state.

Parties in Nigeria should prepare a Governor's Consent Application (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A complete Nigeria Governor's Consent Application must contain the following essential elements.

Applicant Details: Full legal name, address, National Identification Number (NIN), and contact details of the holder of the right of occupancy (the applicant). For corporate applicants, include the CAC RC number under CAMA 2020, a certified copy of the certificate of incorporation, and a board resolution authorising the application.

Property Description: Precise description of the land or property — including the plot number, block, layout, local government area (LGA), state, and total area in square metres or hectares. Attach a copy of the Certificate of Occupancy (C of O), Deed of Assignment, or other root of title document, and the licensed surveyor's plan prepared by a SURCON-registered surveyor.

Nature of Transaction: A statement of the type of transaction for which consent is sought — assignment (outright transfer), sublease, mortgage, or other alienation. Attach the draft instrument (Deed of Assignment, Deed of Mortgage, etc.) for which consent is being sought.

Consideration: The purchase price, mortgage amount, or other consideration stated in the transaction document. Most states impose a consent fee calculated as a percentage of the assessed market value of the land (e.g., 3% in Lagos State as assessed by the Lagos State Land Use Charge Office).

Surveyor's Plan: A certified copy of the survey plan prepared by a Licensed Surveyor registered with the Surveyors Registration Council of Nigeria (SURCON), showing the property boundaries, coordinates, and identifying features.

Title Search Report: A search report from the relevant State Land Registry confirming the applicant's title, the absence of prior encumbrances, and the non-existence of adverse government acquisitions or public interest caveats on the property.

Filing Fees and Stamp Duty: Payment of the prescribed application fee to the State Lands Bureau (e.g., Lagos State Ministry of Lands), the consent fee (typically 3% of assessed value in Lagos), and stamp duty on the underlying transaction instrument under the Stamp Duties Act (Cap S8, LFN 2004).

Statutory Declaration: A sworn affidavit or statutory declaration by the applicant confirming the particulars stated in the application and that the transaction is bona fide, deposed before a Commissioner for Oaths at a State High Court.

Additional compliance elements for a Governor's Consent Application (Nigeria) used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.