If you’ve been doing land transactions in Nigeria for quite some time now, you must have heard the term “Governor’s consent.” What exactly is it, and why is it important?
In this article, we will break down everything you need to know about the Governor’s consent in Nigeria.
What is the Governor’s Consent?
The governor’s consent is the official approval the state governor gives for the transfer of land ownership from one party to another. It is a legal requirement mandated by the Nigerian Land Use Act of 1978, which gives all land ownership rights within a state to the governor.
This means that if you are buying, selling, or transferring land or property in Nigeria, you must obtain the governor’s consent to make the transaction legally binding.
Without the Governor’s consent, any land transaction is invalid, and you risk losing your investment in the future. The good thing is, you can easily process one.
Only the first owner of a virgin land has a Certificate of Occupancy (C of O). Every subsequent owner obtains a Governor’s consent.
Why Do You Need Governor’s Consent?
One of the main reasons you need the Governor’s consent in Nigeria is that it protects you as the new landowner. It ensures that the land transaction is recognized by the state government. In addition, it also confirms that the seller has the legal right to transfer ownership of the land to you. Without this consent, you are essentially entering into an unrecognized and illegal transaction.
Here are a few key reasons why the Governor’s consent is important:
1. Legitimizes the transaction: It makes your land purchase legally valid and prevents any future ownership disputes.
2. Protects against fraud: It ensures that the land you are buying hasn’t been sold to multiple people or encumbered by the previous owner.
3. Allows you to resell or transfer ownership: If you ever want to sell or transfer the land to someone else, having the Governor’s consent simplifies the process.
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When Do You Need Governor’s Consent?
Governor’s consent is required in several types of land transactions, including:
When buying land: If the land has already been sold or transferred before, you need the Governor’s consent to complete your purchase.
Transferring ownership: If you are gifting or inheriting land, the Governor’s consent is needed to transfer the property to the new owner.
Mortgaging land: When you use your land as collateral for a loan, the Governor’s consent is required to finalize the mortgage agreement.
It is important to note that you don’t need the Governor’s consent when you are the original land allottee (the person to whom the land was first granted). In that case, you only need a Certificate of Occupancy (C of O). But any subsequent transfer or sale of that land will require the Governor’s consent.
The Process of Obtaining Governor’s Consent in Nigeria
The process of getting the Governor’s consent in Nigeria can be a bit complicated and time-consuming, but it is essential to follow through.
Here’s a simplified breakdown of how it works:
1. Submission of documents: To apply for Governor’s consent, you will need to submit several important documents to the state land registry. These include the deed of assignment (which proves the sale of the property), the survey plan, tax clearance, and other necessary documentation.
2. Assessment of documents: Once you submit your documents, the state government will review them to ensure everything is in order and the land isn’t under any legal dispute.
3. Payment of fees: You will also be required to pay some fees, including a consent fee, which is a percentage of the value of the land, along with stamp duties and registration fees.
4. Governor’s approval: After your application is reviewed and the fees are paid, the governor will give their approval (or consent), and the land transaction will be legally recognized.
How Long Does It Take to Get Governor’s Consent?
The time it takes to obtain the Governor’s consent can vary from state to state, but on average, it can take between three to six months. In some cases, the process may take longer due to bureaucratic delays, missing documents, or issues with the property.
To speed up the process, make sure all your paperwork is in order before you apply, and follow up regularly with the land registry office.
What Are the Costs Involved?
There are several fees associated with obtaining the Governor’s consent in Nigeria, and these can vary based on the value of the property and the specific state.
Here’s a breakdown of the typical costs involved:
1. Consent fee: This is usually a percentage (around 8-10%) of the value of the property.
2. Stamp duties: A percentage of the property value, which is required to legalize the transaction.
3. Registration fee: This fee is paid to officially register the land transaction with the government.
4. Survey plan: You may need to pay for a fresh survey plan if the original is outdated or missing.
These fees can add up, so it is important to budget for them when planning your land purchase.
What Happens If You Don’t Get Governor’s Consent?
If you fail to obtain Governor’s consent in Nigeria, the consequences can be serious. The land transaction is considered illegal, and you risk losing your ownership rights. The previous owner could also reclaim the land, or the government might revoke the property.
Additionally, without the Governor’s consent, you won’t be able to resell or transfer the property in the future. This is because subsequent buyers will require the consent of the governor to complete the transaction.
Common Challenges in Obtaining Governor’s Consent
Getting the Governor’s consent can sometimes be a frustrating experience due to the following challenges:
- Delays: As mentioned earlier, the process can take months due to government bureaucracy.
- High costs: The various fees can be expensive, especially for high-value properties.
- Paperwork issues: Missing or incorrect documents can slow down the process significantly.
Despite these challenges, it’s crucial to go through the process to ensure your land transaction is legally recognized and secure.
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Conclusion
Governor’s consent in Nigeria is an essential part of any land transaction. It protects you as a buyer and ensures that the state recognizes your ownership of the property. While the process can be time-consuming and costly, it is worth the effort to avoid legal issues down the line.
Before you engage in any land transaction, make sure you understand the importance of the Governor’s consent. In addition, plan to secure this land document. By doing so, you will safeguard your investment and avoid unnecessary complications in the future.
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