Trust, Legal & Property Education
Everything you need to know before acquiring property in Nigeria — written transparently by Jaysmart Properties for buyers who aren't physically on the ground.
C of O vs. Governor's Consent — What's the Difference, and Why It Matters
Barrister N. Okonkwo
Head of Legal & Title Conveyancing, Jaysmart
The Land Use Act of 1978 in Plain English
Under the Nigerian Land Use Act, all land in a state is vested in the State Governor (or the Minister of the Federal Capital Territory in Abuja) to be held in trust for the people.
Because of this statutory foundation, individuals do not "own" land outright in perpetuity in the Western freehold sense; rather, they hold a 99-year leasehold interest granted by the government.
What is a Certificate of Occupancy (C of O)?
A Certificate of Occupancy is the very first official document issued by the government to the original grantee of a piece of land. A single parcel of land can only ever have ONE valid primary C of O.
When that original owner decides to sell the land or a portion of it to a new buyer, the government does not issue a new C of O. Instead, the transaction requires a Governor’s Consent.
Why Governor's Consent Is Equal in Legal Strength
Many diaspora buyers mistakenly believe that only a C of O is secure. In reality, a registered Governor's Consent is the formal legal endorsement by the Governor (or Minister) acknowledging that the title has lawfully changed hands.
Without this consent, the transaction remains inchoate and cannot be used as valid collateral or defended against competing claims.
If buying a secondary property, look for a registered Deed of Assignment backed by Governor’s Consent. If buying a direct virgin allocation in Abuja, verify the original FCDA C of O.
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