Chioma Nwosu
Legal Advisor
If you've ever bought or researched land in Nigeria, you've encountered the terms Certificate of Occupancy (C of O) and Governor's Consent. Both are critical land title documents, but they serve very different purposes — and confusing them can lead to costly mistakes.
What is a Certificate of Occupancy (C of O)?
A Certificate of Occupancy is the primary land title document in Nigeria. It is issued directly by the state government under the Land Use Act of 1978, which vests all land in Nigeria in the governor of each state. A C of O is granted to the first person to formally develop or register a piece of land, establishing their right of occupancy for 99 years.
- Issued by the state governor to the original titleholder
- Covers a 99-year leasehold right of occupancy
- Considered the strongest and most complete land title
- Required to access bank financing secured by land
- Harder and more expensive to obtain
What is Governor's Consent?
Governor's Consent is required every time a C of O property changes hands. Under the Land Use Act, any transfer, mortgage, or sublease of land covered by a C of O must be approved by the state governor. Without this consent, the transaction is technically invalid under Nigerian law.
In practice, 'Governor's Consent' means a Deed of Assignment that has been officially stamped and registered by the state government, confirming the transfer of the right of occupancy from the previous owner to you.
Which is Better?
A C of O with properly obtained Governor's Consent for all prior transactions is the gold standard for land titles in Nigeria. If you are buying a resale property, make sure there is a clean chain of Deeds of Assignment, each with Governor's Consent, all the way back to the original C of O.
Other Title Documents
You will also encounter documents like Registered Survey Plans, Right of Occupancy (R of O), Deed of Gift, and Excision documents. Each carries a different weight of legal protection. Always consult a qualified solicitor before accepting any title document as sufficient for your transaction.
Our legal team at Lion of Judah Real Estate provides free preliminary title assessments for all prospective buyers. Reach out before you commit to any purchase.