Governor’s consent: why it matters when you’re renting

Most Nigerian tenants have never heard the phrase "governor's consent" until a lawyer flashes it at them mid-transaction. Even then, the explanation tends to go something like "it's a formality, don't worry about it," which is not wrong but is not the full picture either. Governor's consent sits in a strange place in Nigerian property law: technically mandatory, practically ignored for a large share of transactions, and yet occasionally the difference between a quiet tenancy and a courtroom.

I have spent enough time at NoBroker Nigeria reviewing landlord paperwork to have opinions about when missing consent is a deal-breaker and when it is a non-issue. This guide is for tenants, not buyers — the calculus is different for each. If you want the broader context on how consent fits among all the other Nigerian property documents, our pillar guide is the reference.

What Section 22 actually says

The Land Use Act of 1978 consolidated Nigerian land law around a simple idea: all urban land in a state is vested in the governor, who grants rights of occupancy to individuals and companies. Section 22 of the Act says, in effect, that no holder of a statutory right of occupancy may transfer, assign, mortgage, or sublet that right without the governor's prior consent.

In plain language: if you hold a Certificate of Occupancy and you want to sell, mortgage, or formally sublease the property, the governor has to sign off on it first.

The consequence of failing to obtain consent is spelled out elsewhere in the Act: the transaction is voidable. Not automatically void, but voidable at the instance of the governor or a party with standing. In practice, that means a transfer done without consent can be unwound later if the state chooses to act.

The Supreme Court has interpreted this provision multiple times. The case law is consistent: consent matters, but the law also recognises that a purchaser in possession has equitable interests worth protecting. The end result is a system where consent is required on paper but frequently deferred in practice.

Why most transfers lack consent in practice

If consent is legally required, why is it missing from so many Lagos property files? Three practical reasons.

1. Cost. In Lagos, obtaining governor's consent involves a consent fee, capital gains tax, stamp duty, registration fee, and neighbourhood improvement charge, which combined can amount to 5% to 8% of the property's assessed value. On a ₦120 million Lekki duplex that is easily ₦6 million to ₦10 million. Many sellers and buyers negotiate around it.
2. Time. The Lagos State Lands Bureau at Alausa processes consent applications, and in good months the process takes . In bad months, longer. Sellers do not want to wait that long to see their money; buyers do not want to sit on purchase funds for half a year.