The Landowner’s Dilemma: CofO vs. Governor’s Consent – Which is Better?

The sun was setting over the bustling city of Lagos, casting golden hues over the iconic Third Mainland Bridge. Seated in his car, stuck in the usual evening traffic, Tunde scrolled through his phone, his heart racing with excitement. He had just found a prime piece of land in Lekki at an irresistible price. But as he was about to seal the deal, his lawyer’s words echoed in his head:

“Does it have a Certificate of Occupancy (C of O) or just a Governor’s Consent?”

Confused, Tunde decided to do some digging. Like many Lagosians eager to invest in real estate, he was about to learn a crucial lesson—one that could make or break his investment.

Understanding Land Titles in Lagos

In Lagos, as in the rest of Nigeria, all land belongs to the government, as stated in the Land Use Act of 1978. The state governor holds land in trust and grants individuals or organizations the right to use it.

What is a Certificate of Occupancy (C of O)?

A Certificate of Occupancy (C of O) is the most recognized land title, officially proving that the government has granted the first legal ownership of a piece of land or property for a term of 99 years. If you own a property with a C of O, your ownership is officially documented by the government, reducing the risk of disputes.

What is Governor’s Consent?

When a property with a C of O is resold, the new buyer must obtain the Governor’s Consent to make the transfer legally binding. Without it, the government does not recognize the new buyer as the rightful owner.

Which is Better?

Tunde’s friend, Ada, had just gone through a messy property dispute in Ikeja because she bought land without verifying if the seller had obtained a Governor’s Consent. Learning from her mistake, Tunde sought expert advice. Here’s what he found out:

1. First-Time Ownership vs. Subsequent Transfers

• If the land is being allocated by the government for the first time, a C of O is mandatory.
• If the land is being resold and already has a C of O, the new buyer must obtain a Governor’s Consent to ensure legal ownership.

2. Security & Legal Strength

• A C of O provides the highest level of security, as it is the ultimate proof that the land was originally granted by the government.
• A Governor’s Consent legalizes secondary transactions, ensuring that resale and ownership transfers are recognized.
• Without a Governor’s Consent, a resale transaction is legally incomplete, meaning the government does not acknowledge the new buyer as the rightful owner.

3. Cost & Process

• Obtaining a C of O from scratch is costly and time-consuming because it involves government allocation.
• Applying for a Governor’s Consent is also expensive but slightly faster than processing a new C of O.
• Failing to get Governor’s Consent means the buyer is at risk of losing their investment.

Final Verdict

So, which is better? It depends on your situation:

• If you are acquiring land directly from the government, go for a C of O.
• If you are buying a property from someone who already has a C of O, ensure that you process the Governor’s Consent to secure your ownership.

Tunde’s Decision

Armed with this knowledge, Tunde didn’t rush into buying the land. He asked for the seller’s documents, confirmed the land had a C of O, and immediately started the process for Governor’s Consent before making any payments. A few months later, with his ownership fully secured, he stood on his newly acquired land, looking out at the Lagos skyline, relieved that he had avoided the legal landmines that had trapped many investors before him.

Be a Smart Investor

Lagos real estate is lucrative, but only for those who understand the fine print. Will you be the next smart investor like Tunde?

Final Advice

Whether it’s a C of O or a Governor’s Consent, ensure your land documents are in order. When in doubt, always consult a real estate lawyer before making any land purchases in Lagos.