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Governor’s Consent finally explained in a Simple manner and Why you must register a Governor’s consent - Omonile Lawyer

Governor’s Consent finally explained in a Simple manner and Why you must register a Governor’s consent

Posted by in Featured, Governor's Consent, Know Your Land Documents, Land Scams, Promoted October 10th, 2014 30 64267 Views
The Governor or commissioner's seal will be inserted and he or she will sign and state the date the Consent was granted. It should also include the signatures if the parties of the transaction
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So many Academicians, Lawyers and Intellectuals have tried to define what a Governor’s Consent is and they end up confusing simple minded men like me with their Big Big Grammar, so am going to attempt to do the impossible by breaking its meaning down and how it operates under the law.

A simple formula to follow is this. The first person on a Virgin Land that has neither been occupied by another person nor under acquisition by the Government is entitled to get a Certificate of Occupancy on that land.

If that person with the C of O decides to sell his land to another person after so many years, that person must now obtain the Consent of the Governor before that transaction can be deemed legal in the eyes of the Government. If the new buyer now decides to sell the land again to a third owner in future, that Third owner must also obtain a new Consent of the Governor before that transaction can be deemed legal in the eyes of the Government and the process continues every time the property changes hands to a new buyer.

In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governor’s consent. There can only be one (1) Owner of the Certificate of Occupancy on that Land and it will not be replicated for another person once the land has been sold or transferred to another person.

The powers of the Governor to Consent to such transactions can be found in Section 22. Of the LAND USE ACT 1978 as amended which states thus:

 “It shall not be lawful for the holder of a statutory right of occupancy granted by the  Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained”

With this power, the Governor has the right to grant consent to any transaction which it thinks has not contravened any Law of the land and if the consent has been obtained fraudulently, the Governor is entitled to revoke such consent immediately.

It is very important for a purchaser of land to perfect his or her document by obtaining a Governors consent so as to have a complete rest of mind. Although its good to buy a land that already has a Global C of O or the Land has a Gazette, it still doesn’t give you the full satisfaction that you own the land without any form of fear or intrusion by the Omoniles. Your documents have not been perfected and the consent of the Governor to that transaction has not been obtained.

It’s because of this situation whereby the Omoniles know that purchasers of land do not want to spend money to get their Governors Consent that they will begin to resell people’s lands to multiple buyers because they know it’s only the purchaser that perfects his title by obtaining the Governors consent that can lay claim to that land validly in the eyes of the law.

That’s why I encourage people who buy lands to immediately start the process of obtaining Governors consent after they have bought a land and a Deed of Assignment has been drawn up. Delay has been shown to be very fatal and we should learn from the past experiences of others who have fallen victim to this situation.

Disadvantages and Problems of Getting a Governors Consent

Obtaining a Governors Consent from the Land Bureau isn’t the easiest thing to get quickly despite the importance attached to it and urgency needed to secure a land from Omoniles. On the Government website, it is stated that a Governors Consent can be obtained in 30 days but that has proven to be very untrue due to unscrupulous civil servants who would do everything to frustrate the process of obtaining the document without giving them huge kickbacks. A Governors consent that should cost N200,000 naturally could end up costing N600,000 Due to kickbacks, Egunje, Bribes, P.R etc and that 30 days could translate to 6months or a Year depending on how you sort your P.R well.

All in all, a Governors Consent is a very good document to obtain and I advise you to get it so as to free yourself from Omoniles 100%. An advantage of having a Governor’s consent is that you can transfer your land to another person without going to the Omoniles or Family Baale to sign your deed and Form 1c which are compulsory requirements needed before you can process a Governors consent. The Omoniles pray seriously for the Owner not to have a Governors consent so that they can make a lot of money running into their Thousands when ever the Owner require the signatures of the family to start the Governors consent.

It’s even very tough now for Land Buyers because a major requirement by the government now is that you must Obtain a Governors consent before you obtain a building plan approval. If it takes 6months to a year before they get their Consent. When will the person now get his approval?

Stepping aside the criticism of those in charge of processing the C of O, You should try as much as possible to get a Governors Consent for all your genuine lands so as to eliminate Omoniles completely and live a straight forward life devoid of Omonile wahala.

The Features of Governors Consent must contain the Following:

1. The Form 1c must be signed by the Omonile traditional Family that has either a Gazette or Global C/O or in the case of an Individual that has a private C of O granted to him by the Governor

This Form 1 C is a prelude to registering a Governors Consent. It must be signed in the prescence of a Lawyer so as to guide both you and the seller unless any slightest error on the form will be queried

This Form 1 C is a prelude to registering a Governors Consent. It must be signed in the prescence of a Lawyer so as to guide both you and the seller unless any slightest error on the form will be queried

2. A Deed of Assignment must be prepared by the Buyers lawyer who must include the parties to the transaction, the cost of the land, size of the land description of the land, the copy of the survey attached to it and signature of all the parties and witnesses to the transaction.

Cover of the deed must have the names of the parties to the transaction and the name of the lawyer that drafted the deed of assignment with his signature

Cover of the deed must have the names of the parties to the transaction and the name of the lawyer that drafted the deed of assignment with his signature

 

These pages will be heavily stamped and signed

These pages will be heavily stamped and signed

 

3. The Consent will be heavily stamped from the beginning to the end and upon completion and payment of the requisite fees, the Governor or his representatives such as the Commissioners will sign and date the Consent and stamp it with their official Seal.

The Governor or commissioner's seal will be inserted and he or she will sign and state the date the Consent was granted. It should also include the signatures if the parties of the transaction

The Governor or commissioner’s seal will be inserted and he or she will sign and state the date the Consent was granted. It should also include the signatures if the parties of the transaction

4. The land bureau after that will assign a Consent number to that document for reference purpose for life and its with this Consent number, your documents will be registered and recorded in their archives for future references.

The Consent number will be stamped and written so that it will be recorded for future purpose. Without this number, the Governors consent is a fake or does not exist

The Consent number will be stamped and written so that it will be recorded for future purpose. Without this number, the Governors consent is a fake or does not exist

 

Always contact your property Lawyer experienced in property Law to guide you on obtaining a Governors Consent.

 

 

 

 

Barrister Matthew Ottah helps Nigerians avoid being scammed in real estate deals. He once lost a large sum of money to land fraudsters 'Omoniles' when he was still naive about land matters. Now, he's out on a personal vengeful mission to expose Land scam artists in the Nigerian real estate sector and protect your hard earned money.

30 Responses

  1. Habiba Usman says:

    Thank you Barrister Matthew

  2. olalekan alausa says:

    I live on a plot of land somewhere in Ipaja-Ayobo Local Council Development Area. The Land was gazetted by the Lagos State Government in the year 2010 with the Omo onile name therein. Do I still go for C of O or I go for Governor’s Consent? Thanking you.

  3. LEE says:

    iwant to buy a land with a land information certifcate and gazette in itoikin EPE road,
    is those area safe to buy land ?
    Thanks in adavance

  4. L.Adekunle says:

    Good day Barrister have being going through the advice you being giving to people about there property so as not to be scammed of there effort , all i want to say is thanks alot.sir i bought a land in ogun state and have a commercial building on it about to be completed and now i want to get the government consent on this property how can i go about it?thanking you for your candid advice

  5. john says:

    A big thank for great information shared. This is one information that lawyers fail to clarify to lame men because they want to estort from the public. The truth is when explained, the expertise of a good lawyer can never be ignored in this context. Thanks a million.

  6. Atolagbe Shola says:

    I like to thank God for you. Your website has been so informative and educating. My question goes like this? Omonile sold a plot of land to Mr A. Mr A went ahead to take C of O. After 4 year, Mr A decided to sell the land to Mr B. for the transaction to be valid, Mr B need to get Governor’s consent. In this case, who w7ll participate in filling Form1c and Deed of assignment? is it Omonile or Mr A.

  7. Atolagbe Shola says:

    If a man ready have a C of O, is it necessary for him to get Governor’s consent? Why.

  8. Alex says:

    How does one contact barrister Mathew Ottah?
    I want to process my land C of O and I need a well experienced lawyer.

  9. lanre ajayi says:

    for a piece of land bought on the mainland in the early 60s with an indenture also duly registered in the 60s, what do we apply for now; governor’s consent or c of o?

  10. Adeyemi says:

    The Law,
    I just bought a Virgin land Ogun, it’s a family land, thr fsmily only give me receipt and one page signed deed of assignment, my consultant ask the to sign a irrevocable Power of Attorney, which they are about to do. I have also did my survey plan. Please can you guide me how to get my documents from government to secure the land

  11. Fadare says:

    Good stuff – Thank you and keep it up.

  12. Sam says:

    Hello sir, please when a Baale and his family sells land, most likely they have a gazette right? Also, is the ‘gazette’ a document the Baale is supposed to possess? Cos, I’m trying to determine, which document to do: a conscent or certificate of occupancy, as it regards a land I bought from the Baale. Should I ask him to show d gazette to me? Thanks.

  13. Frank says:

    Please I need advise. I have a deed of conveyance yet to be executed. Another Lawyer who did not prepare the document is saying a green stamp(not red seal) and a the High court number of the lawyer signing it. The one I have is carrying a normal red seal and signature of the lawyer that prepared it. Please advice. Thank you.

  14. Frank says:

    Sorry that the document is authentic only when it has the green stamp and that number from the High Court. That other wise if there is need, it cannot be tendered in the court of Law.

  15. ol asinmibo Sanusi-Zubair says:

    Well done my learned senior. More grease to your elbow.

  16. S.max says:

    Have a Land bought many years ago with a building now on top of it. There’s no deed of assignment. And i want to perfect title. What am i supposed to do? Governors conscent or certificate of occupancy. If its gonna be a governors conscent do i prepare a deed of assignment and backdate to d year i bought? As i am told d deed ought to have been done back then.

  17. Saynt says:

    Sir,thanks for your advice. Please, I need more advice. In my state (south south) a man from the south EAST was located over 160 plots of land to build an estate in 1994. And he never build anyone but waited until the land appreciate then he stared selling them. This finding was found by my state house of assembly that he was selling the land with the cooperation with our state ministry of land. We the community whom government aquired their land protested against such act in 2007 and the then governor concord with our demend for the government to release over land hence the beneficiaries has defeat from the purpose the land was alocated to them. We went with our then comminional for land to identify those areas that was affected and he asked us to share our land while their do there paper work. We shard at the measurement of 50/100. When government gazette came out, we saw that one area which we shard and it was mostly parts of what we prosted was not gazetted or it was not realease But we have shade while almost every one has sold thire land.I have build and many people including those our brothers sold to has build and we are staying there for over 9, 10 years. Almost all of use have build there. But some of us don’t have building approval because the ministry of land said the the land belongs to he whom own a catificate of occupancy to build estate (c of o ) why we who hold the catificate of ownership ( c of o ) should buy the land from the person whom government allocated my land to build estate but he never build any one. Sir, please what is the right step?. 08085060528

  18. Dele Afolabi says:

    I bought a land through a family agent, agent’s land purchase was issued, the family land purchased was issued. A land purchase agreement was prepared by the agent using a copy prepared by a lawyer who also bought a land from him. On the agreement all the parties signed except the lawyer’s column was not signed because it was not prepared by the purported lawyer. The issue now is that is the agreement valid? The Head of the family is late the children claimed that the agreement was forged, they are now demanding for fresh fee for new agreement! Is it compulsory?

  19. seun says:

    I just got a land at ojota but I am the one who just did the survey. I was told no c of o have been obtained on that land before now. pls can that be true. besides if that is the case will I be issued a c of o if I apply or a governors conscent

  20. Anne says:

    The land was bought in the 60s with a registered indenture and I need to do a governor’s consent. What do I do if I can not locate the Assingnor any longer for the purpose of signing the form 1C? Thanks for your assistance.

  21. Anne says:

    The land was bought in the 60s with a registered indenture and I need to do a governor’s consent. What do I do if I can not locate the Assingnor any longer for the purpose of signing the form 1C? Thanks for your assistance.

  22. Carline Mcclure says:

    You’ve just given me the info I was searching for. I had a good experience filling forms online and happy to share it with you. By the way, if anyone is facing a problem of filling TN Multi-purpose Application Form, I’ve found a template here https://goo.gl/om7Cyc. You also can esign the form and fax it.

  23. Donatus Ogoke says:

    Urgent Need Soon. Pls We Need Any Land Size Around Portharcourt Area With Global C of O. Thanks. Call. Mr. Don Ogoke. Igrita-Ali. Portharcourt.Tel. 07032487724:

  24. Adeola says:

    I want to buy a conjoined land from a family of 3, please explain to me what i need to require from them and who will be the one to sign the deed of agreement for me, please advice. Thanks

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