C of O, R of O and Governor's Consent: Nigerian Property Titles Explained (2026)

Nobody in Nigeria owns land outright. Not Nigerians, and certainly not foreigners. What people call "owning land" is really holding a right of occupancy granted by the state, and the document that proves it is a Certificate of Occupancy. Understanding that single fact, and the three terms that surround it, is the difference between a secure purchase and a worthless piece of paper.

Here is what C of O, Right of Occupancy, and Governor's Consent actually mean, and where foreigners fit.

The foundation: the Land Use Act 1978

Every land question in Nigeria runs through the Land Use Act of 1978. The Act vests all land within each state in the Governor of that state, who holds it in trust for the benefit of all Nigerians. Individuals and companies do not own the soil. They hold a "right of occupancy," which is a long-term right to use and occupy a defined parcel, typically for 99 years.

This is not a technicality. It shapes every transaction, every title document, and every transfer in the country.

Right of Occupancy: statutory versus customary

A right of occupancy comes in two forms.

A statutory right of occupancy is granted by the State Governor, usually over land in urban areas. This is the stronger and more widely recognised form, and it is what most formal estates and developments are built on.

A customary right of occupancy is granted by the Local Government over land in non-urban areas, or it arises from customary tenure held by families and communities. Customary rights are valid but carry more risk for an outside buyer, because the chain of ownership often runs through family heads and community claims that are harder to verify.

When a buyer asks "what title does this land have," they are really asking which right of occupancy backs it, and how well documented that right is.

Certificate of Occupancy: the C of O

A Certificate of Occupancy, the C of O, is the document the Governor issues as evidence of a statutory right of occupancy. It states who holds the right, over which parcel, and for what term, almost always 99 years. It is the gold standard of Nigerian title because it ties the land directly to a state grant rather than to a private chain of sellers.

A genuine C of O is registered at the state land registry. That registration is exactly what an independent lawyer checks when running a title search. A C of O that cannot be traced in the registry is either forged or has been altered from a real certificate for a different plot, which is one of the most common frauds in the market.

A related term you will see is Right of Occupancy, sometimes shortened to R of O. In practice the certificate evidencing a statutory right of occupancy is the C of O. Where land was allocated and a letter of allocation or an R of O document was issued ahead of a full certificate, treat it as a step in the process rather than a finished title, and confirm at the registry what has actually been perfected.

Governor's Consent: the step most buyers underestimate

Here is where transactions die. Section 22 of the Land Use Act prohibits the holder of a statutory right of occupancy from alienating that right, by assignment, mortgage, transfer of possession, sublease, or otherwise, without the prior consent of the Governor. In plain terms: when someone with a C of O sells to you, the sale is not legally complete until the Governor, acting through the state Lands Bureau, approves the transfer.

Section 26 of the Act drives the point home. Any transaction that requires the Governor's consent and proceeds without it is null and void. You can pay in full, hold a signed Deed of Assignment, and still have nothing the law will protect, because the transfer was never perfected.

Obtaining Governor's Consent means applying to the state Lands Bureau, submitting the Deed of Assignment and supporting documents, and paying the assessed fees. In Lagos the consent fee is around 1.5 percent of the assessed value, and it is one component of total closing costs that typically run 10 to 15 percent of the purchase price. Skipping consent to save money or time is the most expensive shortcut in Nigerian real estate.

Where foreigners stand

This is the part diaspora buyers and non-Nigerian investors most need to understand. In Gerhard Huebner v. Aeronautical Industrial Engineering and Project Management Company Limited, decided by the Supreme Court on 17 April 2017, the court held that a foreigner cannot hold a statutory or customary right of occupancy under the Land Use Act. The court reasoned that Section 1 of the Act limits land holding to Nigerians, and that the phrase "any person" in Section 36(1) does not extend to foreigners. The Land Use Act, the court noted, did not repeal the older laws restricting alien land holding.

So a foreigner cannot personally take a C of O the way a Nigerian can. There are two established routes around this.

The first is leasehold under state aliens-acquisition laws. Lagos, for example, has the Acquisition of Lands by Aliens Law, under which a foreigner may acquire an interest in land subject to the approval of the Governor. State practice limits the term and conditions, and approval is mandatory above short tenancies, so this route always runs through the Governor.

The second, and the cleaner route for serious investors, is a Nigerian company. A company incorporated in Nigeria under the Companies and Allied Matters Act can acquire and hold land exactly like a Nigerian citizen, whether the company is wholly foreign-owned or not. The company, not the individual, holds the right of occupancy. A company with foreign participation registers with the Corporate Affairs Commission, then with the Nigerian Investment Promotion Commission, and obtains a Business Permit. For most foreign buyers who want a durable, transferable interest, the corporate structure is the standard answer.

One thing to be clear about: Nigeria does not offer residency in exchange for buying property. Legal residence for foreigners runs through the Combined Expatriate Residence Permit and Aliens Card, the CERPAC, issued by the Nigeria Immigration Service and tied to employment or business activity, not to a property purchase. Buying a home does not by itself grant a permit.

What to actually check before you pay

Whatever the title, the verification is the same. Confirm the title type and the exact parcel. Have an independent lawyer run a search at the state land registry to confirm the title is registered and free of encumbrances, mortgages, caveats, or pending assignments. Confirm whether Governor's Consent has been or can be obtained on the chain. And verify the developer or seller's delivery history before committing, which you can do on a transparency platform like Bektu.

A C of O with clean registry records and a clear path to consent is a real asset. A signed agreement without those things is a promise, and in Nigerian land law a promise without consent is void.