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Land & Property
The Land Use Act reshaped how land is held in Nigeria. What a buyer acquires is a right of occupancy, and the Governor's consent sits at the centre of most transfers.
Land Use Act 1978
Our explanation, written for a general reader. It is not the text of the law.
The Act vests land in each state in the Governor, to be held in trust and administered for the use and common benefit of all Nigerians. What an individual holds is a right of occupancy rather than absolute ownership in the older sense.
Title is proved by a chain of documents, not by a single certificate. A certificate of occupancy is important evidence, but a search at the appropriate registry, a survey plan, the history of previous transfers and the physical position on the ground all matter. Two documents can look equally impressive and only one can be good.
Alienation — selling, transferring, mortgaging or otherwise dealing with a right of occupancy — generally requires the Governor's consent. Transactions completed without it are a recurring source of loss, and the problem usually surfaces years later when the buyer tries to sell or to raise finance.
Where the official text lives, beside what it means in ordinary language.
Official text
Land vested in the Governor
Land Use Act 1978, s. 1
Plain language — our explanation
Land in each state is vested in the Governor, held in trust and administered for the use and common benefit of Nigerians.
Official text
Consent to alienate
Land Use Act 1978, s. 22
Plain language — our explanation
A holder of a statutory right of occupancy generally needs the Governor's consent before transferring, mortgaging or otherwise alienating it.
Official text
Rights of occupancy
Land Use Act 1978 — statutory and customary rights of occupancy
Plain language — our explanation
The Act distinguishes statutory rights of occupancy granted by the Governor from customary rights, and sets out how each is granted and evidenced.
In real life
A buyer pays for land on the strength of a photocopied certificate and a receipt.
Neither document establishes a chain of title. A registry search and a proper survey are what test whether the seller can actually convey anything.
In real life
Family land is sold by one member without the agreement of the wider family.
Who had authority to sell becomes the whole case, and it is a question that has to be answered before money moves.
What you should do
What you should not do
“A certificate of occupancy alone proves good title.”
It is significant evidence, not conclusive proof. The history behind it, and any competing claim, still matter.
“Consent is a formality that can be sorted out later.”
It is a statutory requirement for alienation, and 'later' is usually the moment a sale or a mortgage collapses.
What this instrument was, what changed, and what is in force now. Superseded versions are kept on the record rather than deleted.
What changed
The Act is stable; the state-level procedure under it is not. Confirm current practice with the relevant state land authority.
What changed
Every Nigerian land transaction since is conducted in the shadow of this Act.
When to speak to a lawyer