The Land Use Act 1978 is the principal statute regulating all lands and its subsequent transactions in Nigeria. The Land Use Act provides that from the promulgation of the Act, all lands are vested in the Governor of a State who shall administer same as trustee of the people of the State. Since the advent of the Act, all that an individuals now enjoy on land is a "right of occupancy" i.e. the right to use and occupy land for a particular purpose. The "right of occupancy" is granted by the Governor of a State via a document popularly referred to as "Certificate of Occupancy" or C of O. The C of O may however be "actually granted" i.e. actual grant or "deemed granted" for those without prior root of title, whose title is derived under native law and custom.

The C of O when granted under an "actual grant" constitute a sound root of title, unlike when it is deemed granted. Nevertheless, many Lagosians and Nigerians alike do not appreciate the distinction between C of O and Governor's Consent. To hit the nail on the bud, in the law of real property, there are several documents that confers good title on the owner of a land. Thus we have C of O, Governor's Consent, Deed of Legal Mortgage, Deed of Gift, Registered Title, to name a few.

Therefore, whether your Land has C of O or Governor's Consent, both are sound roots of title, and on no account would 2 sound roots of title be granted concurrently. It is either your land has C of O, or you proceed for one, or you secure Governor's Consent where your land already has previous root of title. Generally, an applicant applies for C of O, when his land or the land to be purchased does not have any prior root of title.

Thus both documents i.e. C of O; and Governor's Consent (GC) are good title documents, but operate separately.

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Samuel Adeola (Law Jurists)