ACQUISITION OF LAND BY ALIENS POLICY

What Is This Policy?

This policy governs the conditions under which foreign nationals and foreign-owned entities may acquire and hold land in Nigeria, reflecting the restrictions embedded in the Land Use Act and related legislation.

Who Does It Target?

Foreign nationals and non-resident individuals seeking to acquire land or property in Nigeria Foreign-incorporated companies wishing to hold real property for business or investment purposes Local solicitors and nominees acting in connection with foreign land acquisition

What Does It Aim to Achieve?

To protect national land sovereignty while providing a transparent framework for legitimate property transactions involving non-Nigerians, particularly those investing in approved economic sectors.

Key Features

Leasehold Only: Prohibits outright freehold land ownership by non-Nigerians; aliens may only hold leasehold interests Governor's Consent Requirement: Requires the written consent of the relevant state governor before any right of occupancy can be transferred to a non-Nigerian Corporate Nationality Rules: Treats companies incorporated in Nigeria as Nigerian for land-holding purposes, subject to beneficial ownership verification Investment Sector Exceptions: Provides conditional exceptions for foreign investors operating in approved sectors under the Nigerian Investment Promotion Commission framework Agricultural Land Caps: Bars non-Nigerians from acquiring agricultural land above prescribed area limits without express government approval

Current Status

Rollout Stage: Enforced through state land registries and the NIPC approval process Coverage: Nationwide Funding: Not applicable; administrative and regulatory framework

How to Access

Non-Nigerians seeking to acquire land must obtain the Governor's Consent and, where applicable, NIPC registration. Application for Governor's Consent at the relevant State Ministry of Lands and Survey NIPC registration for foreign investors acquiring property in connection with a registered business Legal opinion confirming compliance with applicable alien land acquisition restrictions Application method: State Ministry of Lands and Survey; Nigerian Investment Promotion Commission, Abuja

Important Terms

Land acquired without the required Governor's Consent may be declared void or forfeited Nominees holding land on behalf of undisclosed foreign principals may face prosecution for fraudulent concealment

Official Resources

Website: www.nipc.gov.ng

Legal Framework

Operates under the Land Use Act 1978, which vests all land in state governors and restricts land alienation to foreign nationals. Governed by the Acquisition of Lands by Aliens Laws applicable in each state, the Nigerian Investment Promotion Commission Act 1995, and the Companies and Allied Matters Act (CAMA) 2020 on foreign company ownership. Aligns with bilateral investment treaties and ECOWAS protocols on the right of establishment.