A power of attorney lets one person act for another. For Nigerians abroad, busy professionals and elderly landowners, it is often the only practical way to buy, sell or manage land.

It is also one of the most misused documents in Nigerian property. Buyers are sold land on the strength of a power of attorney that has been revoked, forged, or never covered a sale. Owners discover that a relative they trusted has sold their land.

This guide explains what a power of attorney can and cannot do, the risks, and how to use one safely.
What is a power of attorney?
A power of attorney is a document by which one person (the donor) authorises another (the donee or attorney) to act on their behalf. For land, the attorney might be authorised to:

inspect, manage or let the property;
collect rent;
sign documents and apply for approvals or consent;
sell the land and sign the deed of assignment; or
defend the land in court.

The attorney can only do what the document allows. Anything outside its terms is not binding on the donor.
A power of attorney does not transfer ownership
This is the most important point. A power of attorney is not a document of title. Nigerian courts have held, for example in Ude v Nwara (1993), that a power of attorney does not by itself transfer ownership of land to the attorney. It only gives authority to act.

So if you are buying land, a seller who holds only a power of attorney is not the owner. You must check:

who the real owner (the donor) is, and their title;
that the power of attorney actually authorises a sale;
that it has not been revoked; and
that the donor is alive, unless it is an irrevocable power given for value.
Revocable and irrevocable powers
Type
How it ends
Typical use
General or revocable power
The donor can revoke it at any time. It usually ends on the donor’s death or loss of capacity.
Managing property, collecting rent, signing routine documents
Specific power
Ends when the stated task is done or the period expires
A single sale, a consent application, one lawsuit
Irrevocable power given for value
Cannot generally be revoked while the interest it protects lasts
Where the attorney has paid for an interest in the land

Irrevocable powers are sometimes used as a shortcut to a sale. They can protect a buyer who has paid, but they are not a substitute for a proper deed of assignment and Governor’s consent.
Using a power of attorney safely
If you are giving one (the donor):

Limit it to a specific property and specific tasks. Avoid broad powers to “sell, lease or deal with all my properties”.
Set a fixed period.
Require the attorney to account to you for any money received.
Insist that any sale is to a buyer in your name or with your written approval, and that the purchase price is paid into your account.
Register it where it relates to land, and keep a record of when it was granted.
Revoke it formally and in writing when it is no longer needed, and notify anyone dealing with the attorney.

If you are relying on one (a buyer):

Search the donor’s title at the Lands Registry.
Obtain a certified copy of the registered power of attorney.
Confirm it covers a sale of that exact land.
Contact the donor directly where possible.
Make sure the deed of assignment is made in the donor’s name, executed by the attorney, and properly consented to and registered.
Executing a power of attorney from abroad
Nigerians abroad can execute a power of attorney before a notary public, or at a Nigerian embassy or high commission, so that it can be used in Nigeria. It should then be stamped and registered in the state where the land is.
Frequently asked questions
Can I buy land from someone with a power of attorney? Yes, but only after confirming the owner’s title, that the power covers a sale, and that it has not been revoked.

Does a power of attorney make the attorney the owner? No. It only gives authority to act for the owner.

Does a power of attorney end when the donor dies? An ordinary power generally ends on the donor’s death. An irrevocable power given for value may survive.

How do I revoke a power of attorney? By a written deed of revocation, registered where the original was registered, with notice to the attorney and anyone dealing with them.

Can I give a power of attorney from abroad? Yes. Execute it before a notary or at a Nigerian mission, then stamp and register it in Nigeria.

About Cardinal Counsel

Cardinal Counsel (Barristers & Solicitors) is a Lagos-based law firm advising individuals, families and businesses, at home and abroad, on property transactions, commercial agreements, regulatory compliance and dispute resolution. The firm drafts and reviews powers of attorney, conducts property due diligence, and supports clients from verification to perfection of title.

This article is for general information only and does not constitute legal advice. Before you give or rely on a power of attorney for land, contact Cardinal Counsel at Suite D14, Adeniran Ogunsanya Mall, Surulere, Lagos, or email info@cardinalcounsel.co.