Transactions involving a Power of Attorney (POA) are legitimate and common in the Nigerian property market — particularly where a property owner is abroad, is unwell, or has delegated the management of assets to a trusted representative. But a POA transaction carries additional verification requirements that a straightforward owner-to-buyer transaction does not. Buyers who skip this verification and proceed based on the agent's assurances alone regularly find themselves in disputes over ownership, challenged titles, and in some cases, fraudulent sales by parties who had no authority to sell at all.
This is the verification checklist every buyer should complete before proceeding with a POA-based property transaction.
1. Confirm the identity and legal status of the grantor
The grantor is the person who gave the Power of Attorney — the actual property owner. Your first step is confirming that this person exists, is alive, has mental capacity, and was not under duress when the instrument was executed. Request the grantor's means of identification and verify it independently. If the grantor is in Nigeria, your solicitor can request a direct confirmation from them via telephone or written communication. If the grantor is abroad, a notarially certified confirmation is stronger than relying solely on documentation held by the attorney.
A POA given by a deceased grantor has no legal force. Death revokes a Power of Attorney automatically (unless it is a Lasting Power of Attorney executed under specific jurisdictions' laws). Confirm the grantor is alive before proceeding.
2. Verify the specific authority granted in the instrument
Not all Powers of Attorney authorise the sale of property. A general POA grants broad administrative powers but may not include the specific authority to sell land or receive sale proceeds. A specific POA or a special POA may be limited to a single transaction or a class of transactions. Read the instrument itself — or have your solicitor read it — and confirm that it explicitly authorises the attorney to: sell the specific property, execute a Deed of Assignment on behalf of the grantor, receive the purchase consideration, and do all acts necessary to perfect the transaction.
If the POA does not explicitly grant the power to sell and receive funds for this specific property, the attorney has no legal authority to do so regardless of what they represent verbally.
3. Confirm the POA has not been revoked
A grantor can revoke a Power of Attorney at any time by executing a Deed of Revocation. The attorney may continue to act after revocation if they are unaware of it, but a buyer who transacts with a revoked POA does not acquire a clean title. Verification requires direct confirmation from the grantor that the POA remains valid. Where the grantor is accessible, a written confirmation signed and witnessed is the appropriate evidence. Where accessibility is limited, your solicitor can advise on alternative confirmation mechanisms.
4. Check registration status
A Power of Attorney used in a property transaction in Nigeria should be registered at the relevant State Lands Registry or the Abuja High Court (for FCT transactions). Registration creates a public record and provides some protection against a subsequent revocation that a buyer in good faith was unaware of. Request the registration reference number and confirm it with the relevant registry.
An unregistered POA is not automatically invalid, but the absence of registration is a due diligence flag that warrants additional verification steps before proceeding.
5. Verify the attorney's identity and relationship
Confirm the identity of the attorney — the person claiming to act on the grantor's behalf — against valid government-issued identification. The attorney's name and identity details should match what is stated in the POA instrument exactly. A discrepancy between the attorney's presented ID and the name in the POA instrument is a red flag that requires explanation before any payment is made.
6. Review the execution formalities
A valid Power of Attorney for the purposes of a property transaction in Nigeria should be executed before a Commissioner for Oaths or a Notary Public, with the grantor's signature witnessed. If the grantor is outside Nigeria, the instrument is typically executed before a Nigerian Embassy or High Commission official, or before a Notary Public in the country of execution, followed by apostille or consular certification. Review these execution formalities. An instrument that was signed without proper witnessing or notarisation, or that carries execution details that do not match the stated execution date and location, should be queried.
What your solicitor's role is in POA transactions
Your solicitor is responsible for reviewing the instrument, confirming the authority scope, conducting the title search on the underlying property, and advising you on the adequacy of the verification steps completed. In a POA transaction, the solicitor's due diligence role is more complex than in a standard owner-to-buyer sale, and the engagement letter should reflect this. Do not rely on the seller's solicitor to perform these checks. Engage your own independent legal counsel to act exclusively in your interest throughout the transaction.