What is a Power of Attorney in Nigerian property law?

A Power of Attorney (PoA) in Nigerian property law is a legal document by which one person (the donor or principal) grants another person (the attorney or donee) the authority to act on their behalf in relation to a specific property transaction or a range of property matters. The attorney can sign documents, execute deeds, receive payments, or manage property — depending on the scope of the PoA. In Nigerian property transactions, PoA is commonly used by diaspora buyers who cannot be physically present, by elderly or incapacitated owners, and in proxy transactions where the principal is abroad or unavailable.

Can someone sell my property with a Power of Attorney?

Yes — if the Power of Attorney grants the attorney authority to sell, they can execute a Deed of Assignment and transfer the property. This is why PoA is a common vehicle for property fraud in Nigeria. A fraudulent agent may present a fake PoA purporting to give them authority to sell a property they do not own. To protect yourself as a buyer: (1) Always verify the PoA is genuine — confirm with the alleged donor in person or via video call; (2) Have your solicitor verify the PoA was registered with a notary or commissioner for oaths; (3) Check that the PoA was not revoked — a PoA can be revoked at any time by the donor. A certified copy of the PoA should be available for your solicitor to review.

How should a diaspora buyer use a Power of Attorney safely for Nigerian property?

Safe diaspora PoA practice: (1) Grant PoA to a person you trust absolutely — a close family member or a verified professional solicitor — not a real estate agent; (2) Make the PoA specific (limited) rather than general — limit it to specific transactions or actions, not an open-ended authority to deal with all your property; (3) Set a time limit on the PoA; (4) Require your attorney to report to you (by email and video call) at each stage of the transaction before signing; (5) Retain independent oversight — your own solicitor should be managing the transaction even if a proxy is signing on your behalf; (6) Register the PoA formally with a notary and at the state Land Registry for important transactions.

Power of Attorney for Property in Nigeria: A Complete Guide

Power of Attorney (PoA) in property transactions is a powerful but frequently misused instrument in Nigeria. Used correctly, it enables diaspora buyers, distant investors, and unavailable principals to complete legitimate property transactions through trusted representatives. Used incorrectly — or fraudulently — it is one of the most common tools of property fraud. This guide explains everything you need to know.

What is a Power of Attorney?

A Power of Attorney is a legal document in which one person (the donor or principal) grants authority to another person (the attorney or donee) to act on their behalf. The authority granted can be broad (general) or narrowly defined (specific/limited).

In the context of Nigerian property transactions, a PoA may authorise the attorney to:

Sign a Deed of Assignment to sell or purchase property
Execute a tenancy agreement
Apply for Governor's Consent or other permits
Receive payments and sign receipts on behalf of the principal
Manage a property (collect rent, instruct repairs)
Represent the principal in legal proceedings relating to the property

Types of Power of Attorney

General Power of Attorney

A general PoA grants broad authority to act on all matters on behalf of the principal. It is convenient but risky — the attorney can act on any matter within the stated scope, often without case-by-case approval. General PoAs are best used only for trusted, close family members or solicitors under clear professional supervision.

Specific (Limited) Power of Attorney

A specific PoA limits the attorney's authority to a defined transaction or set of actions — for example, “authority to sign the Deed of Assignment for Plot 45B Lekki Gardens Estate only.” This is the recommended form for most property transactions because the scope is clear, the risk of misuse is lower, and the document automatically expires when the defined transaction is completed.

Irrevocable Power of Attorney

In some transactions (particularly property development and mortgage contexts), an irrevocable PoA is used — meaning the donor cannot revoke it. Irrevocable PoAs are typically linked to a financial interest and are used where the attorney has advanced funds or has a proprietary interest in the property. Be extremely cautious before signing any irrevocable PoA — it removes your ability to withdraw authority later.

How the diaspora uses Power of Attorney

Nigerians in the UK, US, Canada, and other countries frequently buy property in Nigeria without being able to travel for every transaction step. A PoA allows a trusted representative in Nigeria — a family member, solicitor, or trusted friend — to act on their behalf.

The safer diaspora approach:

Choose a specific rather than general PoA.Define exactly what the attorney is authorised to do — “sign the Deed of Assignment for Plot X only” — not an open mandate.
Grant PoA to a solicitor or trusted family member, not an estate agent. Estate agents should not have PoA authority — their role is to find and facilitate the transaction, not to execute it.
Require step-by-step reporting. Your attorney should send you copies of every document before signing, with a video call review of key decisions.
Set a time limit. The PoA should expire after the transaction is complete (or after a set period) — not remain open-ended.
Register the PoA properly. The document should be sworn before a notary or commissioner for oaths in Nigeria (or the Nigerian High Commission or Consulate in your country of residence). For important transactions, register it at the State Land Registry.

Power of Attorney fraud: what to watch for as a buyer

If someone is selling a property using a PoA (claiming the owner is unavailable), you must be especially careful. Common fraud patterns:

A fake PoA is presented, purportedly from the true owner, granting the fraudster authority to sell — the alleged owner has no knowledge of the transaction
A genuine PoA was revoked, but the fraudster continues to act under it
The PoA is genuine but overreaches its scope — it authorises specific acts but the attorney goes beyond those

To protect yourself:

Independently verify the PoA by attempting to contact the alleged donor — in person, by video call, or through a solicitor directly instructed by the donor
Confirm with a notary or commissioner for oaths that the PoA was genuinely executed
Check the PoA was not revoked by searching relevant registers
Have your own solicitor review the scope of the PoA before accepting that the attorney has authority to complete the transaction

Revoking a Power of Attorney

A revocable PoA can be cancelled at any time by the donor. To revoke: execute a formal Deed of Revocation, notify the attorney in writing, and notify any third parties (banks, registry) who may have relied on the PoA. Once revoked, any further acts by the former attorney are unauthorised.

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