Nigeria Property Centre

Power of attorney (POA, irrevocable power of attorney)

Last checked 13 October 2026 · Checked by the Property Centre content team

A power of attorney is a document in which a property owner authorises another person, the attorney, to act for them, for example to manage, let or sell land. An irrevocable power of attorney cannot be withdrawn by the owner, but on its own it is not proof that the land has been sold.

General information, not legal advice. Last checked 13 October 2026.

Also called: POA, irrevocable power of attorney, IPA, irrevocable POA

What a power of attorney can and cannot do

A power of attorney (POA) appoints an attorney to act on behalf of the owner, called the donor. It is widely used by Nigerians abroad who need someone at home to manage or sell property, by elderly owners, and in some informal land sales.

There are two broad types:

  • General or revocable: the donor can cancel it at any time, and it ends on the donor's death.
  • Irrevocable: often given "for value" or "coupled with an interest", it cannot be withdrawn by the donor alone. It is popular in informal sales because it seems to give the buyer full control.

A POA delegates; it does not transfer. Supreme Court decisions such as Ude v Nwara treat a power of attorney as an authority to act, not a transfer of title. An attorney who is authorised to sell must still sign a deed of assignment in favour of the buyer, and that deed needs consent and registration. A buyer who only holds an irrevocable POA has not, on that line of authority, become the owner.

Commentators read later Supreme Court decisions as giving more weight to an irrevocable POA coupled with an interest, and there is debate about whether a POA over land must be registered. See the Sources differ box.

Using a POA safely. For diaspora owners, a well-drafted POA can be useful: it should say exactly what the attorney may do, be signed before a notary or a Nigerian consular officer abroad, and be registered where the state requires it.

Differences by state

  • Lagos: the Lands Registration Law 2015 deals with powers of attorney relating to land; registration practice should be checked with a lawyer.
  • Diaspora: documents signed abroad are usually notarised and authenticated before use in Nigeria.

What to check

  • The donor really holds title, confirmed by a registry search.
  • The POA is genuine, current and covers the act being done.
  • The donor is alive: an ordinary POA ends on death.
  • A buyer receives a deed of assignment, not just the POA.

Red flags

  • Buying land from someone who holds only a POA from a family or from a person said to be abroad or dead.
  • A POA used instead of a sale deed to avoid consent.
  • A POA with no notarisation, registration or traceable donor.

Sources differ

SOURCE 1

An irrevocable power of attorney delegates authority only and does not transfer title; the attorney still needs to execute a deed of assignment (Ude v Nwara line).

NigeriaLII

1993

SOURCE 2

Commentary reads more recent Supreme Court decisions as giving greater effect to an irrevocable power of attorney coupled with an interest, and debates whether registration is required.

ACBJ (Nigerian Journals Online)

undated

Power of attorney vs Deed of Assignment

Aspect Power of Attorney Deed of Assignment
What it does Authorises someone to act for the owner Transfers the owner's interest
Who holds title afterwards Still the donor The buyer, once perfected
Needs consent? Not for the POA itself Yes, for statutory rights
Safe as proof of purchase? No Yes, once consented and registered

Find property

Questions

Is a power of attorney a title document?

No. On the leading Supreme Court authority it is an authority to act, not a transfer of title. The buyer needs a deed of assignment.

Can I buy land with an irrevocable power of attorney?

It is risky. Insist on a deed of assignment signed by the owner or by the attorney under the POA, followed by consent and registration.

What is the difference between a power of attorney and a deed of assignment?

A POA lets someone act for the owner; a deed of assignment actually transfers the owner's interest to the buyer.

Does a power of attorney end when the owner dies?

An ordinary POA ends on the donor's death. Whether an irrevocable POA coupled with an interest survives is a question for a lawyer on the facts.

Related terms

Deed of assignment Family land Land search Governor's Consent

Sources

  1. 1. Power of attorney in Nigerian land transactions ACBJ (Nigerian Journals Online) · checked 13 October 2026
  2. 2. Ude v Nwara (Supreme Court, 1993) NigeriaLII · checked 13 October 2026
  3. 3. Lagos lands registration law and powers of attorney IRLJ (Nigerian Journals Online) · checked 13 October 2026
  4. 4. Lagos State Lands Registration Law 2015 (text) LawNigeria · checked 13 October 2026

How we check this glossary

Cite this definition

"Power of attorney", Nigeria Property Centre Property Glossary, last checked 13 October 2026, https://nigeriapropertycentre.com/glossary/power-of-attorney

You may reuse this definition under CC BY 4.0 with credit to Nigeria Property Centre and a link to this page.

Something wrong or out of date?

Thanks, we'll check this.

You've sent several reports already. Please try again later.

Tell us what needs checking. We read every report.

Only if you'd like us to reply.