A power of attorney may give another person extensive authority to deal with land, but does the document itself transfer ownership? A recent reported property dispute provides a useful starting point for examining the distinction between authority to deal with land and title to land in Nigeria.
Recently, I came across a report by Premium Times concerning a property dispute involving Dr Maryam Abacha and a developer. According to the report, her court processes stated that she granted the developer a power of attorney in connection with a property development agreement. It was alleged that the developer subsequently used the property as security for credit facilities. She commenced proceedings and obtained an interim order from the Federal High Court in Lagos restraining the developer from selling, mortgaging, leasing or otherwise dealing with the property. The court also appointed an interim receiver. The order was made on 29 September 2026 and reported by Premium Times on 2 October 2026.
The matter is still before the court, and the allegations have not been determined. The interim order does not finally establish ownership or wrongdoing by either party. We will therefore leave the merits of the dispute to the court. However, the report raises questions that deserve attention, particularly because powers of attorney are commonly used in property transactions in Nigeria. What exactly is a power of attorney? Can ownership of land be transferred through it? Is a person who receives an irrevocable power of attorney entitled to regard that document as evidence that the land now belongs to them?
What Is a Power of Attorney?
A power of attorney is an instrument of delegation through which one person authorises another to perform specified lawful acts on their behalf. The person granting the authority is called the donor, while the person receiving it is the donee or attorney. Through the document, the donor authorises the donee to do certain things which the donor could lawfully do personally. These may include collecting rent, managing a property, executing documents or transferring an interest in land. The extent of the donee’s authority depends on the terms of the document. A power to manage a property should therefore not be treated as though it necessarily includes a power to sell or mortgage it.
The central distinction is between authority to deal with land and ownership of the land itself. A power of attorney may confer the former without transferring the latter.
Does a Power of Attorney Confer Title?
In Ude v Nwara (1993) 2 NWLR (Pt. 278) 638 at 664–665, the Supreme Court explained that a power of attorney authorises the donee to act in the donor’s place, but does not itself confer or transfer title to the donee. The Court reaffirmed this distinction in Malami v Ohikhuare (2019) 7 NWLR (Pt. 1670) 132 at 156–157. Similarly, in Ezeigwe v Awudu (2008) 11 NWLR (Pt. 1097) 158 at 176, the Supreme Court held that an irrevocable power of attorney was not itself a document conferring title to the property. Where ownership is disputed, the person claiming that title passed to them must establish the transfer. Possession of a power of attorney does not, by itself, discharge that burden.
Revocable and Irrevocable Powers of Attorney
For the purpose of this discussion, we will consider revocable and irrevocable powers of attorney. A revocable power of attorney ordinarily allows the donor to withdraw the authority, subject to the agreement and applicable law. An example is a landlord granting a property manager authority to collect rent, arrange repairs and deal with tenants. The arrangement may provide that either party can terminate it after giving one or two months’ notice. In such a situation, the manager receives authority to perform the agreed duties on the landlord’s behalf. The manager does not become the owner of the property. Although this kind of power may be granted for a particular purpose or period, the duration alone does not determine whether it is revocable.
An irrevocable power of attorney commonly arises where the authority is granted to protect an interest of the donee or secure the performance of an obligation owed to the donee. Consideration may be money or another legally recognised benefit, and the underlying transaction must be examined to understand the protection claimed. In Chime v Chime (2001) 3 NWLR (Pt. 701) 527 at 554–555, the Supreme Court explained that a power expressed to be irrevocable and granted to secure such an interest or obligation cannot be revoked by the donor without the donee’s consent while the interest subsists or the obligation remains undischarged. The description “irrevocable” must therefore be read alongside the purpose of the power and the transaction supporting it.
If a Purchaser Has an Irrevocable Power of Attorney
This brings us to the situation many purchasers encounter. A person pays for land and receives an irrevocable power of attorney authorising them to deal with the property. Does payment of the purchase price, together with the irrevocable nature of the power, make that document an instrument of title? The position explained in the Supreme Court decisions is that the execution of the power does not itself transfer title. It may, however, authorise the donee to carry out a transfer. In Ude v Nwara, the Court recognised that the donee could exercise the authority by conveying the property to another person, including the donee where the power permits it. The authority to execute a conveyance and the conveyance itself remain separate matters.
What does this mean for the person receiving the power? When exercising the delegated authority, the donee acts on behalf of the donor and within the powers granted. If the donee executes a transfer under that authority, the document should identify the donor and properly show that the donee is acting as the donor’s attorney. Receiving the power does not entitle the donee to proceed on the assumption that ownership has already passed. Where the proposed transfer is to the donee personally, the authority for that transaction must also be established, and the applicable requirements for completing the transfer must be observed.
Does the Purchaser Have Any Rights?
At this point, someone who bought land and received only an irrevocable power of attorney may understandably ask whether the purchase has left them without any rights. That conclusion should not be drawn without examining the transaction. Payment of the purchase price, the sale agreement and other documents may establish contractual or equitable rights. A properly constituted irrevocable power may also protect the purchaser against unilateral withdrawal of the authority while the secured interest or obligation subsists. These protections are significant, but protection against revocation does not turn the power of attorney itself into a conveyance. The purchaser’s rights and the steps required to complete the transfer must be assessed from the documents and circumstances of the particular transaction.
Practical Point Before Signing
If you bought land and received only a power of attorney, have the documents reviewed to establish what interest you acquired and whether further documents, consent or registration are required to complete the transaction. If you are granting a power of attorney over your property, understand whether it authorises management, sale, mortgage or a transfer to the attorney personally. The document should also be read alongside any sale agreement, development agreement or other arrangement it supports. These matters deserve attention before signing, because a power of attorney may authorise dealings that substantially affect your property even though it does not itself transfer ownership.
Further information: For information about our work in land transactions, title documentation and property disputes, see our Property Law practice.
This Legal Briefing provides general legal information and does not constitute legal advice on any particular matter. The legal effect of a power of attorney depends on its terms, the underlying transaction and the applicable law.
Ebelechukwu Aroh-Nwoka
The Nigerian Family & Property Lawyer
Protect what you cannot afford to lose: your land, your legacy, and your family.
