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The short answer
A power of attorney appoints someone to act for the landowner; it does not itself transfer ownership to you. Calling it "irrevocable" does not make it so: under Nigerian law it is irrevocable only where given for value until the purpose is achieved, or for a fixed period. A buyer on a power of attorney still needs a deed of assignment, Governor's Consent and registration to hold title.
Diaspora buyers are often offered land "on irrevocable power of attorney", especially where the seller lives abroad, the title is still in a developer's or family's name, or the parties want to avoid the cost and time of Governor's Consent. The document can look final, with stamps and a seal. Legally it is something different from a sale, and the gap is where buyers lose money.
What a power of attorney does
A power of attorney (POA) is an instrument by which the owner (the donor) authorises another person (the donee) to act on the owner's behalf: to manage, let, sell or sign documents about the land. It is an authority to act, not a conveyance. A LawPavilion guide by Moruff O. Balogun sets out the main rules:
- A POA is irrevocable only if given for valuable consideration, until that purpose is realised, or for a fixed period; the label "irrevocable" on its own does not make it so.
- A power granted by deed is revoked by deed. A later power to someone else does not automatically revoke an earlier one, which means two people can hold competing powers over the same land.
- Powers can be revoked expressly, impliedly or by operation of law.
- A POA over land is registrable under the state Land Instruments Registration Laws, must be stamped before registration, and an unregistered instrument may be inadmissible in evidence.
- A POA executed outside Nigeria must be witnessed by a notary public, judge or magistrate.
Why it is weaker than an assignment
| Point | Power of attorney | Deed of assignment |
|---|---|---|
| What it does | Authorises an agent to act for the owner | Transfers the owner's interest to the buyer |
| Who holds title | Still the donor | The buyer, once consent and registration are complete |
| If the donor dies | Revocable powers end; even irrevocable ones invite disputes with heirs | Buyer's title is unaffected |
| Competing documents | Donor can grant other powers or sell to someone else | Registered deed gains priority |
| Bank security | Not the document banks look for | Accepted after consent and registration (Ownkey, June 2026) |
The Land Use Act adds a further problem. Section 22 bars alienating a statutory right of occupancy "by assignment, mortgage, transfer of possession, sublease or otherwise" without the Governor's consent first obtained, and section 26 makes contrary transactions void. A POA used to hand you possession and the right to deal with the land as owner, in place of a consented assignment, can run straight into that rule.
When a POA is used properly
- To sign on behalf of an owner abroad. A seller living in Canada appoints a lawyer or relative to sign the deed of assignment to you. Here the POA is a tool to complete a proper sale, not the sale itself; see is a POA signed abroad valid.
- To manage property. An owner abroad lets a caretaker collect rent and deal with tenants.
- As an interim step. Some estate developers issue a POA while a global title or consent is being processed, with a deed to follow. Insist on a written date for the deed.
If you are offered land on a POA
- Search the title at the land registry: who holds it, and are there other powers or charges registered? See land registry searches by proxy.
- Ask for a deed of assignment instead, and agree who pays for consent.
- If a POA is unavoidable for now, make sure it is by deed, given for stated consideration, stamped and registered, and that the contract obliges the donor to execute an assignment by a fixed date.
- Get the donor's identity and title documents verified by your own lawyer.
- Never pay in cash or to a person other than the donor or their lawyer's client account.
A worked example
Example only. Bola, in Rome, pays ₦25,000,000 for a plot "on irrevocable POA" from a seller who holds a C of O. The seller dies two years later. His children dispute that the land was sold; nothing was registered and no consent was obtained. Bola's paper shows she was authorised to act for the seller, not that she owns the land. Had she taken a deed of assignment, obtained consent and registered it, the seller's death would not have affected her title, and the costs of consent would have been the price of that certainty.
Where Pryme fits
Pryme cannot verify land. What it can do is make your payment trail clear: each transfer from your multicurrency account can carry a verifiable receipt through VerifyDoc.ai, showing who you paid and when, which matters if a sale is ever contested. For revoking a power you granted, see revoking a POA from abroad.
Questions people ask
Is an irrevocable power of attorney a title document in Nigeria?
No. It authorises someone to act for the owner. Title passes by a deed of assignment with Governor's Consent and registration.
Can an irrevocable power of attorney be revoked?
It is irrevocable only where given for valuable consideration until its purpose is achieved, or for a fixed period. The label alone does not make it irrevocable.
What happens to a power of attorney when the donor dies?
A revocable power ends. Even a power described as irrevocable can lead to disputes with the donor's heirs if no assignment was registered.
Does a power of attorney need to be registered?
A POA over land is registrable under state land registration laws and must be stamped first; an unregistered one may not be admissible in evidence.
Sources
- LawPavilion (Moruff O. Balogun): Power of attorney in Nigeria, the law, the power and the practice · accessed Oct 2026
- PLAC: Land Use Act, Cap L5 LFN 2004 · accessed Oct 2026
- Mondaq (Charis Legal Practice): What Nigerian courts really say about your real estate documents, 22 Oct 2025 · accessed Oct 2026
- Ownkey: Deed of assignment vs deed of conveyance vs letter of allocation, 24 Jun 2026 · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.