Dealings in Land Through Power of Attorney-A Quagmire for Donees?

Abstract

INTRODUCTION

It appears to be settled in law that a power of attorney is an instrument of delegation of authority only. It does not transfer any title to or interest in the land over which it is donated. This is so even where the donee has an interest to be secured, such as where he has furnished consideration in furtherance of a sale of real property to him. It is simply not an instrument of alienation.

A practice presently carried on in many parts of Nigeria notably in some eastern and southern states especially Abia, Imo and Rivers States is the resort to the use of power of attorney in dealings in land. This medium is used on the advice of legal practitioners in an attempt to evade the requirement of seeking consent of appropriate authorities with its Hermean procedure and high fees; to avoid offending other provisions of the Land Use Act¹ which bar alienation of certain category of lands. All such powers of attorney are expressed to be irrevocable (and in fact they are by operation of law) and are exchanged for high valuable consideration.