DAILY LAW TIPS
by Onyekachi Umah,Esq.
“Legal Practitioners Cannot Sell Land In Nigeria.”
Practise of law is for legal practitioners alone. A legal practitioner is a lawyer that has been called to the Nigerian Bar. Legal practitioners are bound by the Rules of Professional Conduct For legal Practitioners 2007. Among the provisions of the said Rule, is that legal practitioners cannot engage in any other profession. The survey, valuation and sell of land is for another profession (Estate Surveyors and Valuers), hence no legal practitioner can combine such profession with law practise. Note, that a lawyer can work as “Transaction Adviser” as well as “Due Diligence and Compliance Expert” for any land transaction but cannot be a mere land agent, jobber and estate manager.
My authorities are Rule 7 of Rules of Professional Conduct For Legal Practitioners 2007 and the Judgement In NBA V. IBEBUNJO (2013) 18 NWLR (PT. 1386)
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***This is the writer’s view not a legal advice and does not create any form of relationship. ***
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The most popular document in land transactions in Nigeria is“Power of Attorney”. Purchasers and sellers of land have given more powers than the law provided for to power of attorney. Power of attorney is merely a document which authorises a person to act for another as an agent. It is a document of delegation. In it, an owner of a right, power or title can transfer his rights to another person to exercise for him. The owner of the right is referred to as “Donor” while the person to whom it is donated to is referred to as a “donee”/ “attorney”. A power of attorney can be with or without a seal (a red wax or rubber sticker and the words “signed, sealed and delivered”).