*HOW TO MAKE POWER OF ATTORNEY TO BE GENUINE AND ACCEPTABLE.* DAILY LAW TIPS (Tip 312) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Power of attorney can be written for any purpose. It is an authority/consent given by any person to anyone to do or not to do anything on behalf of the giver of such consent.
Courts MUST presume any document claiming to be power of attorney to be a genuine power of attorney if such power of attorney was signed and authenticated by a Notary Public or any Judge or Magistrate, consul or Nigeria representative or Presidential representative. Once a power of attorney is signed and authenticated by any of the persons mentioned above, such document will be accepted by any court as a good evidence of power of attorney.

My authorities are sections 150 and 259 of the Evidence Act, 2011.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 145)
“Power Of Attorney Can Not Transfer Ownership/Title Of A Property”

Power of Attorney is an instrument that merely delegates, extends and offers limited powers to a person to do something. It cannot and does not transfer, vest, confer or alienate the title and ownership of its Donor. It is wrong to use or have only a power of attorney as prove of ownership of title. Though some states allow the registration of power of attorney, it is actually registered as an instrument allowing and authorising execution of another instrument for alienation, sale and transfer of ownership. So, Deed of Sale, Deed Of Assignment, Deed Of Conveyance and Deed Of Transfer are better options.

My authorities are section 2 of Land Instruments Registration Law, Vol. 3, Laws Of Ogun State, 2006 and similar laws in other states of the Federation as well as the cases of Ude V. Nwara (1993)2 NWLR Part 278, 647 and Olorunfemi V. Nigeria Educational Bank Limited (2003) NWLR Part 812,p.1.


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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 121)
“Agreements in Nigeria Do Not Require Signatures of Notaries Public or Magistrates or Court Staff to be Legal and Binding”.

Legality of agreement is not based on stamping or singing of agreement by a court staff/magistrate/Notary Public. Agreement will be legal where parties who are adults and sane have agreed on a lawful transaction. Even where there is an illiterate in the agreement the person writing the agreement can state so and does not need to go to court for Magistrate or any court staff.

See section 2 of Illiterates Protection Act, Laws of Nigeria (Abuja) and similars laws in states as well as the case of Okafor V. Titilope & Ors (2018) LPELR-44385 (CA).

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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”).

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