You live in London, Houston, Toronto or Dubai. You own property in Enugu, or you are
still buying it, or a tenant has stopped paying. Someone has to act for you in Nigeria. That someone
needs a power of attorney — and it is the single most commonly needed document among Nigerians
in the diaspora.
First, the one thing a power of attorney does not do
A power of attorney lets your donor-appointed attorney (the donee) deal with
your property on your behalf. It does not transfer ownership. It is not a conveyance.
This is where diaspora Nigerians lose money. People are sold “irrevocable powers of attorney”
over land as though they were sales. They are not. Where ownership is meant to pass you still need a
deed of assignment and, for titled land, the Governor's Consent under
section 22 of the Land Use Act. Note too that no individual owns Nigerian land outright by
freehold — you hold a lease of up to 99 years evidenced by a Certificate of Occupancy.
Why Nigerians abroad need one
Property management. To let the property, sign a tenancy agreement, collect rent, deal with a tenant, or complete a transaction — described as the most common diaspora use case.
To let a lawyer act for you. With a properly executed power of attorney your lawyer can file court papers, appear in court, sign documents and receive or submit evidence in your name. Nigerian courts do not require your physical presence where you sue through a legal representative.
Continuity. Travel, hospitalisation, relocation — anything that makes you unavailable for a stretch.
Keep the deed narrow. A “specific” power of attorney limited to one purpose is
the safe default. Do not grant authority to sell property or withdraw money unless a named
transaction genuinely requires it.
How to execute it — the step people skip
A badly executed power of attorney gets rejected at exactly the moment you need it. The sequence:
1. Sign and witness. Properly signed and witnessed. Where the grantor is illiterate or blind, the document must be attested by a judge, magistrate, JP, Notary Public or Commissioner for Oaths.
2. Attest before a Notary Public. A power of attorney executed in Nigeria and intended for use abroad should be notarially attested, because a notary's seal carries credit internationally.
3. Pay stamp duty. Stamp duty is payable on the instrument before it can be used in evidence.
4. Register it if it concerns land. A power of attorney over land generally needs to be properly executed, stamped and registered before the Lands Registry will act on it.
The registration trap. In Ojugbele v. Olasoji (1982) SC 71 the Supreme Court held that a
registrable power of attorney which is not registered is inadmissible as evidence in court. In
Lagos, a power of attorney authorising anyone to deal with land must be delivered to the Registrar for
registration, and an irrevocable one must be registered or it is void. Get this wrong and
your attorney is simply turned away.
Using it outside Nigeria — legalisation, not apostille
If a foreign authority needs the document, expect a chain, not a stamp:
Notarisation before a Nigerian Notary Public.
Authentication at the Ministry of Foreign Affairs, Legal Services Division, Abuja — the sole authority for authenticating Nigerian documents for use abroad.
Embassy legalisation at the embassy or high commission of the destination country.
Nigeria is not a party to the Hague Apostille Convention. That means an apostille is not
available for Nigerian documents — consular legalisation is the only route. Anyone who tells you
they can apostille a Nigerian document is mistaken.
Start early: practitioners advise beginning 2–3 months before you need the document.
What it costs
Fees stack rather than substitute for each other:
Stamp duty on the instrument.
Registration fee at the state Lands Registry. Published state-level figures for power of attorney registration run to about ₦50,000 — but this varies by state and changes, so confirm the current figure with your registry.
Lawyer's professional fees for drafting and for the notarial work.
Diaspora agent fees, if you use one. Published procurement-only costs for other Nigerian documents give a sense of scale: transcripts ₦5,000–₦30,000, police clearance ₦10,000–₦40,000, birth certificate ₦10,000–₦25,000.
These figures are indicative and drawn from practitioner sources, not statute — treat
them as a scale, not a quote.
Mistakes that cost diaspora Nigerians money
Treating a land power of attorney as a sale. It authorises dealing, not ownership.
Granting sweeping powers. “Do all things” deeds are dangerous. Name the power, name the property, set an expiry.
Trusting the wrong person. Reported fraud patterns against diaspora buyers include fake land titles, double sales, land that does not exist, and family members who “help” until the money disappears. One reported case: a UK-based Nigerian who sent funds to build in Enugu and found the land had never existed or had been resold.
Not verifying title first. Confirm the Certificate of Occupancy at the state Ministry of Lands, get a licensed surveyor to confirm boundaries, and check the land is not under government acquisition.
Assuming a receipt equals ownership. Without a registered deed of assignment and survey plan, property can be contested or revoked.
Draft the deed in 2 minutes — free
DocOga's Power of Attorney generator asks you who you are, who you are appointing, what property it
covers and which powers you actually want to grant — then builds the deed as you type. Tick only the
powers you need: manage, let, collect rent, sue, register at the Lands Registry, pay rates, operate a
designated account, or sell. Tick “sell” and the deed adds the section 22 Land Use Act warning for you.
Can I sign a Nigerian power of attorney while living abroad?
Yes. You do not need to be physically present. Sign it, have it attested before a Notary Public, and send it to Nigeria for stamping and — for land — registration at the Lands Registry.
Does a power of attorney transfer ownership of my property?
No. It authorises dealing with property; it is not a conveyance. Ownership passes by a registered deed of assignment plus, for titled land, the Governor's Consent under section 22 of the Land Use Act.
Does it have to be registered?
If it concerns land, in practice yes — Ojugbele v. Olasoji (1982) SC 71 holds an unregistered registrable power of attorney is inadmissible in court. Stamp duty is payable too. Fees vary by state.
Can I get an apostille for a Nigerian power of attorney?
No. Nigeria is not a party to the Hague Apostille Convention. The route is consular legalisation: notary → Ministry of Foreign Affairs authentication → embassy legalisation.
How much does it cost?
Stamp duty, a Lands Registry registration fee (published state figures run to about ₦50,000 but vary), lawyer's fees, and agent fees if you use one. Confirm current figures with the registry.
Should I give my attorney power to sell?
Only if an identified sale genuinely needs it, and with legal advice. It is the most abused authority in a power of attorney. Keep the deed narrow and set an expiry date.
Sources and confidence
Practitioner and secondary sources — LegalDoc.ng, “The A–Z of a Power of Attorney in Nigeria”
(what a POA is and is not; special over general; registration before the Land Registry will act);
Olamide Oyetayo Legal, “How to sue someone in Nigeria while living abroad” (acting through a lawyer;
keep the POA narrow); a practitioner note on powers of attorney citing Ojugbele v. Olasoji
(1982) SC 71, the Lagos registration requirement, notarial attestation for use abroad, and Evidence
Act s.83(4) on signing; Boldem Synergy on the authentication chain from abroad and indicative
document-procurement costs; Lexology on Ministry of Foreign Affairs authentication; Schmidt-Export on
Nigeria not being a party to the Hague Apostille Convention; Nigeria Housing Market, Veraz Advocates
and Guardian Nigeria on diaspora property fraud patterns and the Land Use Act s.22 consent
requirement; a state Lands Registry schedule listing a ₦50,000 power of attorney registration fee.
What we could not confirm. The ₦50,000 registration figure is from a single state source —
registration fees are set state by state and change, so treat it as indicative only. Stamp duty rates
were not verified against a current schedule. We found no primary (statute or judgment text) source for
the registration-fee amounts. This page is general information about Nigerian practice, not legal
advice: because a power of attorney can be used to dispose of property, have a Nigerian lawyer review
yours before you sign.