Power Of Attorney

Question 1

See ss. 9(5) and 14

Answer 1

The attorney should execute the deed in the name of the donor, but may execute it in his own name, except where any statute directs that the deed is to be executed in the name of the donor.

Question 2

The position of the law that non registration of an instrument renders it inadmissible in evidence like any other deed has changed.

Answer 2

Ojugbele v Olasoji

Question 3

Anuku v. Standard Bank

Answer 3

A power of attorney takes effect from the date stated on it.

Question 4

Benjamin v Kalio

Answer 4

Stamping precedes registration and both are required when the power of attorney confers interest in land or landed property.

Question 5

National Bank of Nigeria Limited v Korban Brothers Nigeria Limited and Ors. (1976) 1 FNR 11, Ude v Nwara (1993) 2 NWLR (Pt. 278) 638. See also Chime v Chime (2001)3 NWLR (Pt. 701) 52

Answer 5

A Power of Attorney is a formal instrument by which one person empowers or authorises another to act for him, or act in his stead for certain purposes. The person giving the power is called the donor, while the person to whom the power is given is called the donee. Only a person in law (i.e. someone who can sue and be sued) can be an attorney.

Question 6

Ibrahim v Obaje (2018) ALL FWLR (Pt. 197) 1682

Answer 6

where the Supreme Court held that a Power of Attorney in some circumstances may pass interest in land.