Power of Attorney

- PART I: Power of Attorney -

What is a Power of Attorney

9 Features of a Power of Attorney - Ude v Nwara

1. Document of delegation only;
2. Specifies the power the donee may exercise - strictly construed;
3. Must be in writing, not necessarily by deed;
4. May be given for consideration, coupled with interest, or for a fixed period - irrevocable until consideration realised or period elapsed;
5. NOT an instrument of conveyance;
6. Registrable instrument if it authorises execution of an instrument affecting land;
7. Must be given by a person with legal capacity to another with legal capacity;
8. Usually executed as a deed poll;
9. Governor’s consent NOT required, EXCEPT in Lagos.

Parties to a POA

Strictly, the only party is the donor. Hence made in deed poll (first-person pronoun “I”/“We”). The donee is NOT a party with corresponding rights.

Capacity of Parties - National Bank of Nig Ltd v Korban Brothers

• A person may only appoint an attorney to do acts he himself may lawfully do;
• Appointment of an agent cannot cure a disability the principal suffers;
• Only juristic persons capable of suing and being sued can be donees.

Juristic vs Non-Juristic

Juristic	Non-Juristic
Natural persons; Incorporated companies; Registered bodies	A position/office; Unincorporated business associations

Multiple Attorneys

• Must specify whether joint or individual action binds the donor;
• Must state whether on death of one attorney the survivors continue, or the death invalidates the rest.