Week 5 - Power of Attorney

Power of attorney cannot be used to do some certain things

Defend criminal cases – A Power of attorney can be used to institute or defend a civil case. Power of attorney can also be used to prosecute a criminal case e.g. by a feat, but it cannot be used to defend criminal cases. Any trial that goes on in a criminal case without the presence of the accused is a nullity.
It can’t be used in marriage

Parties in a power of attorney are called donee/attorney and donor/principal.

A power of attorney instrument cannot be made orally. It must be in writing

Definition of terms

Donor- the principal is the one who donates the power
The donee: the person to who the power was donated

Uses of a power of attorney

Buying and selling on behalf of the donor;
Collecting money on behalf of the donor;
Prosecuting cases in court;
Receiving rates, rents, profit;
Management of properties on behalf of the donor

Note: Power of attorney is not used to confer, alienate, limit, charge or transfer any title to the donee. It is not an instrument of transfer of title. It is only an instrument of delegation of authority,it cannot be used to transfer interest See Ude v Nwara. It is not a deed.It merely warrants and authorises the donee to do certain acts, it is not an instrument that confers, alienates, limits or transfers any interest rather it could be a vehicle for which this acts could be done by the donee for the donor.

A donee can only carry out legal acts that the donor can lawfully do.

Can a power of attorney be used to transfer title from a donor to donee? He would send us the answer

No because it is not good root of title. Good root of title refers to a document that may be tendered in court or produced to prove ownership of land.

There are 5 conditions a document must satisfy before it can qualify as a good title document

It must clearly describe the property to which it relates – power of attorney satisfies this criteria;
It must convey both legal and equitable interest in that property – power of attorney fails this condition as it doesn’t convey any interest;
It must describe the owner of title – it satisfies this
The document must not be subject to any interest – it doesn’t satisfy it, power of attorney is subject to the interest of the owner
It must have nothing on the face of it to cast suspicion or doubt on it authenticity – it satisfies this criteria, however it failed two, so it cannot be an instrument of transfer of property but merely of delegation of authority.

See Section 6(3) Conveyancing Act , 8(8) Property Conveyancing Law, Ogunleye v Oni 1990 2 NWLR pt.135, Olojunde.

The law says that after the power has been given the power of attorney can alienate the property to himself. This however does not mean that a deed of assignment doesn’t need to be executed. A second document of deed of assignment has to be executed, he cannot use the power of attorney document.

Features of power of attorney

Power of attorney is usually a special instrument in form of a deed poll – it’s a deed poll because it needs to be executed by only one party (Note one party is different from one person), other examples of deed poll include deed of gift, will.
It is an instrument of delegation only
It specifies the powers which the donee can do on behalf of the donor
It is not an instrument of conveyance

See. S.46 and 47 CA and s.141 PCL

The existence of a power of attorney granted to the donee does not preclude the donor from personally carrying out the act. See chime v chime (2001) 3 NWLR (pt.701) 527 at 549;Ajuwon v Adeoti (1990) 2 NWLR part 132 p.271. That power is given doesn’t mean the person has transferred title to the donee.

Chime v Chime says that the mere fact that a power of attorney has been created doesn’t mean the donor has lost the right over that property.

A power of attorney given in respect of family property must be executed by the head of the family as one of the donors; otherwise it is void. See AJAMOGUN V OSHUNRINDE (1990) 4 NWLR (pt.144) 407 at 419.

A Power of attorney is interpreted strictly and exhaustively, therefore any lawyer donor, or donee involved in the creation of a power of attorney should ensure that the instrument embodying the powers, clearly, unambiguously and expressly spells out ALL the specific powers created or donated so as to avoid any controversy or dispute in the future time. This is because a power of attorney would not be interpreted to include any power that is not expressly and specifically stated. In summary its taken to say all it means and mean all it says. Anything that is not stated is taken to not be there.

Construction of a power of attorney

Powers are construed strictly so the instrument should be drawn exhaustively.
A general or omnibus clause in a power of attorney will not be interpreted to confer any additional powers on the donee. It must be construed in terms of the specific powers already given: ABINA V FARHART

Types of power of attorney

General
Specific
Revocable: can be revoked anytime as long as the
Irrevocable

As a general rule powers of attorney being a deed poll is usually executed by only one party however there are some instances in which it may become desirable for the donee to also sign and execute the instrument. Such instances include:

Where the instrument embodying the power of attorney also imposes some obligation on the donee; this is because of privity of contract, if the donee does not sign you cannot enforce it against him (Tweddle v Atkinson). The reason is the donor cannot enforce such obligations against the donee because a person who is not privy to a document (not a signatory to a document), no obligation created under that document can be enforced against him. Privity says a person is not bound by a document not executed by him.
Where the instrument embodying the power confers some benefits on the donee. This is also based on the doctrine of privity. See the case of Price v Easton 1833 4 B and AD page.433
To prevent fraud and assist investigation into the property covered by the power of attorney – signature of the donee makes it impossible for someone else to pretend and aids investigation.

Information needed to prepare a power of attorney

Particular of the donor – particulars includes full name and address;
Particular of the donee;
Particular of witnesses;
Particulars of the object of delegation;
Whether or not it is given for valuable consideration- there are two types of consideration in power of attorney i)for costs incurred in carrying out instructions – this is a principal consideration ii) when the donee has given the donor some consideration for his promise to keep the power of attorney irrevocable,
Whether or not it is stated to be irrevocable – note that even when it has not been given for any duration or expressly stated to be irrevocable there are some instances that the law will say its irrevocable.
Duration of the irrevocability

Mr Sylvester Udemezue article Pg 7-10

Appointment by deed: Abina v Farhat(1938) 14 NLR, 17 – where the authority conferred on the donee will require him to execute a deed, then his appointment must be by deed.

Capacity of the parties

The donor must be capable of doing the act delegated
Both parties must be juristic entities in law .See National bank of Nigeria limited v Korban (1976) 1 FNLR 116
Persons lacking in capacity in law cannot be a party to a power of attorney e.g. infant,bankrupt, unincorporated entity, insane

Both parties must be legally capable to be either donor and donee and the legal capacity must continue for as long as the power of attorney continues, if any of the parties to the power of attorney loses his legal capacity at any time during the pendency/subsistence of the power of attorney, the power of attorney loses its validity. There are exceptions National bank of Nigeria limited v Korban (1976) 1 FNLR 116

**A person may appoint an attorney to carry out on his behalf only acts, that he may himself lawfully do. The appointment of an Attorney cannot be used to cure a disability suffered by the Donor. Therefore the Donor must be legally capable of doing that which he appoints another to do on his behalf. Note: infant, bankrupt, unincorporated entity, insane. Only a juristic person capable of suing and being sued can be appointed a Donee of a power of attorney. See NBN LTD. V. KORBAN BROTHERS NIGERIA (1975) 1 FNR 11; Ude vs. Nwara (supra); Chime vs. Chime (supra).

Corporate body

Corporation sole e.g. AG of the federation, emir, obaetc when an office or artificial legal person represents only one person then it is called corporation sole. They can create power of attorney.

Corporation aggregate: there are three ways namely 1) corporation registered under part A of CAMA, so a company; 2)anybody incorporated under part C of CAMA – incorporated trustees. So when drafting it should be “incorporated trustees of”;3) Statutory corporations e.g. INEC, university of Lagos. They are capable of suing and entering into contracts. A body registered under part B cannot appoint a power of attorney, they cannot sue or be sued its name.

A boy of 15 years can make a power of attorney for the purpose of necessaries. A minor can contract for necessaries. Generally a minor cannot be a donor unless it is to authorise someone for the purpose of executing a contract for supply of necessaries.

A power of attorney may be conferred on more than one person but the instrument must specify how the attorneys will sign, e.g. together or individually and whether it is the singular or joint act of the parties that will bind the donor.

Revocation of a power of attorney

A power of attorney may be revoked in any of these three ways:

Express revocation;
Implied revocation;
Revocation by operation of law

Express revocation

He who hires can fire.

It is not in doubt that the donor can take back what he has given expressly, the problem lies in what is the acceptable mode of revocation of power of attorney. The mode of revocation of a power of attorney will depend on the mode of creation. It should correspond with the mode of creation. It must be at par or higher than the mode of creation. If a power is created in writing it cannot be revoked orally. In the final analysis Power of attorney created by deed can only be revoked by deed otherwise the revocation is irregular and ineffective. On the other hand power of attorney created in writing can be revoked by writing or by deed.

ADEGBOKUN V AKINSANYA (1976) 8 CCHCJ 2163, OJUGBELE V OLASOJI (1982) SC 71

Implied Revocation

When a person does an act that makes it impossible for the donee to carry out the instructions contained in the power of attorney, then it is an implied revocation. See the case of Chime v Chime – which says the mere facts that a power of attorney was created doesn’t deprive the owner of his rights over the property.

It occurs when the donor after giving a power of attorney to a donee, still goes ahead and deals with the subject matter of the power of attorney in such a manner that makes it impossible for the donee to effect his authority under the power.

Revocation by Operation of law

This is when the power of attorney is revoked by external factors.

If after creation of the power of attorney the donee dies, or becomes bankrupt, or mentally instable (insanity) or other wise loses legal capacity during the pendency / subsistence of the power of attorney, the power of attorney will be said to be revoked by operation of law.

In addition to these 3 (death, bankruptcy, insanity/legal incapacity) there is no doubt that any of the following factors will vitiate a power of attorney.

Fraud
Duress; or
Undue influence

See Agbo v Nwikolo (1973) 3 ESCLR

Note the difference between undue influence and mere persuasion. Undue influence is when does something one would not have done if not for the coercion of the other and others.

Note that factors that vitiate a power of attorney are not factors of revoking. Revocation means that the power of attorney will remain valid until it is revoked,vitiation means it is invalid.

STATUTORY PROTECTIONS/EXCEPTIONS

Revocation by operation of law can create serious hardship or injustice on the parties e.g. the donee may have invested effort, time or may have even paid a lawyer to investigate and the third party may have paid a deposit already before suddenly the donor dies. It was this injustice that led to the remedy of irrevocability of power of attorney arising.

The concept of irrevocability of power of attorney arose as a response to the harsh effects and difficulties of revocation by operation of law. To cushion the effects of these hardships or injustice, some statutory exceptions have been devised for revocation of power of attorney by operation of law. These exceptions are made and targeted to safe guard the interests of both the donee and innocent third parties with whom the donee is dealing. S.142, 143 and 144 Property and Conveyancing Law as well as s.7,8,9,10 Conveyancing Act.

Where the power of attorney is given for valuable consideration and is also expressed to be irrevocable. Irrevocability clause + consideration. S 8 CA, s143Property and Conveyancing Law; UBA v Registrar of Title, LABAGBEDI V ODUNLANA . Note once consideration is offered the duration of irrevocability does not matter, so the irrevocability clause can be for as long as they desire.
Where the power of attorney is irrevocable for a specified fixed period of time whether or not it is given for valuable consideration. Must be expressed for irrevocable for a fixed period of time. An irrevocability clause is essential for this to apply. However because valuable consideration is not given, the period of irrevocability by law must not exceed 12 months (1 year) from the date of creation of power of attorney. If it goes beyond 12 months, then it becomes liable to be revoked but its not automatically revoked by 12 months. So where a power of attorney is made irrevocable but not given for valuable consideration is expressed to be for more than one year (e.g. 3 years), then it is not rendered invalid by the term exceeding a year but it means the power of attorney will become liable to be revoked after the expiration of one year from the date of its creation. This is because the donee did not offer any consideration. Note that even though a power of attorney which is not given for consideration cannot be made irrevocable beyond a period of 1 year from the date of its creation, yet revocation at the expiration of 1 year is not automatic. Until power of attorney is revoked it remains valid pending when the donor decides to withdraw the power.
Where it is not stated to be irrevocable but is coupled with an interest or grant. Here provided it is coupled with an interest or grant the power of attorney remains irrevocable whether or not it is given for valuable consideration until the interest is fully realised.

Further statutory protections

141(1) PCL says that even where the power was not given for valuable consideration or not be expressed to be irrevocable for a fixed period of time or coupled with an interest of grant,the death or other legal incapacity will not affect any action taken by the donor or third party unless the donee or third party is aware of the death of the donor.

S 9(1) of the CA, 1882, s 144(1) of PCL 1959.

Once power of attorney has been granted and is still subsisting, and the donee or third party are not aware of the death or other incapacity of the donor and executed the deed of assignment, the deed of assignment is not revocable. So if a power of attorney is created in the favour of a person any action taken by the donee / or third party prior to the knowledge of incapacity of the donor is valid.

Note s 71 CA, s 142(1) PCL

How does someone prove he is not aware of the donor’s death at the time they executed the deed of assignment, s142(2) PCL –statutory declaration , which should be deposed to before executing the deed of assignment, or at the time of executing the deed of assignment or at a time reasonable after before the expiration of 3 months. This is how the parties can protect themselves.

Include a clause in the deed of assignment that as that day neither the donee, or the buyer have become aware of anything done or not done that will deprive them of such right of power or right to act. The courts say such clause is conclusive proof. Or one of the parties should depose to a statutory declaration / affidavit

Essentials of a power of attorney

Attestation: it is not mandatory in power of attorney but where the instrument of delegation is to be used outside the country of its creation, it must be attested to by a notary public. See s 150 EA AYIWO V AKOREDE (1951) 20 NLR , 4 . Once a jurat is required there needs to be attestation.

A power of attorney intended for use outside the country of its creation should be attested to by a notary public, for easy acceptance in the country of use. This is because a notary public has credit all over the world. But the fact that such is not attested to by a notary public does not render the document void. Attestation does not go to validity, its done for acceptability.

Stamping and registration: power of attorney attracts a fixed stamp duty. Whether or not a power of attorney is registerable depends on whether it qualifies as an instrument under the land instrument registration law applicable to the state where it is used: see Uzoechi v Alinnor (2002) 2 NWLR (pt 753) 217 at 274

Whether power of attorney should be registered or not depends on the jurisdiction. Note however the position in Lagos, registration of power of attorney is mandatory. See s 56, 57 & 94 Land Instrument Registration Law 2015. The combined effect of those sections is that in Lagos state power of attorney authorising any person to deal with any land, lease, sublease mortgage must be registered else it is void. Similarly irrevocable power of attorney must be registered otherwise it void.

S 1, 22, land use act, power of attorney does not transfer legal interest so it does not need governor’s consent

s 7(biii) of the state lands law of Lagos, so governors consent is not necessary because power of attorney is not an instrument of transfer of title.

**Amada v Nsiri- governors consent is mandatory where the power deals with transfer of legal interest in land. The registrar will refuse to register any power of attorney relating to transfer of land on which the consent of the governor has not been endorsed* confirm

TASK 3 CORRECTIONS

a) The measure I will take to ensure that the power of attorney is validly created would depend on the nature and scope of the power created. Where the scope or nature of the power given to the donee would require the donee to at some point execute a deed, then the power of attorney to be given to him must be created under seal by deed. On the other hand where the instructions or powers donated to the donee would not require him to execute a deed at all, or include execution of a deed, his appointment need not be by deed.

Power of attorney would be executed with the transaction involving the land at Kubwa.

One power of attorney would suffice for the two transactions, you don’t need to create a separate power of attorney for each transaction.

b)i)Chief Cardoso and Mr.SadiqSodiq

ii) (this means mention all the instructions or authority given) The power of attorney proposed to be given to mrsadiqsadiq covers the following

To represent chief Cardoso for purposes of sale of his property at 18 omo’noba avenue benin city edostatecovered by the certificate of occupancy dated 4/12/2011 and registered at 44/44/444 to the society for united Nigeria a non- governmental organisation registered under part C of the companies and allied matters act and having its office at 15, Missipppi street, garki, Abuja (note you have to mention all the particulars of the property if they are stated)
To represent chief cardoso for purpose of sale of his property at 33, dutse road, kubuwa, Abuja to league of nations solicitors , a law firm owned at 16, Agu lane , wuse, Abuja
And to exercise all other powers incidental to the above (this is called the omnibus clause, this is an implied power and must be included)

Power of attorney cannot be created orally; the law refers to it as an instrument. It must be created in writing. It is peculiar specie of agency, which is required to be in writing at all times.

Registration under part B of CAMA does not confer legal personality. They are a firm and cannot be a donee because both the donee and donor must be juristic person and have legal capacity

s(1) CAMA

a) See lecture notes

b) The precautionary measures a lawyer called upon to make a power of attorney must take are:

In view of the fact that power of attorney are interpreted strictly and exhaustively he must ensure all the powers must be clearly stated to avoid ambiguity in the document.
If the power of attorney is to be used abroad, he would get a notary public to attest it
Look carefully at the nature of transaction to know whether a power of attorney should be by deed
Carefully check to ensure that all the parties are persons in law because every party to a power of attorney must be a juristic persons
Check whether any of the parties are blind, or corporate body so that the appropriate steps are taken

Ethical responsibilities
Duty of confidentiality – rule 19
Rule 23 represent your client competently
Do not visit tour client in his house
Rule 16
Must not charge excessively
Rule 15(3)(d) if dispute arise draw his attention to the availability of ADR
See RPC

See end for draft of power of attorney.

Ensure that it is attested to by a notary public because a notary public is recognised all over the world. But where it is not attested to it does not affect its validity because attestation goes to acceptability and not validity.

Read the cases that have been mentioned in every course.

a) Use PRES rule to answer the question. IRAC –issue, relevant authority, application, conclusion.

As general rule power of attorney is a revocable instrument and it may be revoked expressly, impliedly and operation of law. this question raises issue of revocation of power of attorney by operation of law. With particular reference to revocation of power of attorney by operation of law statutory safe guards have been put in place to protect the interests of the donee and innocent third parties. Accordingly there are certain instances in which power of a ,ay become irrevocable. These include :

Where the power is given for valuable consideration as well expressed to be irrevocable
Where the power is not given for valuable consideration but expressed to be irrevocable for a period not exceeding 1 year

Where the power is coupled with an interest or a grant

Further statutory protection

Where no consideration is offered by the donee and there is no irrevocability clause the position of the law is that the death, insanity, bankruptcy or other legal incapacity of the donor will not affect any action taken by the donee or innocent third party at a time when they are still unaware of the happenings of such events.

Based on this discussion, in the instant case, the donee and the buyer concluded the transaction on the 8^th of October even though Chief Cardoso died on the eve of the conclusion, neither the donee or third party knew about the death therefore they acted in utmost good faith and therefore his death on the 7^th of October will not affect the transaction that was concluded on the 8^th. The fact that there was no valuable consideration by the donee and it wasn’t expressed to be irrevocable is immaterial. The law applies.

The letter of 19^th October is ineffective because since the transaction is concluded you can’t revoke in retrospect.

b) You can include a clause in the deed of assignment or make a declaration or an affidavit. The court says it’s conclusive proof.
c) 3 months ends on the 6th October and so the power is liable to be revoked.

Where the power of attorney is expressed to be irrevocable for a specified period of time. Incidentally the man died on 7^th October, at the time he died the power had not become liable to be revoked. The transaction was however concluded outside the time of revocation. So we revert back to the 4^th position. Since the transaction was concluded on the 8^th though the death would not affect anything that happens within 3 months, the death affects anything that happens outside of the death. The question is as at October 8 where they aware of his death? If they aware of the death at the time then the transaction would be invalid. If not the transaction on the 8^th was valid.

d) There is no effect, as this is caught by the 1^st

b) – Void ab initio

c) – Voidable

It depends on the jurisdiction. In Lagos it must be registered otherwise it would be void

The clause is caught in the second protection. Identify the option it belongs to because it will make it easier for you to answer/analyse the question.

After one year it is not automatically revoked, it is only liable to be revoked. Although it was stated for 6 years the period of irrevocability will last till December 2017 (the termination date) before it expires because it must not exceed 1 years. The letter was sent within the period of irrevocability so the letter has no effect. Also because of the nature of the power, the power was created by a deed, so it must be revoked by deed. The revocation is invalid. The purported revocation on sep 15 is not effective because of the above two reason.

The power of attorney is still within the period of revocation and his death occurred within the time so the death doesn’t affect the validity

The year ends on December 12, 2016. Mode of revocation – it was created by deed and it was revoked by a document under seal, which is still a deed.

Period of irrevocability ends on December 12 so after the expiration of that date the power has become liable to be revoked and if revoked by the appropriate mode is valid, thus the revocation is effective

The mode of revocation must correspond to the mode of creation so the revocation by e-mail is invalid.

3) The draft document will be with respect to the property at omon’oba and excludes the one at kubuwa. Commencement is :”by this power of attorney” or “this power of attorney made”. Date –“ Made this ………day of……..”. Appointment clause is from “I chief Hubert ….till acts:”….. and it must end with a colon ‘:’. The 3 pieces of information must be contained in the appointment clause. Particulars (Name, address and status) of the donor and donee , the fact that the donor has appointed the donee. The specific powers created and instruction are not part of the appointment clause, the appointment clause ends with the colon.

If the buyer is not known then you’d say to find the bury and take all necessary steps to dispose the property at ..

The authority clause must end with the omnibus clause. It starts from “ 1) take all necessary steps….”. you list all the instructions and end with the omnibus clause

Legal implication of the omnibus clause: note that the omnibus value cannot be relied upon to the power of attorney add any power that is not expressly stated. It gives powers that flow from the main powers, it cannot give you new powers. The expression “And to exercise all powers incidental to the above / and to do all other things as I may lawfully do” means all other things that are necessarily incidental to the above powers. The omnibus clause can either be “and to exercise all powers incidental to the above OR and to do all other things as I may lawfully do”.

Note that where all power of attorney is coupled with an interest or grant, you must disclose the interest.

The testimonium is ‘donor’ not our because it’s a deed poll.

Before you draft the execution you need to know the status of the parties e.g. illiterate, corporate body etc.

POWER OF ATTORNEY

BY THIS POWER OF ATTORNEY made this…… day of ………….20…………….. , I Chief Hubert Wendell Kolade Cardoso (Aka Wendy K. Caddy) of 15, Oredo Quarters, Benin City (donor) hereby appoint Mr SadiqSodiq the Managing Partner of SadiqSodiq& Co Estate consultant of 12, Ore Close, Karu, Abuja (donee) to be my true and lawful attorney and in my name and on my behalf to do all or any of the following acts:

Take all necessary steps from the beginning to the end to sell the property at 18 OmoN`Oba Avenue, Benin City, Edo state covered by the Certificate of Statutory Right of Occupancy dated 04/12/2011 and registered as 44/44/444 in the Lands Registry Benin city, to the incorporated trustees of The Society for United Nigeria, a Non-Governmental Organization registered under Part C of the Companies & Allied Matters Act Cap C 20 LFN 2004 and having its registered office at 15 Mississippi Street, Garki, Abuja
And to exercise all powers incidental to the above,as I may lawfully do

Irrevocability clause where no consideration is offered: “and I hereby declare that this power of attorney shall be and remain irrevocable for a period of 12 months from the date of its creation”

ALTERNATIVELY

How to draft Irrevocability clause where valuable consideration is offered -

“In consideration of the sum of N50,000 (fifty thousand naira) paid by the donee to the donor (the receipt of which the donor acknowledges), the donor declares that this power of attorney shall be and remain irrevocable for a period of 4 years from the date of its creation.” Or “and I hereby declare that In consideration of the sum of N50,000 (fifty thousand naira) paid by the donee to the donor (the receipt of which the donor acknowledges), this power of attorney shall be and remain irrevocable for a period of 4 years from the date of its creation.”

TESTIMONIUM CLAUSE

In witness of which the donor has executed this power of attorney in the manner below the day and year, first above written.

EXECUTION CLAUSE

Signed sealed and delivered by the within named donor

……………………….

Chief Hubert Wendell Kolade Cardoso (Aka Wendy K. Caddy)

IN THE PRESENCE OF

NAME:………………

ADDRESS:…………….

OCCUPATION:…………….

SIGNATURE:……………..

Franking

Prepared by Emmanuel Bello of Bello alibi & co solicitors.

How does a donee execute a deed of assignment when a buyer has been found? The deed is different from the power of attorney. There are two alternative options:

Execution of a deed by a donee on behalf of the donor

Concluding parts of a deed of assignment where the assignor/vendor is represented by the attorney

TESTIMONIUM

In witness of which the parties have executed this deed of assignment in the manner below the day and year first above written

Signed sealed and delivered by the assignor Chief Hubert Wendell Kolade Cardoso (Aka Wendy K. Caddy) through his lawful attorney

……………………………

Mr.SadiqSodiq

By virtue of a power of attorney dated 10th July 2017 and registered as 79/79/2017A in the land registry Benin City.

IN THE PRESENCE OF

NAME:

ADDRESS:

OCCUPATION:

SIGNATURE:

Alternatively the second way of executing it is

Signed sealed and delivered by

…………………………..

Mr.SadiqSodiq, lawful attorney to the assignor (Chief Hubert Wendell Kolade Cardoso (Aka Wendy K. Caddy)) by virtue of the power of attorney dated 10th July 2017 and registered as 79/79/2017A in the land registry Benin City.

IN THE PRESENCE OF

NAME:

ADDRESS:

OCCUPATION:

SIGNATURE>

Note: every time you draft an execution clause don’t forget the attestation.

The assignee can also act

The common seal of the incorporated trustees of The Society for United Nigeria was affixed to this deed and the deed was delivered in the presence of trustee and secretary.

There are 7 paragraphs on a draft of power of attorney

Commencement clause
Appointment clause – it must contain the particulars of the donor of the power and the particulars of the donee
Authority clause – this contains the specific and general powers. The general flows from the specific. Its good practice to itemise each point.
There may be an irrevocability clause
Testimonium clause
Execution clause
Attestation - It is good practice to have it attested in the presence of a notary republic

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