REGISTRATION OF IRREVOCABLE POWER OF ATTORNEY: THE SUPREME COURT DECISION IN IBRAHIM V OBAJE (2019) 3 NWLR (PT 1660) 339 AS A WELCOME DEVELOPMENT

Abstract

The question whether an irrevocable power of attorney qualifies as registrable instrument has continued to surface from time to time. This study examined the legislation and the leading judicial authorities on the registration of land instruments as it concerns irrevocable power of attorney affecting land. This paper aimed at carrying out a critical analysis of the definition of registrable instrument in relation to irrevocable power of attorney affecting land side by side with judicial interpretations. The objectives were to expose the pitfalls in the definition of land instrument and some judicial authorities interpreting it. This work used doctrinal method of data gathering, that is primary sources and in this case the land instrument registration law as well as case laws, in this case, some relevant judgments of the Supreme Court of Nigeria. This study found that there existed a controversy from some recent judgments of the Supreme Court on whether an irrevocable power of attorney qualifies as a registrable instrument. The study also found that some judgments of the Supreme Court have undesirably denied irrevocable power of attorney the status of a registrable instrument. It was recommended that the courts should adopt a liberal position that allows for a case by case examination of each irrevocable power attorney, looking rather at its actual contents and powers given under it rather than the label. It was also recommended that the respective land instruments legislations of various states should be amended to clearly incorporate irrevocable power of attorney as a registrable instrument.