IBE v. A.G. & C.J, ENUGU STATE & ORS

- Whether a power of attorney authorizing the commencement of a suit must be notarized or be by deed _"Section 150 of the Evidence provides thus: The Court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary public or any Court, judge, magistrate, consul or representative of Nigeria or as the case may be, of the President, was so executed and authenticated. With due respect to Mr. Alingele, the provisions above are not about the formal requirements of a power of attorney. As was held by the Supreme Court, there is no formal requirement that a power of attorney authorizing the commencement of a suit should be by deed. See VULCAN GASES LTD VS. G.F. IND. GASVERWERTUNG A.G., (2001) 9 NWLR (PT. 719) 610 and ARJANDAS MELWANI VS FIVE STAR INDUSTRIES LTD (supra). The power of attorney, Exhibit A was signed by the principal, Dr. Frank I. Ibe. The action was appropriately commenced in the name of the principal, Dr. Frank I. Ibe and not that of the agent. As a disclosed principal, any defect in capacity goes to the principal and not the agent. This therefore implies that the issue of locus standi based on any defect in the power of attorney of the agent cannot arise. More importantly, the principal has not complained about the activities of his agent and it is trite that no one else can complain about the scope of the authority given by him to his agent. See ARJANDAS MELWANI VS FIVE STAR INDUSTRIES LTD (supra). I see no merit in the contentions of the 4th Respondent in this regard."_ Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Pp 25 - 26 Paras B - C)