If you’re a Nigerian living abroad and someone has wronged you back home—maybe they stole your money, sold your land without permission, refused to repay a loan, or defamed your name—you might be wondering:
“Can I sue someone in Nigeria while living abroad?”
The short answer is yes. Nigerian courts allow diaspora Nigerians to initiate legal proceedings from outside the country. However, the process requires the right legal steps, proper documentation, and often, the use of a Power of Attorney (POA) to act through a trusted lawyer on ground.
In this article, we break down how to sue someone in Nigeria from abroad—what the law says, the process involved, and how to protect yourself legally without ever having to step foot in a Nigerian courtroom.
- Yes, You Can Sue Someone in Nigeria While Abroad
Nigerian law does not require your physical presence to file or pursue a lawsuit.
As long as:
- The cause of action (what the person did wrong) occurred in Nigeria, and
- The defendant (person you are suing) resides in Nigeria or can be found there,
You are entitled to commence and sustain a legal action, even if you live in the UK, U.S., Canada, or anywhere else.
Legal Basis: Nigerian civil procedure rules allow plaintiffs to sue through a legal representative with a properly executed Power of Attorney or legal brief.
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Common Reasons Diaspora Nigerians Sue in Nigeria
Here are some of the most common disputes that lead diaspora Nigerians to sue in Nigerian courts:
- Land Fraud: Someone sold your land without consent, or built on it illegally.
- Breach of Contract: You gave money for a business, building project, or import deal that went wrong.
- Debt Recovery: You lent money to someone who refuses to pay back.
- Family Property Disputes: Relatives trying to sell or misuse inherited land without your approval.
- Defamation: False claims that affect your reputation in your home community or online.
- Mismanagement of Funds: Agents or representatives mishandling property, rent, or investments you left in their care.
Tip: Nigerian courts treat such cases seriously, especially if you present clear documentation and have a trusted lawyer handling it locally.
- How to Start the Process: Step-by-Step
Step 1: Hire a Nigerian Lawyer You Trust
- Why it’s crucial: Your lawyer becomes your eyes, ears, and legal voice in Nigeria.
- Choose alaw firm that understands the challenges diaspora clients face. For example, at Olamide Oyetayo & Co., we handle such international instructions regularly and can act swiftly to protect your interests.
- Make sure your lawyer is registered with the Nigerian Bar Association and has experience withcivil litigation, property law, or contract law, depending on your issue.
Step 2: Grant a Power of Attorney (POA)
- A Power of Attorney gives your lawyer (or other trusted representative) the legal authority to:
- File court papers on your behalf
- Appear in court for you
- Sign legal documents
- Receive or submit evidence
- You can draft a Specific Power of Attorney limited to the purpose of that case.
- The POA should be:
- Notarizedin your country of residence
- Authenticatedat the Nigerian Embassy or High Commission (if possible)
- Registeredat the relevant High Court in Nigeria by your lawyer
Security Tip: Keep the POA narrow in scope. Do not give authority to sell property or withdraw money unless absolutely necessary.
Step 3: Gather All Relevant Evidence
Even if you’re abroad, you’ll need to send your lawyer:
- WhatsApp chats, emails, or receipts
- Photos or videos (for property or damage claims)
- Bank transfer evidence
- Contracts or agreements (even if informal)
- Names, addresses, and phone numbers of those involved
All these can be scanned and sent by email or via a secure cloud folder (e.g., Google Drive).
Step 4: Let Your Lawyer File the Lawsuit in Court
Your lawyer will:
- Draft and file a Statement of Claim at the appropriate court
- Serve the defendant with court processes
- Represent you during court appearances, hearings, and trial
- You will be kept informed regularly and can appear via video call (in some courts) if needed.
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5. Do I Need to Come to Nigeria for the Case?
Not necessarily. In most civil matters, your physical presence is not required, especially if:
- You’ve given your lawyer a valid Power of Attorney
- You’ve provided all your evidence
- You don’t need to testify in person (though in rare cases, the judge may request it)
If you must testify, your lawyer may explore options like:
- Filing an Affidavit of Evidence on your behalf
- Applying to court for your virtual testimony via Zoom or Microsoft Teams (now allowed in some Nigerian courts)
Note: Your lawyer will advise based on the nature of the case and the judge handling it.
6. How Long Will It Take?
- Court cases in Nigeria can take anywhere from 3 months to several years, depending on:
- The complexity of the case
- The court’s calendar
- Whether the defendant delays or files counterclaims
- However, your lawyer can apply for:
- Interlocutory injunctions(to freeze property or stop ongoing fraud)
- Default judgmentif the other party fails to respond
Pro Tip: Choose a lawyer who actively follows up and pushes your case forward, not one who just waits for court dates.
7. What Happens If You Win the Case?
If the court rules in your favour, your lawyer can help you:
- Recover funds (through garnishee orders or bank account seizure)
- Reclaim property or eject illegal occupants
- Get damages/compensation awarded by the court
- Register judgments for enforcement against the defendant’s assets
Your judgment is legally binding and enforceable—even if you live abroad.
8. How Much Does It Cost to Sue from Abroad?
Costs vary depending on the nature of the case and the law firm, but typical expenses include:
- Lawyer’s professional fees
- Court filing fees
- Power of Attorney drafting, notarization, and registration
- Cost of serving court documents on the defendant
- Appearance fees
Final Thoughts
Yes—you absolutely can sue someone in Nigeria while living abroad.
As long as you follow the right legal process, choose a trustworthy Nigerian lawyer, and present your evidence clearly, you can protect your rights and assets without leaving your host country.
Don’t let distance or intimidation stop you from seeking justice.
At Olamide Oyetayo & Co., we help Nigerians in the diaspora file and win legal cases in Nigeria, whether it involves land disputes, debt recovery, contract enforcement, or family property issues.
Contact usto schedule a virtual consultation.