Guess you have heard the word Notary public before? Do you really know who a Notary public is and how to find them when you are in need of them? In this article we are going to explain who a Notary public is, their functions and responsibilities, documents to be notarized and the law governing Notary Public in Nigeria.

 

WHO IS A NOTARY PUBLIC?

A Notary Public is a public official, usually a lawyer who has been authorized by the Federal Government of Nigeria to notarize documents, perform certain legal services, primarily related to the authentication and certification of documents, affidavits, and other legal instruments therein, witnessing signatures on documents, verification, and authentication of documents particularly for use in international transactions, legal proceedings, and business dealings amidst other functions. By sec 1 of Notaries Public Act 2023. The Chief Justice of Nigeria may appoint any fit and proper person being a legal practitioner to be a Notary Public in Nigeria. By the interpretation of the section, a Notary Public must be a legal practitioner practicing in Nigeria.

LAW GUIDING NOTARY PUBLIC

The law guiding Notary Public in Nigeria is the Notaries Public Act 2023 which repealed the Notaries Public Act, Cap. N141, Laws of the Federation of Nigeria, 2004. The law provides for the appointment of Notaries Public, their registration and to regulate the duty of the office of the Notary Public and make provisions for the performance of digital and remote notarizations of documents by Notaries Public in Nigeria and the recognition of digitally notarized documents.

In other words, this new Act which came into being in June 2023 recognized the place of digital notarization and electronic notarial acts. This can be seen in sections 5,6 and 8 of Notaries Public Act 2023.

FUNCTIONS AND RESPONSIBILITES OF A NOTARY PUBLIC

Authentication of Documents: Notaries in Nigeria can authenticate various types of documents, including contracts, affidavits, deeds, and agreements. They verify the identity of the parties involved and confirm that the document is genuine.

Administering Oaths and Affirmations: Notaries can administer oaths and affirmations, which are often required for affidavits and statutory declarations. This ensures that individuals making statements are doing so truthfully and under penalty of perjury.

Certification of Copies: Notaries can certify copies of original documents as true copies. This is often necessary when submitting documents to government agencies, embassies, or other authorities.

Witnessing Signatures: Notaries serve as impartial witnesses when individuals sign important legal documents. They confirm the identity of the signatories and ensure that they are signing willingly and knowingly.

Preventing Fraud: Notaries help prevent fraud by verifying the identities of the parties involved and ensuring that documents are executed correctly.

The Notaries also take acknowledgments of deeds and other conveyances. Perform digital notarization through electronic means.

After performing notarial acts, Notaries provide notarial certificates or seals to attest to the authenticity and legality of the documents or transactions. In Nigeria, it is the seal that is mostly used by the Notary public officers

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DOCUMENTS THAT CAN BE NOTARIZED

By section 7 of the Notaries Public Act 2023 the following documents are to be Notarized

(a) birth certificate;

(b) school certificate;

(c) police clearance certificate;

(d) biodata page of international passport;

(e) marriage certificate;

(f) driver’s license;

(g) foreign documents required to be notarised in Nigeria; and

(h) affidavits.

A Notary can witness the following documents:

(i) sale and purchase agreements, (ii) transfers of land agreements, (iii) assignments of intellectual property, (iv) power of attorney, (v) deeds, (vi) security documentation, (vii) mortgages, (viii) company resolutions, (ix) minutes of meetings, and (x) reports;

He can prepare the following;

1. prepare notarial certificate of law and good standing;
2. administer oaths for giving evidence;
3. notarize bills of exchange;
4. obtain authentication from Ministry responsible for foreign affairs;
5. note or certify transactions relating to bills of exchange and other negotiable instruments;
6. verify company documents etc.

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There is no procedure for how to get a document notarized in Nigeria and in every other part of the world. Generally, a document can only be accepted internationally if it has been notarized or authenticated and its genuineness verified by a Notary Public. Nigeria is not an exception to the above fact. Whenever a Notary has notarized or certified any document, such a document must be sealed with the notary’s seal or stamp and recorded in a register permanently kept by him.

All you need to do is to submit the document to a Notary Public. The Notary Public seals and or stamps the document. Once the Notary Public seals or stamps the document, the document is said to have been notarized.

There is no fixed cost for notarizing a document in Nigeria. The cost depends on the Notary Public officer involved and the number of documents to be notarized. A person seeking to notarize a document in Nigeria should visit or call a Notary Public of a Law Firm to discuss the cost.

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The importance or benefits of notarizing a document cannot be overemphasized. It does the following;

To verify that signatures, marks and copies of documents are true or genuine. Helps to prevent forgery and avoid fraud in legal documents. The presence of a notary seal in any document confirms to the court that the signatures in that document were placed by a genuine person and it is not fabricated.

In conclusion, to become a Notary Public in Nigeria, one typically needs to meet certain eligibility criteria, including being a legal practitioner with a specified number of years of experience. It is not mandatory to notarize all legal documents but in some cases notarization of documents is mandatory. If a person refused to notarize a document, which requires notarization, then the validity of such a document will be questionable and may not be accepted for any official purpose by any authority or court of law where such a document is sought to be tendered as an exhibit in court.

For further enquiry contact:

Email:info@verazadvocates.com.ng

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