Daily Law Tips (Tip 775) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2021/04/LawPavilion19.jpg")
Introduction:
Most Nigerians will only visit a court of law, when in need of an
affidavit or to authenticate a power of attorney/land document.
With the growing call for the declaration of assets of pubic
officers and employees of financial institutions, the need for
Commissioner for oaths in courts have increased, tremendously.
Also, the demand for affidavits of loss by telecommunication
companies before reissuing lost telephone numbers as well as the
demand for affidavits of facts by dispute resolution centers have
equally increased the demand for Commissioners for oaths. Many
school applications, job applications, loan applications and
contract bidding forms all require declaration to be taken before
Commissioner for Oaths, among other persons. Hence, aside dispute
resolution (litigations), the Nigerian courts play vital role in
the ease of doing business and in the everyday lives of
Nigerians.
![image](/2021/01/payne-alex.jpg")
Like any other government institution/sector in Nigeria, the
courts (judiciary) are not beyond temporal blackouts/strikes. Like
in the Nigerian educational and health sectors, the judiciary
(especially, court staff) often have to embark on a nationwide
strike before federal or state governments will listen to their
demands for their earned benefits. One wonders the fate of
disputants and prisoners, whenever the courts are shutdown. Also,
what is the fate of many Nigerians, who wrongly believe that oaths,
affidavits and authentication of documents can only be made in
courts by the commissioners for oath, during such strikes?
Well, this work will expose the alternatives (licensed persons)
that can perform the duties of Commissioners for Oath at all times,
whether there is strike or not. These are persons that are
permitted by the laws in Nigeria to administer oaths, swear-in
public officers, sign affidavits, authenticate and certify
documents across Nigeria, just like the courts and their
Commissioners for Oath.
Alternatives to Courts and Commissioners for Oath:
Nigeria is a country created by law and governed by law. All
persons and offices that perform official roles are also created by
law and bound their respective laws. To ensure people state only
facts, people are made to make affidavits. To ensure that documents
are not forged or made out of fraud, documents are required to be
certified and authenticated. Then, to administer oaths, swear-in
public officers, sign affidavits, authenticate and certify
documents across Nigeria, the laws in Nigeria have empowered some
classes of persons to perform such duties.
1. Here are persons that can administer oaths, swear-in public
officers and sign affidavits in any part of Nigeria; “… the Chief
Justice of Nigeria, a Justice of the Supreme Court, the President
and Justices of the Court of Appeal and any judge of the Federal
High Court, a Notary Public, and any Commissioner for Oaths”. So,
where there is a strike or shutdown of courts, it may affect judges
and Commissioners of Oath, since there may not be able to access
their offices/instruments and to perform their roles. However, at
all times Notaries Public are available at their respective offices
and homes, and never affected by court strikes. Click this link to
learn more about Notaries Public; <https://learnnigerianlaws.com/requirements-for-a-lawyer-to-be-appointed-as-a-notary-public-for-nigeria/[1]>.
2. Here are persons that can administer oaths, swear-in public
officers and sign affidavits outside Nigeria; “Every Nigerian
official of the rank of Secretary or above in a Nigerian Embassy or
delegation may in any country where he exercises his functions,
administer any oath and take any affidavit and also do any notarial
act which a notary public can do within Nigeria.” So, where the
Judges, Notaries Public and Commissioners for Oaths are not
accessible in Nigeria, one can visit any Nigerian Embassy in any
country to access such services. Also, for persons outside Nigeria,
there is no need to send documents to Nigeria, simply stop by the
nearest Nigerian embassy.
3. Here are persons that can authenticate and certify documents
(power of attorney) in any part of Nigeria; “… a notary public or
any court, judge, magistrate, consul or representative of Nigeria
or, as the case may be, of the President …”. Generally, when a
power of attorney is executed (signed) before any of the listed
persons and authenticated by such person, the power of attorney is
presumed by court to have been truly signed by the parties that
claimed to have signed it. This is the simple reason that make many
persons to rush to courts and Notaries Public to authenticate their
power of attorney. A detailed work on this issue can be accessed
via link; <https://learnnigerianlaws.com/effect-of-power-of-attorney-not-executed-before-a-notary-public/[2]>.
Conclusion:
The strike by court workers and the total shutdown of courts across
Nigeria has a huge implication, however, it is for the greater good
of democracy and the entire country. Judiciary must be truly
independent (including, financially), for it to be impartial. While
the courts are shutdown, Judges and Commissioner for Oaths may not
be able to administer oaths, swear-in public officers, sign
affidavits, authenticate and certify documents across Nigeria.
Since the laws in Nigeria will never allow a vacuum to exist in
any office or role, the shutdown of courts does not mean there are
no alternatives to courts and Commissioner for Oaths. The Notaries
Public (senior legal practitioners that have been sworn-in as
Notaries Public) across Nigeria, in their law firms, offices, homes
and even remotely, are always available to administer oaths,
swear-in public officers, sign affidavits, authenticate and certify
documents across Nigeria. Whatever a Commissioner of Oath can do,
can also be done by a Notary Public and even more.
My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the
Federal Republic of Nigeria, 1999.
2. Sections 1, 10, 12 of the Oaths Act, 1963
3. Sections 1 and 2 of the Notaries Public Act, 1936
4. Section 1, 258 and 259 of the Evidence Act, 2011
5. The Judgment of the Supreme Court of Nigeria (on the functions
of Notary Public for Nigeria) in the case of Buhari V. INEC & ORS
(2008) LPELR-814(SC)
6. The Judgment of the Supreme Court of Nigeria (on the effect of
Power of Attorney not Executed before a Notary Public) in the case
of MELWANI V FIVE STAR INDUSTRIES LTD (2002) 1 SC 120
7. The Judgment of the Court of Appeal (on the effect of Power of
Attorney not Executed before a Notary Public) in the case of CHIEF
G.N. OKOYE v. MR. NONSO DUMEBI (2014) LPELR-24155(CA)
8. Onyekachi Umah, “Effect of Power of Attorney Not Executed Before
a Notary Public” (LearnNigerianLaws.com, 23 March 2021) <https://learnnigerianlaws.com/effect-of-power-of-attorney-not-executed-before-a-notary-public/[3]> accessed 14 April
2021
9. Onyekachi Umah, “You Don’t Need To Register Any Agreement In
Courts or With A Notary Public” (LearnNigerianLaws.com, 2 December
2020) <https://learnnigerianlaws.com/you-dont-need-to-register-any-agreement-in-courts-or-with-a-notary-public/[4]> accessed 14 April
2021
10. Onyekachi Umah, “How To Make Power Of Attorney To Be Genuine
And Acceptable.” (LearnNigerianLaws.com, 16 April 2019) <https://learnnigerianlaws.com/how-to-make-power-of-attorney-to-be-genuine-and-acceptable-daily-law-tips-tip-312-by-onyekachi-umah-esq-llm-aciarb-uk/[5]> accessed 14
April 2021
11. Onyekachi Umah, “Agreements in Nigeria Do Not Require
Signatures of Notaries Public or Magistrates or Court Staff to be
Legal and Binding” (LearnNigerianLaws.com, 13 January 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-121-agreements-in-nigeria-do-not-require-signatures-of-notaries-public-or-magistrates-or-court-staff-to-be-legal-and-binding/[6]> accessed 14 April
2021
12. Onyekachi Umah, “Stamps and Seals of Courts and Commissioners
for Oath Are Not Needed for Agreements To Be Valid.”
(LearnNigerianLaws.com, 8 June 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-118-stamps-and-seals-of-courts-and-commissioners-for-oath-are-not-needed-for-agreements-to-be-valid/[7]> accessed 14 April
2021
13. Onyekachi Umah, “Requirements For A Lawyer To Be Appointed As A
Notary Public For Nigeria” (LearnNigerianLaws.com, 3 June 2020)
<https://learnnigerianlaws.com/requirements-for-a-lawyer-to-be-appointed-as-a-notary-public-for-nigeria/[8]> accessed 14 April
2021
14. Onyekachi Umah, “It Is Not “Notary Public Of Nigeria” But
“Notary Public For Nigeria” (LearnNigerianLaws.com, 30 January
2020) <https://learnnigerianlaws.com/it-is-not-notary-public-of-nigeria-but-notary-public-for-nigeria/[9]> accessed 14 April
2021
15. Onyekachi Umah, “Power Of Attorney Can Not Transfer
Ownership/Title Of A Property” (LearnNigerianLaws.com, 19 July
2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-145-power-of-attorney-can-not-transfer-ownership-title-of-a-property[10]/?> accessed 14 April
2021
16. Onyekachi Umah, “Contents of a Valid Affidavit of Change of
Name” (LearnNigerianLaws.com,17 May 2018) accessed 14 April
2021
17. Onyekachi Umah, “Things that Cannot Be Contained In An
Affidavit” (LearnNigerianLaws.com, 15 May 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-101-things-that-cannot-be-contained-in-an-affidavit/>
accessed 14 April 2021
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.
Daily Law Tips (Tip 775) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
Most Nigerians will only visit a court of law, when in need of an
affidavit or to authenticate a power of attorney/land document.
With the growing call for the declaration of assets of pubic
officers and employees of financial institutions, the need for
Commissioner for oaths in courts have increased, tremendously.
Also, the demand for affidavits of loss by telecommunication
companies before reissuing lost telephone numbers as well as the
demand for affidavits of facts by dispute resolution centers have
equally increased the demand for Commissioners for oaths. Many
school applications, job applications, loan applications and
contract bidding forms all require declaration to be taken before
Commissioner for Oaths, among other persons. Hence, aside dispute
resolution (litigations), the Nigerian courts play vital role in
the ease of doing business and in the everyday lives of
Nigerians.
Like any other government institution/sector in Nigeria, the
courts (judiciary) are not beyond temporal blackouts/strikes. Like
in the Nigerian educational and health sectors, the judiciary
(especially, court staff) often have to embark on a nationwide
strike before federal or state governments will listen to their
demands for their earned benefits. One wonders the fate of
disputants and prisoners, whenever the courts are shutdown. Also,
what is the fate of many Nigerians, who wrongly believe that oaths,
affidavits and authentication of documents can only be made in
courts by the commissioners for oath, during such strikes?
Well, this work will expose the alternatives (licensed persons)
that can perform the duties of Commissioners for Oath at all times,
whether there is strike or not. These are persons that are
permitted by the laws in Nigeria to administer oaths, swear-in
public officers, sign affidavits, authenticate and certify
documents across Nigeria, just like the courts and their
Commissioners for Oath.
Alternatives to Courts and Commissioners for Oath:
Nigeria is a country created by law and governed by law. All
persons and offices that perform official roles are also created by
law and bound their respective laws. To ensure people state only
facts, people are made to make affidavits. To ensure that documents
are not forged or made out of fraud, documents are required to be
certified and authenticated. Then, to administer oaths, swear-in
public officers, sign affidavits, authenticate and certify
documents across Nigeria, the laws in Nigeria have empowered some
classes of persons to perform such duties.
1. Here are persons that can administer oaths, swear-in public
officers and sign affidavits in any part of Nigeria; “… the Chief
Justice of Nigeria, a Justice of the Supreme Court, the President
and Justices of the Court of Appeal and any judge of the Federal
High Court, a Notary Public, and any Commissioner for Oaths”. So,
where there is a strike or shutdown of courts, it may affect judges
and Commissioners of Oath, since there may not be able to access
their offices/instruments and to perform their roles. However, at
all times Notaries Public are available at their respective offices
and homes, and never affected by court strikes. Click this link to
learn more about Notaries Public; <https://learnnigerianlaws.com/requirements-for-a-lawyer-to-be-appointed-as-a-notary-public-for-nigeria/[1]>.
2. Here are persons that can administer oaths, swear-in public
officers and sign affidavits outside Nigeria; “Every Nigerian
official of the rank of Secretary or above in a Nigerian Embassy or
delegation may in any country where he exercises his functions,
administer any oath and take any affidavit and also do any notarial
act which a notary public can do within Nigeria.” So, where the
Judges, Notaries Public and Commissioners for Oaths are not
accessible in Nigeria, one can visit any Nigerian Embassy in any
country to access such services. Also, for persons outside Nigeria,
there is no need to send documents to Nigeria, simply stop by the
nearest Nigerian embassy.
3. Here are persons that can authenticate and certify documents
(power of attorney) in any part of Nigeria; “… a notary public or
any court, judge, magistrate, consul or representative of Nigeria
or, as the case may be, of the President …”. Generally, when a
power of attorney is executed (signed) before any of the listed
persons and authenticated by such person, the power of attorney is
presumed by court to have been truly signed by the parties that
claimed to have signed it. This is the simple reason that make many
persons to rush to courts and Notaries Public to authenticate their
power of attorney. A detailed work on this issue can be accessed
via link; <https://learnnigerianlaws.com/effect-of-power-of-attorney-not-executed-before-a-notary-public/[2]>.
Conclusion:
The strike by court workers and the total shutdown of courts across
Nigeria has a huge implication, however, it is for the greater good
of democracy and the entire country. Judiciary must be truly
independent (including, financially), for it to be impartial. While
the courts are shutdown, Judges and Commissioner for Oaths may not
be able to administer oaths, swear-in public officers, sign
affidavits, authenticate and certify documents across Nigeria.
Since the laws in Nigeria will never allow a vacuum to exist in
any office or role, the shutdown of courts does not mean there are
no alternatives to courts and Commissioner for Oaths. The Notaries
Public (senior legal practitioners that have been sworn-in as
Notaries Public) across Nigeria, in their law firms, offices, homes
and even remotely, are always available to administer oaths,
swear-in public officers, sign affidavits, authenticate and certify
documents across Nigeria. Whatever a Commissioner of Oath can do,
can also be done by a Notary Public and even more.
My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the
Federal Republic of Nigeria, 1999.
2. Sections 1, 10, 12 of the Oaths Act, 1963
3. Sections 1 and 2 of the Notaries Public Act, 1936
4. Section 1, 258 and 259 of the Evidence Act, 2011
5. The Judgment of the Supreme Court of Nigeria (on the functions
of Notary Public for Nigeria) in the case of Buhari V. INEC & ORS
(2008) LPELR-814(SC)
6. The Judgment of the Supreme Court of Nigeria (on the effect of
Power of Attorney not Executed before a Notary Public) in the case
of MELWANI V FIVE STAR INDUSTRIES LTD (2002) 1 SC 120
7. The Judgment of the Court of Appeal (on the effect of Power of
Attorney not Executed before a Notary Public) in the case of CHIEF
G.N. OKOYE v. MR. NONSO DUMEBI (2014) LPELR-24155(CA)
8. Onyekachi Umah, “Effect of Power of Attorney Not Executed Before
a Notary Public” (LearnNigerianLaws.com, 23 March 2021) <https://learnnigerianlaws.com/effect-of-power-of-attorney-not-executed-before-a-notary-public/[3]> accessed 14 April
2021
9. Onyekachi Umah, “You Don’t Need To Register Any Agreement In
Courts or With A Notary Public” (LearnNigerianLaws.com, 2 December
2020) <https://learnnigerianlaws.com/you-dont-need-to-register-any-agreement-in-courts-or-with-a-notary-public/[4]> accessed 14 April
2021
10. Onyekachi Umah, “How To Make Power Of Attorney To Be Genuine
And Acceptable.” (LearnNigerianLaws.com, 16 April 2019) <https://learnnigerianlaws.com/how-to-make-power-of-attorney-to-be-genuine-and-acceptable-daily-law-tips-tip-312-by-onyekachi-umah-esq-llm-aciarb-uk/[5]> accessed 14
April 2021
11. Onyekachi Umah, “Agreements in Nigeria Do Not Require
Signatures of Notaries Public or Magistrates or Court Staff to be
Legal and Binding” (LearnNigerianLaws.com, 13 January 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-121-agreements-in-nigeria-do-not-require-signatures-of-notaries-public-or-magistrates-or-court-staff-to-be-legal-and-binding/[6]> accessed 14 April
2021
12. Onyekachi Umah, “Stamps and Seals of Courts and Commissioners
for Oath Are Not Needed for Agreements To Be Valid.”
(LearnNigerianLaws.com, 8 June 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-118-stamps-and-seals-of-courts-and-commissioners-for-oath-are-not-needed-for-agreements-to-be-valid/[7]> accessed 14 April
2021
13. Onyekachi Umah, “Requirements For A Lawyer To Be Appointed As A
Notary Public For Nigeria” (LearnNigerianLaws.com, 3 June 2020)
<https://learnnigerianlaws.com/requirements-for-a-lawyer-to-be-appointed-as-a-notary-public-for-nigeria/[8]> accessed 14 April
2021
14. Onyekachi Umah, “It Is Not “Notary Public Of Nigeria” But
“Notary Public For Nigeria” (LearnNigerianLaws.com, 30 January
2020) <https://learnnigerianlaws.com/it-is-not-notary-public-of-nigeria-but-notary-public-for-nigeria/[9]> accessed 14 April
2021
15. Onyekachi Umah, “Power Of Attorney Can Not Transfer
Ownership/Title Of A Property” (LearnNigerianLaws.com, 19 July
2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-145-power-of-attorney-can-not-transfer-ownership-title-of-a-property[10]/?> accessed 14 April
2021
16. Onyekachi Umah, “Contents of a Valid Affidavit of Change of
Name” (LearnNigerianLaws.com,17 May 2018) accessed 14 April
2021
17. Onyekachi Umah, “Things that Cannot Be Contained In An
Affidavit” (LearnNigerianLaws.com, 15 May 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-101-things-that-cannot-be-contained-in-an-affidavit/>
accessed 14 April 2021
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnTheBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram:@LearnNigerianLaws,
Twitter: @LearnNigeriaLaw,
YouTube: Learn Nigerian Laws,
WhatsApp Groups via
(https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN),
Telegram Group: (https://t.me/LearnNigerianLaws),
Facebook group:
(https://www.facebook.com/groups/129824937650907/?ref=share)
or visit our website: (www.LearnNigerianLaws.com)
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria. For sponsorship and partnership,
contact: sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or
+234 903 913 1200.