Notary Public Services And Responsibilities In Nigeria

Editors Note; Originally published in Famsvillelaw.com ^[1]Written By
Dayo Adu and Akinbobola Adeniyi 

INTRODUCTION

The Notaries Public Act 1936 (”the Act”) provides for the
appointment, roles and responsibilities of a Notary Public in
Nigeria. In Nigeria, Notaries Public are appointed by the Chief
Justice of Nigeria. When a Notary Public is appointed, he is deemed
to be an officer of the Supreme Court of Nigeria and has the power
to attest to the authenticity of a document and such document will
be recognised internationally for any purpose it is meant for.

Section 2(1) of the Act provides “The Chief Justice of
Nigeria may appoint any fit and proper person being a legal
practitioner to be a Notary Public for Nigeria (in this Act
referred to as a “notary” or as a “notary public”.

PROCEDURE FOR THE NOTARISATION OF A DOCUMENT IN
NIGERIA

The procedure for document notarisation in Nigeria is as
follows:

1. The person or the owner of the document seeking notarisation
   services will submit the document to a Notary Public; and
2. The Notary Public seals or stamps the document (which is a
   requirement under the Act). Once done, the document is said to have
   been notarised.

After the notarisation process, the Notary Public is expected to
keep a register of all the documents notarised for record
purposes.

SERVICES OFFERED BY A NOTARY PUBLIC

The services offered by a Notary Public include but are not
limited to the following:

1. Administration of oaths for giving of evidence;
2. Notarisation of Bills of Exchange;
3. Obtaining authentication from the Ministry of Foreign
   Affairs;
4. Preparation of Notarial Certificates of Law & Good
   Standing;
5. A Notary Public may be engaged in taking Affidavits,
   Declarations & Depositions;
6. Verification of Company documents and Verification of identity
   and/or signature;
7. A Notary Public may also witness the execution of local and
   international documents such as Sale and Purchase Agreements;
8. Transfers of Land Agreement
9. Assignments of Intellectual Property;
10. Power of Attorney;
11. Deeds;
12. Security Documentation;
13. Mortgages; and
14. Company Resolutions, Minutes of Meetings and Reports.

IMMIGRATION SERVICES OFFERED BY A NOTARY
PUBLIC

A Notary Public can also notarise the various documents below
for immigration purposes:

1. Birth Certificate;
2. School Certificate;
3. Police Clearance Certificate;
4. Biodata page of International Passport;
5. Marriage Certificate;
6. Driver’s Licence;
7. Foreign documents required to be notarised in Nigeria before
   use; and
8. Affidavits.

CONCLUSION

In some cases, notarisation of a document may be a mandatory
requirement, consequently, failure to notarise such documents may
raise questions of their validity. Another effect is that such
document may not be accepted for any official purpose by any
authority or court of law in a case, where such document is
required to be tendered as an exhibit before any court.

Furthermore, where a notarised document is also required to be
used for any official purpose overseas, it must also be
authenticated at the Ministry of Foreign Affairs.

Editors Note; Originally published in Famsvillelaw.com ^[2]Written By
Dayo Adu and Akinbobola Adeniyi 

Editors Note; Originally published in Famsvillelaw.com ^[1]Written By
Dayo Adu and Akinbobola Adeniyi 

INTRODUCTION

The Notaries Public Act 1936 (”the Act”) provides for the
appointment, roles and responsibilities of a Notary Public in
Nigeria. In Nigeria, Notaries Public are appointed by the Chief
Justice of Nigeria. When a Notary Public is appointed, he is deemed
to be an officer of the Supreme Court of Nigeria and has the power
to attest to the authenticity of a document and such document will
be recognised internationally for any purpose it is meant for.

Section 2(1) of the Act provides “The Chief Justice of
Nigeria may appoint any fit and proper person being a legal
practitioner to be a Notary Public for Nigeria (in this Act
referred to as a “notary” or as a “notary public”.

PROCEDURE FOR THE NOTARISATION OF A DOCUMENT IN
NIGERIA

The procedure for document notarisation in Nigeria is as
follows:

1. The person or the owner of the document seeking notarisation
   services will submit the document to a Notary Public; and
2. The Notary Public seals or stamps the document (which is a
   requirement under the Act). Once done, the document is said to have
   been notarised.

After the notarisation process, the Notary Public is expected to
keep a register of all the documents notarised for record
purposes.

SERVICES OFFERED BY A NOTARY PUBLIC

The services offered by a Notary Public include but are not
limited to the following:

1. Administration of oaths for giving of evidence;
2. Notarisation of Bills of Exchange;
3. Obtaining authentication from the Ministry of Foreign
   Affairs;
4. Preparation of Notarial Certificates of Law & Good
   Standing;
5. A Notary Public may be engaged in taking Affidavits,
   Declarations & Depositions;
6. Verification of Company documents and Verification of identity
   and/or signature;
7. A Notary Public may also witness the execution of local and
   international documents such as Sale and Purchase Agreements;
8. Transfers of Land Agreement
9. Assignments of Intellectual Property;
10. Power of Attorney;
11. Deeds;
12. Security Documentation;
13. Mortgages; and
14. Company Resolutions, Minutes of Meetings and Reports.

IMMIGRATION SERVICES OFFERED BY A NOTARY
PUBLIC

A Notary Public can also notarise the various documents below
for immigration purposes:

1. Birth Certificate;
2. School Certificate;
3. Police Clearance Certificate;
4. Biodata page of International Passport;
5. Marriage Certificate;
6. Driver’s Licence;
7. Foreign documents required to be notarised in Nigeria before
   use; and
8. Affidavits.

CONCLUSION

In some cases, notarisation of a document may be a mandatory
requirement, consequently, failure to notarise such documents may
raise questions of their validity. Another effect is that such
document may not be accepted for any official purpose by any
authority or court of law in a case, where such document is
required to be tendered as an exhibit before any court.

Furthermore, where a notarised document is also required to be
used for any official purpose overseas, it must also be
authenticated at the Ministry of Foreign Affairs.

Editors Note; Originally published in Famsvillelaw.com ^[2]Written By
Dayo Adu and Akinbobola Adeniyi