Abdul Muhammed Law Practice
Abdul Muhammed Law Practice summarizes the Notary Public Act, 2023.
The Notaries Public Act, 2023, regulates the appointment and duties of Notaries Public in Nigeria and introduces provisions for digital and remote notarization of documents.
The Act aims to modernize and regulate the practice of Notaries Public in Nigeria, allowing for digital notarization while ensuring accountability and adherence to ethical standards.
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Here’s a summary of the key sections and provisions:
Section 1: Appointment of Notaries
The Chief Justice of Nigeria may appoint qualified legal practitioners as notaries public for Nigeria.
Section 2: Duties and functions of Notary Public
Specifies the various duties and functions of a notary public, including witnessing document executions, preparing notarial certificates, administering oaths, taking affidavits, and performing digital notarizations.
Section 3: Oath of office
Requires Notaries Public to take an oath of office before commencing their duties.
Section 4: Register of notaries public
Establishes a register, both physical and electronic, to record the details of appointed Notaries Public, their updates, and availability to the public.
Section 5: digital notarization
Allows Notaries Public to perform notarization electronically after registering their intention and capability with the Chief Registrar and obtaining digital seals.
Section 6: Performance of electronic notarial acts
Specifies the conditions under which Notaries Public can perform electronic notarial acts through audio-visual communication, including verification and recording requirements.
Section 7: Documents to be notarized
Lists the types of documents that can be notarized, including birth certificates, school certificates, and more.
Section 8: Recognition of digitally notarized documents
Declares that digitally notarized documents are valid in all Nigerian courts.
Section 9: Validity of digitally notarized documents
Outlines the evidentiary value of a Notary Public’s digital signature and seal, while allowing challenges in specific situations like fraud or impersonation.
Section 10: Fees
Prescribes minimum fees for Notary Public services and provides for penalties for non-compliance.
Section 11: Notaries as officers of the Supreme Court
Recognizes Notaries as officers of the Supreme Court.
Section 12: Revocation of appointment of a Notary Public
Allows for the revocation of a Notary Public’s appointment in case of misconduct or conviction.
Section 13: Suspension of Notaries Public
Grants the Supreme Court the authority to suspend Notaries Public for specific periods or remove them from the register.
Section 14: Constitution of the panel of the Supreme Court
Describes the procedures for inquiring into complaints against Notaries Public.
Section 15: Existing Notaries Public to be entered in the Register
Addresses the inclusion of existing Notaries Public in the new register.
Section 16: Register to be revised
Details the process for removing names from the register if a Notary Public leaves Nigeria or passes away.
Section 17: Where a Notary Public refuses to act
Explains the circumstances in which a Notary Public may refuse to act and the process for challenging such refusals.
Section 18: Refusal to act to be Noted on document
Requires a Notary Public to document their refusal to perform notarial acts on specific documents.
Section 19: Penalty for misfeasance
Establishes penalties for Notaries Public or others who engage in fraudulent or false notarizations.
Section 20: Offences
Defines offenses and penalties for suspended Notaries Public who continue to practice.
Section 21: Notaries Public ex officio
Designates certain officials as ex-officio Notaries Public.
Section 22: Jurat to state where oath is taken
Mandates that the jurat of attestation includes the location and date of oath-taking.
Section 23: Notary Public not to act when interested
Prohibits Notaries Public from acting in matters in which they have a personal interest.
Section 24: Rules of construction
Clarifies that physical notarization remains an option.
Section 25: Power to make regulations
Grants the Chief Justice of Nigeria the authority to make regulations.
Section 26: Repeal
Repeals the Notaries Public Act, Cap. N141, Laws of the Federation of Nigeria, 2004.
Section 27: Transitional provisions
Addresses the transition of existing Notaries Public into the new register.
Section 28: Interpretation
Provides definitions for key terms used in the Act.
Section 29: Citation
Officially names the Act as “Notary Public Act, 2023.”
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READ: How much do notary services cost in Nigeria?
