Abdul Muhammed Law Practice
Notary Public Abdulateef Muhammed, lead lawyer at Abdul Muhammed Law Practices, provides answers to your top four questions.
Where can I get an affidavit in Lagos?
To obtain an affidavit in Lagos, you have two options: You can either visit a court and have it sworn before a commissioner for oaths, or you can go to a notary public. Finding a court is straightforward. Once there, ask for the commissioner for oaths, who will assist you with the swearing-in process.
If you choose to go to a notary public, they are typically lawyers, so you’ll need to locate one and schedule an appointment. One way to do this is by searching online for “Notary Public near me.”
Alternatively, if you prefer traditional methods, you can search for lawyers or law offices around town and look for signs indicating they offer notary services.
When you find a sign with “Notary Public,” you’ve found what you need.
How long is an affidavit god for?
An affidavit holds eternal validity once properly sworn. It’s a sworn statement, and once completed correctly, it remains valid indefinitely.
Regarding who can draft an affidavit, ideally, the person who possesses firsthand knowledge of the facts should write it. However, in practice, individuals with this knowledge are often assisted by lawyers or law clerks to ensure the facts are accurately recorded in the appropriate format. Regardless of who helps draft it, the individual with firsthand knowledge must swear to the affidavit’s contents and vouch for their accuracy.
How much does an affidavit cost in Nigeria?
The cost of getting an affidavit sworn varies depending on where you choose to have it done.
You have two main options: swearing it before a commissioner for oaths in any court in Nigeria or at the office of a notary public.
A commissioner for oaths is a designated court staff, while a notary public is a lawyer appointed by the Chief Justice of Nigeria to administer oaths.
Swearing your affidavit before a Magistrate Court or an Area Court in Nigeria typically costs about NGN 500.
At the High Courts of the state, the cost could be about NGN 1,000, possibly slightly higher at the Federal High Court.
At the Federal High Court, you’ll also need to provide a passport photograph.
Additionally, you might need to pay clerks to draw up the affidavit for you, especially if you’re not familiar with drafting them.
This can cost around 100% more than the official charges mentioned earlier.
If you choose to have a notary public swear your affidavit, the cost could range from NGN 5,000 to NGN 10,000 or even more.
While not cheaper, this option might be more convenient as notaries can swear affidavits by appointment, even on weekends or during court closures like industrial actions or lockdowns.
In summary, while a notary public may be more expensive, they offer greater flexibility in terms of appointment times, including weekends and court closures, making them a potentially more convenient option.
What does it mean to ‘notarize’ a document?
Notarization involves a notary public verifying, witnessing, or certifying the identity of a person or signer, along with the signing of a document.
For declarations or affidavits, notarization confirms that the notary administered the oath to a mentally sound signer, verified their identity, and witnessed their signature after taking the oath.
In the case of a power of attorney, notarization ensures the signer’s positive identification and confirms they signed the document without coercion, allowing the notary to certify its authenticity.
In commercial agreements, notarization signifies the notary’s identification of the signer and validation of their signature as genuine, without apparent fraud.
Copy certification involves the notary comparing a copy to the original, certifying it as a true, perfect, and exact replica.
For digital documents, notarization certifies that the paper document accurately represents the digital copy, adhering to the provisions of section 84 of the Nigerian Evidence Act.
These examples illustrate the essence of notarizing a document.
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