The law guiding Notary Public in Nigeria is the Notaries Public Act 2023 and it has repealed the Notaries Public Act, Cap. N141, Laws of the Federation of Nigeria, 2004.

The new act provides for the appointment and registration of Notaries Public, regulates their duties, penalties for misuse and makes provisions for digital and remote notarization of documents in Nigeria.

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.

By section 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.

SOME OF THE FUNCTIONS AND RESPONSIBILITIES OF A NOTARY PUBLIC INCLUDE

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

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.

Click Below to Download the ACT

The-Notary-Public-Act-2023-Amended