*Says AG, Can Only Sign Documents Relating To Estates, Probates And Letters Of Administration
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Akure branch of the Nigerian Bar Association, ( Sunshine Bar), had reacted to the public notice issued by the state Ministry of Justice that signing of ALL CATEGORIES of AFFIDAVIT will be done at the office of the Administrator-General & Public Trustee.
The branch while rejecting the public notice stated that it does not lie within the purview of the office of the Administrator-General & Public Trustee at the Ministry of Justice, Ondo State to sign all forms of Affidavits.
According to the statement signed by the Chairman of the branch, Rotimi Olorunfemi, Esq., made available to THENIGERIALAWYER(TNL), the branch before making its resolutions perused the Administrator-General Law, CAP 5, Vol 1, Laws of Ondo State, 2006, the Evidence Act and the Oaths Act, to know the duties of the AG on the issue.
THENIGERIALAWYER had reported that Ondo State Ministry of Justice announced the cost of all affidavits to the sum of three hundred Naria(N300).
Read the full statement below
POSITION OF THE NIGERIAN BAR ASSOCIATION AKURE BRANCH (SUNSHINE BAR) ON THE RECENT PUBLIC NOTICE BY THE OFFICE OF THE ATTORNEY GENERAL ON SIGNING OF ALL CATEGORIES OF AFFIDAVIT AT THE OFFICE OF THE ADMINISTRATOR GENERAL & PUBLIC TRUSTEE
The attention of the leadership of the Sunshine Bar has been drawn to the recent Public Notice issued by the Ministry of Justice, Ondo State inviting the general public to sign all categories of affidavit at the office of the Administrator-General & Public Trustee at the Ministry of Justice, Ondo State.
We have also followed the rich debate on our various WhatsApp platforms for and against this position particularly as regards the validity of affidavits signed at the office of the Administrator General and Public Trustee.
Before we make public our resolution, there is the need to consult the law to see whether the office of the Administrator General can indeed sign all categories of affidavits as stated in the said public notice.
The relevant Laws to be considered will be the Administrator-General Law, CAP 5, Vol 1, Laws of Ondo State, 2006, the Evidence Act and the Oaths Act.
Section 56 of the Administrator-General Law states as follows:
56. The Administrator-General may administer oaths, take solemn affirmations and declarations and whenever he desires, for the purposes of this Law, to satisfy himself regarding any question of fact examine upon oath any person who is willing to be so examined by him regarding such question. ( emphasis ours).
To critically interpret this section, recourse must be made to the purpose and intendment of the enactment of the Administrator-General Law. Section 1 of the law deals with the Citation and application of the Law.
*1. (1) This Law may be cited as the Administrator-General Law.
(2) This Law shall apply to any estate in respect of which a grant of probate or letters of administration may be granted by the High Court.*
By virtue of section 56 and section 1, the Law only deals with issues relating to estate, grant of probate or letters of administration.
In the case of Ehuwa v Ondo State Independent Electoral Commission & Ors (2006) LPELR – 1056 (SC) Per Ogbuagu JSC had this to say on whether where a statute mentions specific things or persons, the intention is that those not mentioned are not to be included:
“It is now firmly established that in the construction of a statutory provision, where a statute mentions specific things or persons, the intention is that those not mentioned are not intended to be included. The latin maxim is “Expressio unis est exclusion alterius” – i.e. the expression of one thing is the exclusion of another. It is also termed “inclusion unius est exlusion alteris” or “enumeration unius exclusion alterius”… In other words, the express mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication with regard to the same issue’
The oaths, solemn affirmations and declarations which the Administrator-General may administer can only deal with issues relating to estates, grant of probate and letters of administration.
Section 108 of the Evidence Act 2011 states thus:
108. Before an affidavit is used in the court for any purpose, the original shall be filed in the court, and the original or an office copy shall alone be recognized for any purpose in the court.
By virtue of the Second Schedule to the Oaths Act, 1963, Affidavits can only be administered by a Commissioner for Oaths or a Registrar of the Supreme Court or of the Federal High Court authorized in that behalf by the Chief Judge of the Court concerned.
Section 10 (1) of the Oaths Act also provides thus:
10. (1) It shall be lawful for 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, to administer any lawful oath or take any lawful affirmation or affidavit which may be required to be taken or made for the purpose of complying with the requirements of any law for the time being in force throughout Nigeria or elsewhere, except where such procedure is expressly or by necessary implication manifestly excluded by the terms of such law as aforesaid and the presumption shall be against any such exclusion.
Looking at all the existing and extant laws governing the administration of oaths, affidavits and solemn affirmations, the simple question now is can the office of the Administrator-General sign all categories of affidavits as stated in the Public Notice? The simple answer going by the provisions of the extant Law particularly the Administrator-General Law is in the negative.
RESOLUTION OF THE SUNSHINE BAR ON THE PUBLIC NOTICE
1. That the said Public Notice be withdrawn by the office of the Attorney General as it contravenes all extant laws on who can administer oaths and affidavits.
2. The Public Notice if should be made at all, should only relate to issues pertaining to estates, grant of probate and letters of administration strito senso
3. Recourse should rather be made to members who are Notary Public to administer oaths and affidavits at this time when the courts are shut due to the ongoing JUSUN nationwide strike action.
4. The Branch will collate list of its members who are Notaries Public (some of whom are officers in the Ondo State Ministry of Justice) and publish same with their phone numbers for members of the public to reach out to them in order to have their affidavits and oaths signed.
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