By Felix Ehisuroria Onofua
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Abstract
The office of the Notary Public occupies a unique and elevated position within Nigeria’s legal architecture. Though often misunderstood or treated as a mere ancillary legal service, the notarial office is statutorily grounded, judicially recognised, and historically tied to the administration of justice. This paper examines the concept of a Notary Public in Nigeria, the statutory and judicial foundations of the office, its powers and functions, its designation as an officer of the Supreme Court of Nigeria, and the implications of misuse or abuse of notarial authority, with particular reference to the Notary Public Act 2023.
1. Introduction
In legal systems rooted in the common law tradition, the Notary Public serves as a bridge between private transactions and public confidence. In Nigeria, however, the notarial function is frequently reduced to routine signature authentication, thereby obscuring its true legal significance. This paper seeks to restore proper understanding by situating the notary within its correct statutory, judicial, and ethical framework.
2. Meaning and Nature of a Notary Public
A Notary Public in Nigeria is a legal practitioner appointed by the Chief Justice of Nigeria pursuant to statutory authority to perform public legal acts requiring authentication, verification, and certification of documents and facts. The notary acts as an impartial public officer whose certification attracts international and domestic legal recognition.
3. Statutory Foundation of the Office
The office of Notary Public in Nigeria is governed principally by the Notaries Public Act, now strengthened and modernised by the Notary Public Act 2023. The Act vests the power of appointment solely in the Chief Justice of Nigeria, restricts eligibility to qualified legal practitioners, mandates the maintenance of a Register of Notaries at the Supreme Court, and aligns Nigerian notarial practice with internationally accepted standards. The 2023 Act further introduces statutory recognition for electronic and remote notarisation.
4. Powers and Functions of a Notary Public in Nigeria
A Notary Public in Nigeria is empowered to administer oaths and affirmations; take affidavits, declarations, and depositions; authenticate and certify signatures on legal instruments; notarise deeds, powers of attorney, contracts, and corporate documents; issue notarial certificates confirming identity, capacity, and due execution; and authenticate documents for use outside Nigeria. These functions are public legal duties exercised under statutory authority.
5. The Notary Public as an Officer of the Supreme Court
By virtue of section 6 of the Notary Public Act 2023, every Notary Public appointed under the Act is expressly designated as an officer of the Supreme Court of Nigeria. This provision reinforces the long‑standing position under the earlier Notaries Public Act by clearly affirming that notarial authority flows directly from the apex court.
Section 6 of the 2023 Act places the notary within the judicial framework of the Supreme Court, such that every notarial act is deemed an act performed under judicial delegation. This statutory recognition elevates the notary’s role beyond private certification and situates it firmly within the administration of justice, thereby subjecting notarial conduct to the supervisory authority of the Supreme Court.
6. Evidential and Judicial Value of Notarial Acts
Nigerian courts have consistently recognised notarised documents as enjoying prima facie authenticity. In Onyenkwa v. Ekwubiri (1966) NMLR 32, the court affirmed that a notarised document carries a presumption of regularity until the contrary is proved. Such documents therefore enjoy enhanced evidential value in judicial proceedings.
7. Discipline, Misconduct, and Criminal Liability under the Notary Public Act 2023
Sections 17 to 20 of the Notary Public Act 2023 establish an enhanced framework for discipline and accountability. Under these provisions, a Notary Public who knowingly certifies a false statement, authenticates forged or misleading documents, or otherwise abuses notarial authority commits an offence.
The Act empowers the Supreme Court to suspend, remove, or otherwise sanction a notary whose conduct falls below the statutory and ethical standards required of an officer of the court. In addition to professional sanctions, such misconduct may attract criminal liability, underscoring the fiduciary and public‑trust nature of the office.
8. Contemporary Relevance, Digital Notarisation, and Professional Responsibility
Sections 8, 9, and 10 of the Notary Public Act 2023 formally recognise electronic and remote notarisation in Nigeria. These provisions validate the use of digital platforms, electronic signatures, and remote identity verification for notarial acts, subject to compliance with prescribed safeguards.
The Act imposes heightened professional responsibilities on notaries engaging in digital notarisation, including secure record‑keeping, reliable identity authentication, data protection, and adherence to ethical standards consistent with their status as officers of the Supreme Court. The 2023 reforms therefore balance innovation with the preservation of judicial integrity.
9. Conclusion
The office of Notary Public in Nigeria is a sacrosanct legal institution rooted in statute, validated by judicial authority, and supervised by the Supreme Court of Nigeria. The Notary Public Act 2023 reinforces this status by modernising notarial practice while strengthening accountability. Nigerian lawyers appointed as notaries must therefore approach the office as a judicial trust rather than a commercial convenience, preserving its dignity and public confidence.
References
Notaries Public Act, Laws of the Federation of Nigeria
Notary Public Act 2023
Legal Practitioners Act, Laws of the Federation of Nigeria
Onyenkwa v. Ekwubiri (1966) NMLR 32
Supreme Court of Nigeria – Register of Notaries
Society of Notaries (Nigeria), Legislative and Practice Materials
About the Author
Felix Ehisuroria Onofua is a Nigerian legal practitioner and Notary Public of the Supreme Court of Nigeria with a keen interest in notarial law, legal ethics, and the administration of justice. He engages in legal writing and professional discourse aimed at clarifying under‑explored areas of Nigerian jurisprudence and strengthening respect for statutory legal institutions. He may be reached for professional collaboration, scholarly engagement, and notarial services.
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