The Notaries Public Act, 2023, brings significant updates to modernize and streamline the notarial process in Nigeria. These changes are designed to enhance efficiency and accessibility for both notaries and the public. Here’s a breakdown of the key changes introduced by the new Act:
๐. ๐๐จ๐๐ฎ๐ฆ๐๐ง๐ญ๐ฌ ๐๐ฅ๐ข๐ ๐ข๐๐ฅ๐ ๐๐จ๐ซ ๐๐จ๐ญ๐๐ซ๐ข๐ณ๐๐ญ๐ข๐จ๐ง
The Act now clearly outlines the types of documents that can be notarized. These include:
– Birth certificates
– School certificates
– Police clearance certificates
– Biodata pages of international passports
– Marriage certificates
– Driverโs licenses
– Foreign documents requiring notarization in Nigeria
– Affidavits
This explicit listing ensures clarity and uniformity in the notarization process.
๐. ๐๐ฅ๐๐๐ญ๐ซ๐จ๐ง๐ข๐ ๐๐๐ ๐ข๐ฌ๐ญ๐๐ซ ๐จ๐ ๐๐จ๐ญ๐๐ซ๐ข๐๐ฌ ๐๐ฎ๐๐ฅ๐ข๐
To improve record-keeping and accessibility, the Chief Registrar of the Supreme Court is now required to maintain an electronic register of notaries. This electronic register will include notariesโ phone numbers, email addresses, names, addresses, and dates of appointment. This addition supplements the traditional physical register, making information more readily available and easier to manage.
๐. ๐๐ข๐ ๐ข๐ญ๐๐ฅ ๐๐จ๐ญ๐๐ซ๐ข๐ณ๐๐ญ๐ข๐จ๐ง
One of the most innovative changes is the introduction of digital notarization. Notaries can now perform their duties electronically when necessary, with all digitally notarized documents recognized as valid in Nigerian courts. To participate in digital notarization, notaries must register their official digital signatures and the technology used to attach electronic notarial signatures with the Chief Registrar. This modernization aims to facilitate faster and more efficient notarization processes.
๐. ๐๐๐ซ๐๐จ๐ซ๐ฆ๐๐ง๐๐ ๐จ๐ ๐๐ฅ๐๐๐ญ๐ซ๐จ๐ง๐ข๐ ๐๐จ๐ญ๐๐ซ๐ข๐๐ฅ ๐๐๐ญ๐ฌ
The Act also allows notaries to perform electronic notarial acts via audio-visual communication. This can be done for individuals in any location, whether in the same state, different states, or even outside Nigeria. Notaries must include a statement in the electronic notarial certificate indicating that the act was performed through audio-visual communication. The Act outlines specific conditions that must be met before using an electronic notarization system, ensuring the integrity and security of the notarization process.
๐. ๐๐๐ฏ๐ข๐ฌ๐๐ ๐ ๐๐๐ฌ
The new Act includes an upward revision of fees for notarial services. For instance, the fee for notarizing a certificate has increased from NGN5,000 to NGN10,000, and the fee for notarizing a deed has increased from NGN5,000 to NGN20,000. These revised fees are detailed in the Second Schedule of the Act. This update reflects the current economic realities and aims to ensure that notaries are adequately compensated for their services.
The Notaries Public Act, 2023, represents a significant step forward in the notarial profession in Nigeria, introducing modern practices and ensuring that the notarial process is both efficient and accessible. These changes will undoubtedly benefit notaries and the public, making notarization a smoother and more reliable process.