Notary Public Act, 2023 | Abdul Muhammed Law Practice

(ARTICLE)

Published : July 30, 2025

Written by: Abdulateef Muhammed

Summary of the Notary Public Act, 2023

The Notaries Public Act, 2023, regulates the appointment and duties of Notaries Public in Nigeria and introduces provisions for digital and remote notarization of documents.

The Act aims to modernize and regulate the practice of Notaries Public in Nigeria, allowing for digital notarization while ensuring accountability and adherence to ethical standards.

Here's a summary of the key sections and provisions:

Section 1: Appointment of Notaries

The Chief Justice of Nigeria may appoint qualified legal practitioners as notaries public for Nigeria.

Section 2: Duties and functions of Notary Public

Specifies the various duties and functions of a notary public, including witnessing document executions, preparing notarial certificates, administering oaths, taking affidavits, and performing digital notarizations.

Section 3: Oath of office

Requires Notaries Public to take an oath of office before commencing their duties.

Section 4: Register of notaries public

Establishes a register, both physical and electronic, to record the details of appointed Notaries Public, their updates, and availability to the public.

Section 5: digital notarization

Allows Notaries Public to perform notarization electronically after registering their intention and capability with the Chief Registrar and obtaining digital seals.

Section 6: Performance of electronic notarial acts

Specifies the conditions under which Notaries Public can perform electronic notarial acts through audio-visual communication, including verification and recording requirements.

Section 7: Documents to be notarized

Lists the types of documents that can be notarized, including birth certificates, school certificates, and more.

Section 8: Recognition of digitally notarized documents

Declares that digitally notarized documents are valid in all Nigerian courts.

Section 9: Validity of digitally notarized documents

Outlines the evidentiary value of a Notary Public's digital signature and seal, while allowing challenges in specific situations like fraud or impersonation.

Section 10: Fees

Prescribes minimum fees for Notary Public services and provides for penalties for non-compliance.

Section 11: Notaries as officers of the Supreme Court

Recognizes Notaries as officers of the Supreme Court.

Section 12: Revocation of appointment of a Notary Public

Allows for the revocation of a Notary Public's appointment in case of misconduct or conviction.

Section 13: Suspension of Notaries Public

Grants the Supreme Court the authority to suspend Notaries Public for specific periods or remove them from the register.

Section 14: Constitution of the panel of the Supreme Court

Describes the procedures for inquiring into complaints against Notaries Public.

Section 15: Existing Notaries Public to be entered in the Register

Addresses the inclusion of existing Notaries Public in the new register.

Section 16: Register to be revised

Details the process for removing names from the register if a Notary Public leaves Nigeria or passes away.

Section 17: Where a Notary Public refuses to act

Explains the circumstances in which a Notary Public may refuse to act and the process for challenging such refusals.

Section 18: Refusal to act to be Noted on document

Requires a Notary Public to document their refusal to perform notarial acts on specific documents.

Section 19: Penalty for misfeasance

Establishes penalties for Notaries Public or others who engage in fraudulent or false notarizations.

Section 20: Offences

Defines offenses and penalties for suspended Notaries Public who continue to practice.

Section 21: Notaries Public ex officio

Designates certain officials as ex-officio Notaries Public.

Section 22: Jurat to state where oath is taken

Mandates that the jurat of attestation includes the location and date of oath-taking.

Section 23: Notary Public not to act when interested

Prohibits Notaries Public from acting in matters in which they have a personal interest.

Section 24: Rules of construction

Clarifies that physical notarization remains an option.

Section 25: Power to make regulations

Grants the Chief Justice of Nigeria the authority to make regulations.

Section 26: Repeal

Repeals the Notaries Public Act, Cap. N141, Laws of the Federation of Nigeria, 2004.

Section 27: Transitional provisions

Addresses the transition of existing Notaries Public into the new register.

Section 28: Interpretation

Provides definitions for key terms used in the Act.

Section 29: Citation

Officially names the Act as "Notary Public Act, 2023."

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