Nigeria has enacted the Notaries Public Act 2023, ushering in a new era of modernized notarial practices. Here are the key highlights of this groundbreaking legislation:

Repeal and Replacement of 2004 Act: The Notaries Public Act 2023 replaces and repeals the previous Notaries Public Act from 2004, introducing a comprehensive framework for notarial services in Nigeria.

Appointment and Registration: The Act empowers the Chief Justice of Nigeria to appoint and register Notaries Public. Notaries are required to take an oath of office, underscoring their commitment to upholding the law.

Duties and Functions: The legislation delineates the duties and functions of Notaries Public. These include witnessing documents, administering oaths, taking affidavits, notarizing bills of exchange, and verifying documents and identities.

Digital and Remote Notarization: A groundbreaking provision in the Act allows Notaries Public to conduct digital and remote online notarizations using electronic means, including audio-visual communication. Notaries must register their capabilities for digital notarization with the Chief Registrar.

Electronic Notarization Requirements: The Act sets forth requirements for the electronic notarization process, technology, and the recording of audio-visual sessions. Notaries will be issued digital seals to facilitate these modern practices.

Legal Recognition: Digitally notarized documents will hold legal validity in all Nigerian courts. The Act also addresses the validity and evidentiary value of electronic notarial certificates and signatures, ensuring their acceptance within the legal framework.

Ex Officio Notaries Public: The legislation designates certain officials as ex officio notaries public, including magistrates and customs collectors, expanding the pool of authorized notaries.

Penalties for Misuse: To maintain the integrity of notarial services, the Act prescribes penalties for the misuse of notarial powers. It grants the Supreme Court the authority to investigate complaints and suspend notaries found in violation of the law.

Regulations by the Chief Justice: The Chief Justice of Nigeria is granted the authority to promulgate regulations for the effective implementation of the Act, ensuring its smooth execution.

The Notaries Public Act 2023 represents a significant leap forward in the modernization of notarial services in Nigeria. It aligns with global trends in legal practices and will undoubtedly enhance efficiency, transparency, and accessibility in notarial procedures throughout the country.

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