Legislation

This Act may be cited as the Notaries Public Act.

1. Appointment of notaries

(1) The Chief Justice of Nigeria may appoint any fit and proper person being a legal practitioner to be a notary public for Nigeria (in this Act referred to as a "notary" or as a "notary public"). [L.N. 107 of 1955.] (2) A notary appointed by the Chief Justice of Nigeria shall perform the same duties and exercise the same functions as a notary in England.

2. Oath of office

A notary before being admitted to and entering on the duties of his office shall take and subscribe the oath set out in the First Schedule to this Act before the Chief Justice of Nigeria or before such person as the Chief Justice of Nigeria may appoint. [L.N. 112 of 1964. First Schedule.]

3. Register of notaries

(1) The Chief Registrar of the Supreme Court shall keep a register in which he shall enter the name and address of every person who shall be appointed to the office of notary and the date of his appointment and admission. [L.N. 107 of 1955. L.N. 112 of 1964.] (2) Every person appointed by the Chief Justice of Nigeria as a notary and whose name is entered in the register shall be entitled to a certificate to the effect that he has been registered as a notary public for Nigeria. (3) It shall be the duty of all notaries to inform the Chief Registrar of any changes in their address.

4. Fees

(1) A notary shall not charge for the performance of any of the duties of his office any sum in excess of the fees set out in the Second Schedule to this Act. [Second Schedule.] (2) Any such fees received by a Government officer for the discharge of notarial du- ties shall form part of the Consolidated Revenue Fund of the Federation and be paid by that officer into the Treasury. (3) The Chief Justice of Nigeria may by order, alter or revoke the fees prescribed in the Second Schedule to this Act and may specify the fee which may be charged in respect of any notarial act not specifically mentioned in the said Schedule. [L.N. 107 of 1955.]

5. Notaries to be officers of the Supreme Court

Every notary shall be deemed to be an officer of the Supreme Court. [L.N. 107of 1955.]

6. Revocation of appointment of notary by the Supreme Court

If a notary is convicted of any offence, or be adjudged guilty of any misconduct whether in his capacity as a notary or otherwise, the court before which he is so convicted or by which he is so adjudged shall make a report thereof to the Chief Justice of Nigeria and the Supreme Court may revoke his appointment and direct the Chief Registrar to re- move the name of the notary from the register. [L.N. 107 of 1955.]

7. Suspension of notaries

In addition to the provisions contained in section 7 of this Act, the Supreme Court shall have power for reasonable cause to suspend such notary from practicing during any specified period or to order his name to be struck off the register. [L.N. 107 of 1955.]

8. Judges may suspend notaries temporarily

Any Justice of the Supreme Court may suspend a notary temporarily from practicing as a notary pending a reference to and the decision by the Supreme Court of any com- plaint against the said notary. [L.N. 107 of 1955.]

9. Constitution of Supreme Court on inquiring into complaint against a notary

(1) The powers conferred upon the Supreme Court by sections 7 and 8 of this Act shall be exercised by any three Justices of that Court sitting together. [L.N. 107 of 1955.] (2) The decision of the majority of the three Justices in case they shall not agree on their opinion, shall be taken to be the decision of the Supreme Court. [L.N. 107 of 1955.]

10. Existing notaries to be entered in register

The names and particulars of all persons who are enrolled on the roll of court kept in accordance with the provisions of the Notaries Public Act hereby repealed, and who are living when this Act comes into force shall be entered in the register to be kept by the Chief Registrar of the Supreme Court under section 4 of this Act. [Cap. 18 of 1923 Edition.]

11. Register to be revised

(1) Where the Chief Registrar of the Supreme Court has reason to believe that a notary, whose name is on the register kept under this Act, has left Nigeria and is not re- turning to Nigeria or is dead, he shall publish in the Federal Gazette a notice to the effect that unless the said notary shall show cause to the contrary his name will be removed from the register on a date to be specified in the notice, not being less than three months from the date of the notice, and on the specified date, if cause has not been shown to the contrary the Chief Registrar shall remove the name of the said notary from the register. (2) After a name has been removed from the register the Chief Registrar of the Supreme Court shall, if possible, inform the notary by notice sent to the address of the notary, that his name has been removed from the register and the date of such removal. [L.N. 107 of 1955.]