The Case for Mandatory Notarial Training and Assessment in Nigeria
Introduction
Notarial practice plays a critical role in legal and commercial transactions, particularly in matters involving authentication, certification, and cross border documentation. Despite its importance, the current system for appointing notaries in Nigeria does not adequately reflect the level of expertise required for effective notarial service delivery.
This raises an important question. Is experience in general legal practice sufficient preparation for the responsibilities of a notary public?
The Core Problem
Under the current framework, eligibility for notarial appointment is largely based on years of legal practice. Typically, a lawyer becomes qualified after several years at the Bar. However, this requirement measures time, not competence.
Legal practice and notarial practice are fundamentally different disciplines. While legal practice may involve advocacy, advisory, and transactional work, notarial practice requires specialized knowledge that is not commonly acquired through general legal experience.
As a result, many practitioners who meet the eligibility criteria may still lack the technical expertise required for notarial duties.
The Gap Between Legal Practice and Notarial Competence
- Knowledge of international authentication frameworks.
- Compliance with Apostille requirements.
- Identity verification standards.
- Anti fraud protocols
- Ethical obligations specific to notarial practice.
- Digital and remote notarisation procedures under current laws.
These competencies are not typically taught in law faculties, nor are they fully covered during professional legal training or Bar examinations.
This creates a significant gap between qualification and actual readiness for notarial practice.
Recent Developments and Opportunities for Reform
There have been important developments that make reform both possible and necessary.
The Notaries Public Act 2023 has introduced a more modern legal framework, including provisions for electronic and remote notarisation. This reflects the evolving nature of legal services in a digital world.
In addition, the Organisation of Notaries and Associates has established institutional structures aimed at providing formal training for both practicing lawyers and aspiring notaries.
Furthermore, the Notary Public Handbook by Arbiter Akintoye Sowemimo has contributed significantly to the development of a structured knowledge base for notarial practice.
Together, these developments present a clear opportunity to improve standards and redefine how notarial competence is assessed.
Why Reform Is Necessary
Notarial competence should be based on knowledge, training, and demonstrated ability, not merely the passage of time.
A well trained and properly assessed law graduate may be better equipped for notarial duties than a practitioner with many years of general legal experience but no specialized training.
Continuing with the current system risks maintaining a structure where practitioners are authorized but not fully prepared. This has implications not only for professional standards but also for public trust.
Recommendations
To strengthen notarial practice in Nigeria, the following steps should be considered:
- Replace the current experience based requirement with a competence based standard.
- Introduce mandatory accredited training for all aspiring notaries.
- Establish a standardized assessment or examination process.
- Require a supervised practice period before independent appointment.
- Implement mandatory continuing professional development in notarial practice
These measures will ensure that only qualified and competent individuals are entrusted with notarial responsibilities.
Conclusion
Nigeria’s notarial system is at a critical point of transition. With the introduction of modern legislation, the availability of structured training, and the development of authoritative learning resources, there is a clear path toward reform.
Moving from assumption based qualification to competence based assessment will not only improve professional standards but also strengthen confidence in notarial services across the country.
The reform of notarial practice is not simply desirable. It is necessary.
Author’s Note
This article draws on the work and insights of Arbiter Akintoye Sowemimo and has been adapted for clarity and professional application.
You may also read: Why Notarial Competence Matters for Legal Transactions in Nigeria