The Legal Practitioners Privileges Committee (LPPC) on the 15th of September 2023 announced that the attention of the legal community and the general public alike. The Committee revealed a tentative list of 69 lawyers who had been nominated to receive the prestigious rank of Senior Advocate of Nigeria (SAN).
This announcement marked a pivotal moment in the legal landscape, as the conferment of the SAN title is a highly esteemed honor in Nigeria’s legal profession. The entire process leading up to this announcement is an annual practice that invokes anticipation and excitement among lawyers and the broader public.
The path to becoming a Senior Advocate of Nigeria is a rigorous one, involving a thorough screening process carried out by the LPPC. This process is a testament to the commitment of the legal community in upholding the highest standards of legal practice and recognizing excellence in the field. Aspiring SANs undergo a comprehensive evaluation of their legal skills, ethical conduct, and contributions to the legal profession and society as a whole.
What sets this process apart is its efficiency and timeliness. SAN applications typically receive prompt and focused attention, with most candidates learning of their status within a reasonable timeframe, typically ranging from 9 to 12 months. The swift consideration of these applications has contributed to the prestige associated with the SAN title and has reinforced public confidence in the legal profession.
However, it is regrettable that another category of legal professionals, those seeking to attain the status of “Notary Public,” has faced a starkly contrasting fate. The issue lies in the fact that applications for the position of Notary Public have languished without due attention and resolution for several years, presenting a stark disparity in the legal community.
The Notaries Public Act of 1936 (”the Act”) outlines the framework for the appointment, roles, and responsibilities of Notaries Public in Nigeria. These individuals play a crucial role in verifying the authenticity of documents, thereby enabling them to be recognized and accepted internationally for various purposes. The Chief Justice of Nigeria holds the authority to appoint Notaries Public, and upon appointment, they are deemed officers of the Supreme Court of Nigeria.
While the importance of Notaries Public in notarizing documents and assisting the court cannot be overstated, the systemic delay and lack of attention in processing applications for this position have raised concerns and frustration among aspiring Notaries Public. Unlike the efficient and well-managed SAN application process, which is eagerly awaited each year, the process for becoming a Notary Public has fallen into disarray, causing prolonged uncertainty and discontent among applicants.
Section 2(1) of the Act provides “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”.
From the above, it is clear that only legal practitioners can be appointed as Notaries Public of Nigeria. According to the Supreme Court Notary public portal, the requirements for the application of Notary Public include the following:
3 copies of formal Application letter printed on the letter headed paper should be addressed to the Chief Registrar of the Supreme Court of Nigeria Abuja. Curriculum vitae (CV) should be duly signed. 23 copies for Lagos state and 15 copies for other states. Photocopies of practicing fees receipt for 7 years preceding the date of application and each payment must have been made as at when due on or before 31st of March of each year. 3 photocopies of Call to Bar Certificate. 3 photocopies of Applicant’s Incorporation Certificate with the Corporate Affairs Commission Just like applications to the rank of Senior Advocate, it is expected that the applications are considered and confirmed or rejected on an annual basis by the Chief Justice of Nigeria. However, findings by newsmen reveal that most applications for Notary Public have been pending before the Supreme Court for the past 5-6 years.
The Notary Public Act, as stipulated by its provisions, places the crucial responsibility of confirming all applications squarely in the hands of the Chief Justice of Nigeria (CJN). While this may seem like a prudent and necessary measure to ensure the integrity and competence of notary public appointments, it has regrettably become a source of frustration and discontent among numerous applicants over the years.
The exclusive authority vested in the CJN has inadvertently led to a protracted and oftentimes exasperating delay in processing and confirming applicants. This delay, which has persisted over multiple CJN administrations, has raised serious concerns within the legal community and among aspiring notary public appointees.
The consequences of this recurring issue are multifaceted and troubling. Firstly, the prolonged waiting periods have left numerous applicants in a state of limbo, unsure of when, or even if, their applications will ever be addressed. This uncertainty has hampered their ability to plan their professional careers effectively and has potentially hindered their access to important opportunities that come with being a notary public.
Secondly, the lack of transparency and communication surrounding the reasons for these delays has fueled frustration and discontent among the applicants. Without clear explanations or justifications, many applicants find themselves questioning the fairness and accountability of the confirmation process. This lack of transparency has eroded trust in the system and, in some cases, has even led to accusations of favoritism or political interference.
Furthermore, the persistence of this issue has created a growing undercurrent of dissatisfaction within the legal community. As successive CJNs come and go without addressing the backlog of pending applications, a sense of disillusionment has settled in among notary public aspirants. They have grown weary of the unexplained and unjustified delays, which appear to be a recurring theme rather than an isolated incident.
To address this miasma, it has been recommended that certain reforms be effected to the application and approval process. First, an amendment to the Notary Public Act to decentralize the approving authority. With the volume of responsibility conferred on the CJN by the Constitution and several other Statutes, it is inevitable that he will be unable to effectively execute some due to fatigue and exhaustion expected of every human. It is therefore recommended that the power to approve Notary applications be liberalized either to CJs of States or a dedicated Committee to be constituted of renowned and reputable legal practitioners and Judges.
Secondly, the application process needs to be digitized. In a digital era, there is need for a transition in the application from the cumbersome offline procedure to an online system.
In light of the persisting challenges and frustrations surrounding the approval process for Notary Public applications, it has become increasingly evident that reform is not only necessary but imperative. Several key recommendations have emerged as potential solutions to address the current miasma.
Firstly, it is proposed that an amendment to the Notary Public Act should be pursued with the aim of decentralizing the approving authority. Presently, the Chief Justice of Nigeria bears the immense responsibility of appointing Notary Publics, alongside numerous other duties outlined by the Constitution and various statutes. The sheer volume of these responsibilities makes it virtually impossible for any individual, even the most capable, to effectively manage them all without succumbing to fatigue and exhaustion—a predicament that can lead to delays and inefficiencies.
To alleviate this burden and streamline the process, it is suggested that the power to approve Notary applications be liberalized. One viable option is to empower the Chief Justices of the individual states to handle the approval process within their respective jurisdictions. Alternatively, a dedicated committee could be formed, composed of renowned and reputable legal practitioners and judges who possess the expertise and impartiality necessary to make informed decisions regarding Notary Public appointments. This decentralization of authority would not only expedite the approval process but also ensure a more transparent and accountable system.
Secondly, to modernize and expedite the application process, it is crucial to transition from the traditional offline procedure to a digitized, online system. In today’s digital era, where information and communication technologies have transformed the way we conduct business and interact, the legal profession should also embrace this technological evolution. Digitizing the Notary Public application process would simplify and expedite the submission of applications, reduce paperwork, and enhance accessibility for applicants.
An online platform could facilitate the seamless submission of required documents, streamline the verification process, and provide a centralized database for tracking applications and approvals. Moreover, it would enable real-time communication between applicants and the approving authorities, reducing the likelihood of applications languishing in obscurity.
In conclusion, the current challenges and delays associated with Notary Public appointments in Nigeria necessitate significant reforms to the application and approval process. Decentralizing the approving authority, whether through empowering state Chief Justices or establishing a dedicated committee, would help alleviate the administrative burden on the Chief Justice of Nigeria and ensure a more efficient and equitable system. Simultaneously, transitioning to a digitized application process would bring the system in line with modern standards, offering greater transparency, accessibility, and efficiency.
These reforms, if implemented, have the potential to revitalize the Notary Public appointment process, restore confidence in the legal profession, and ensure that qualified individuals are able to fulfill this important role without undue delay or frustration. Ultimately, they would contribute to the enhancement of the legal system’s integrity and functionality, benefiting both the legal community and the broader public.
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