Understanding Digital Notarization in Nigeria: Complete Legal Framework

What is Digital Notarization?

Digital notarization, also known as electronic or remote notarization, is the process of notarizing documents electronically without requiring the physical presence of all parties. In Nigeria, this emerging practice is governed by a combination of the Notaries Public Act, the Evidence Act 2011, and evolving digital signature regulations.

The COVID-19 pandemic accelerated the adoption of digital notarization services across Lagos, Abuja, Port Harcourt, and other major Nigerian cities. Today, businesses and individuals can have their documents notarized remotely while maintaining full legal validity.

Legal Framework Governing Digital Notarization in Nigeria

1. The Notaries Public Act

The Notaries Public Act establishes the fundamental requirements for notarial practice in Nigeria. While originally designed for physical notarization, the Act's principles extend to digital practices through modern interpretation.

• Notaries must hold a valid Supreme Court Number (SCN) issued by the Chief Justice of Nigeria
• All notarial acts must be performed by a duly commissioned notary public
• Notaries have a duty to verify the identity of signatories
• Proper record-keeping is mandatory for all notarizations
• Notaries must maintain professional liability insurance

2. Evidence Act 2011

The Evidence Act 2011 modernized Nigerian evidence law to recognize electronic documents and digital signatures:

Section 84(1): In any proceedings, a statement contained in a document produced by a computer shall, subject to subsection (2) to (4), be admissible as evidence of any fact stated therein of which direct oral evidence would be admissible.

This provision creates the legal basis for electronically notarized documents to serve as evidence in Nigerian courts, provided they meet authentication requirements.

Requirements for Valid Digital Notarization

For a digital notarization to be legally valid in Nigeria, the following requirements must be met:

• Notary Verification: The notary must hold a valid SCN and be in good standing with the Supreme Court of Nigeria
• Identity Verification: The signatory's identity must be verified using government-issued ID (NIN, International Passport, Driver's License, or Voter's Card)
• Digital Signature: A secure digital signature complying with PKI (Public Key Infrastructure) standards must be applied
• Audit Trail: Complete digital audit trail documenting the time, date, IP address, and identity verification steps
• Document Integrity: The document must be protected against tampering using cryptographic hashing
• Notarial Certificate: A proper notarial certificate must be attached, including the notary's digital seal and signature

How Digital Notarization Works: Step-by-Step Process

Benefits of Digital Notarization for Nigerians

Digital notarization offers significant advantages over traditional notarization methods:

• Convenience: No need to travel to a notary's office - access services from anywhere in Nigeria or abroad
• Speed: Complete notarization in 30-60 minutes versus 2-3 days for traditional methods
• Cost Savings: Save on transportation costs and time away from work
• Security: Enhanced security through encryption and tamper-proof digital seals
• Accessibility: Particularly valuable for Nigerians in the diaspora
• Record Keeping: Automatic digital records for easy retrieval
• Environmental Impact: Reduced paper usage aligns with sustainability goals

Common Documents for Digital Notarization

The following documents are commonly notarized digitally in Nigeria:

• Affidavits (change of name, age declaration, loss of documents)
• Powers of Attorney (general, special, property-specific)
• Statutory Declarations
• Certified True Copies of academic certificates
• Business incorporation documents
• Real estate documents (sale agreements, lease agreements)
• Consent letters for minors traveling abroad
• Authentication of signatures on contracts
• Bank account opening documents
• Immigration and visa application documents

Verifying a Digitally Notarized Document

To verify the authenticity of a digitally notarized document:

• Check the notary's Supreme Court Number (SCN) on the Supreme Court of Nigeria website
• Verify the digital signature using the notary platform's verification tool
• Confirm the notarial certificate includes all required elements (date, location, notary details)
• Check for the presence of a secure digital seal
• Verify the document hash to ensure it hasn't been tampered with
• Contact the notary directly if you have any doubts

International Recognition

Nigeria is a signatory to the Hague Apostille Convention (since July 2019), which simplifies the process of authenticating documents for use abroad. Digitally notarized documents can receive an apostille from the Federal Ministry of Foreign Affairs for use in over 120 countries.

For countries not party to the Apostille Convention, additional legalization through the destination country's embassy in Nigeria may be required.

The Future of Notarization in Nigeria

The Nigerian legal sector is rapidly digitalizing. Key trends to watch include:

• Integration with blockchain technology for immutable record-keeping
• Expanded use of AI for identity verification and fraud detection
• Greater acceptance by Nigerian courts and government agencies
• Development of specialized digital notarization standards
• Increased cross-border digital notarization services