Chief Justice swears in 85 lawyers to serve as notaries public

The Chief Justice, Ms Sophia Akuffo, has sworn in 85 lawyers, including 29 women, as notaries public, with an advice to them to stay away from acts which pervert justice and also tarnish the image of the country.

She asked the notaries public, whose functions entail oath-taking, certification of documents, attestation to the authenticity of signatures and performance of official acts in commercial matters, to be professional and unbiased witnesses in the execution of their duties.

Notaries public, she said, played an important role in the prevention of fraud and such other cases.

Act

Under the Notaries Public Act, 1960 (Act 26), the Chief Justice is empowered to appoint to be a notary public any person who she considers fit and proper to discharge the duties assigned to that office by law or by the practice of commerce.

The practice is that only a lawyer of high moral character and proven integrity, with not less than 10 years’ standing as a member of the Ghana Bar Association (GBA), can be a notary public.

Charge

The Chief Justice, who administered the Oath of Office, charged the newly appointed notaries public to use their position to perform their duties with diligence and care, in compliance with the Notaries Act.

“A person appointed to such a public office is expected to be a qualified and experienced practitioner trained in the drafting and execution of legal documents. Such a person ought to be a person worthy of trust, fidelity and dignity and a person well instructed in his business,” she said.

Ms Akuffo said important documents prepared by a notary public, such as deeds, contracts, leases, power of attorney, articles of partnership, wills and other instruments, were recognised internationally and, therefore, urged the notaries public to ensure that they gave certificates which were truly authenticated with their notaries public signatures and official seals for them to be accepted in all countries where notary acts were recognised.

"The documents and instruments that you will be notarising are to be tenable everywhere in this world; we do not want to become one of the countries whose matters notarised locally are not treated with much weight or respect abroad. Do not let that happen to Ghana," she said.

The Chief Justice further advised them to maintain a register of all notary acts they undertook in order to build a solid record that would serve as proof, in instances of their work being imitated by fraudsters.

Faithfulness

The President of the GBA, Mr Anthony Forson Jr, said notaries public were obliged by law to perform their functions faithfully.

“As officers of the court, you must be truthful in all your undertakings and work to the best of your skills and ability. You must be honest, meticulous, diligent and firm in the discharge of your duties and you are obliged to discharge the duties assigned to the office in accordance with the laws of Ghana,” he said.

He also cautioned the new notaries public to be wary of people who would want to use them to proffer unlawful services.

The Notary Act prescribes sanctions on persons who engage in conducts which are inconsistent with the provisions of the act.

For her part, the Judicial Secretary, Ms Cynthia Pamela Addo, expressed confidence in the new notaries public and asked them to let their knowledge and experience have a bearing on their practice.