The book: “NOTARIES PUBLIC PRACTICE IN GHANA – The Law, Cases & Materials”, is the first of its kind by a local writer from and within our jurisdiction, contextualized against the background of Ghanaian jurisprudence, and yet informed by the standards and requirements of global notarial practice. The book sketches the historical origins of the notaries public and commissioner for oaths practice in Ghana, tracing the linkage between the practice here in Ghana and the received English law, the common law, principles and institutions and shows how the legal/notarial professions evolved in the Gold Coast all within the context of English common law and legal institutions.
At the heart of the book, we see a distinct picture of the NOTARY – who he is; the requirements and qualifications for appointment and enrolment; the “Status of Notaries” as “officers of the court”, “officers of the legal system” and as “accountable institutions”, the implications and obligations arising therefrom this special status, as well as what broadly can be reckoned as “notarial acts”. The material covered includes sources of law for the practice; and the constitutional, statutory legal context in which the notary is required to function to assure the pursuit of justice underpinned by professionalism, ethics, integrity, morality, discipline and accountability.
The powers, functions, duties and responsibilities of the notary are covered in detail, including the critical responsibility of the notary to prevent fraud, to avoid conflict of interest, to undertake due diligence prior to performing a notarial act; the duty to refuse to act in appropriate circumstances the notary’s duty to keep a register/journal of notarial acts; the notary’s engagements with administration of oaths and affirmations, swearing of oaths/affirmations, the taking of affidavits and declarations; powers of attorney; the notary’s traditional role in the validation of deeds and documents encompassing notarial duty of authentication, certification, attestation, legalization, verification and acknowledgment of deeds and documents; the requirements in the preparation and signing of legal documents; and the notary’s duty in the performance of official acts in commercial transactions.
The book will be relevant in assisting in the advancement of the cause and development of the Ghana legal system, promote commerce and assure credibility and integrity required in legal documentation requisite in matters including mercantilism, banking, finance, land transactions, etc.; and in the enhancement of administration of justice and the rule of law. In addition, the book has carefully adapted corpus of forms and precedents for the guidance of solicitors and notary practitioners.