Section 9: Validity of digitally notarised documents

(1) In determining the validity of a digitally notarised document, the digital signature and seal of the Notary Public performing the notarisation shall serve as prima facie evidence in any court in Nigeria that the signature and seal is genuine.
(2) The failure of a Notary Public to comply with the requirements of this Act in the performance of his functions and the discharge of his duties, shall not invalidate or impair the recognition of the notarisation.
(3)
The validity and recognition of notarisation under this Act does not prohibit an aggrieved party from seeking to invalidate a record or transaction that is subject of a notarisation where —
(a) the person did not intent to authenticate or adopt a record, execute a signature on record;
(b) an individual was incompetent, lacked authority or capacity to authenticate or adopt a record, or did not knowingly and voluntarily authenticate or adopt a record; and
(c) there is a case of fraud, forgery, mistake, misrepresentation, impersonation, duress, undue influence, or other reasonable invalidating causes.
(4) Where a document has been notarised digitally, the Notary Public's digital signature is deemed to be reliable, provided that —
(a) it is unique to the Notary Public;
(b) it has been previously registered with the Chief Registrar of the Supreme Court;
(c) it is capable of independent verification;
(d) it is retained under the Notary Public's sole control; and
(e) the digitally notarised document is accompanied by an electronic notarial certificate.