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CJ deplores endorsement of fraudulent documents by notaries public

Accra, Oct. 13, Ghanadot/GNA - The Chief Justice Mrs Justice Georgina T. Wood on Friday deplored the attitude of some notaries public who endorsed fraudulent documents submitted to embassies saying the judiciary had been under attack from embassies who had found them not to be trustworthy following the presentation of such fraudulent documents.


"Indeed, as officers of the court, the Supreme Court is empowered under the law to suspend you from practicing for any period or order your name to be struck out of the roll of notaries," she said when she swore into office 41 notaries public at the Supreme Court in Accra.


Notaries public are persons who have been in legal practice for not less than 10 years and are of high moral character and integrity.


A notary is also a qualified and experienced lawyer trained in the drafting and execution of legal documents, prepares contracts, leases, powers of attorney, articles of partnership, wills and other instruments and their work is recognised internationally.


Mrs Justice Wood said: "If you willfully certify or propound any false statement or document or if you fraudulently and with intent to deceive, conceal, withhold, or prevent any fact or document pertinent to the subject of a notary act you will be guilty of misdemeanour."


She urged them to use a reasonable amount of skill, care and diligence in their work saying, "failure to exercise due diligence, care and skill may lead to unpleasant consequence such as withdrawal of licenses of the notary public".


"Determine the identity of the person requesting a notaries act. You must not notarise a signature of a person who had not appeared before you," she told them.
Spelling out the functions of the notary, Mrs Justice Wood said they would be required to authenticate documents that could be used abroad and appealed to them to be conversant with principles and procedures of foreign countries.


She called on them to be proficient in one or two foreign languages and acquire basic knowledge in international law saying they should not to depend on translators and interpreters to do their work for them.


The Chief justice further charged the notaries public to bring their capacities as lawyers to salvage the image of the judiciary thereby becoming ambassadors of the nation.


She said it was important for the notaries public to maintain a registry of all activities performed by them in order to serve as a record base and asked them to notify the judiciary of any changes of names and address.


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