10/16/2007

News / Judiciary under attack

Linked from: http://www.thestatesmanonline.com/pages/news_detail.php?newsid=4955§ion=1

The Chief Justice, Justice Georgina Theodora Woods, has disclosed that the judiciary for some time now has come under attack from Embassies in the country due to fraudulent legal documents prepared and presented by Ghanaians to them.

Speaking at the administration of oath to 41 Notaries Public, the Chief Justice noted that this situation stand to destroy the faith in document presented by Ghanaian notaries public.

She said it is the responsibility of a notary public to determine the identity of the person requesting a notarial act. She said a notary public must not notarize a signature of a person who has not appeared before him, a practice she observed Ghanaians are fond of.

"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 notaries act you will be guilty of misdemeanor," she said.

The Chief Justice said as sworn public officials, notaries public serve an important role in the prevention of fraud and protection of the parties involved by acting as official, unbiased witness for some documents.

A notaries public is an officer of the law whose duty it is to attest deeds, contracts, and other instruments that are to be used abroad and to give certificate, if authenticated by his signature and official seal, is accepted in all countries where notaries acts are recognised as proof of the acts done in his presence and attested by him.

In Ghana, the Notaries Public Act, 1960, Act 26, consolidated the laws relating to notaries public. The Chief Justice under this law is empowered to appoint to be notary public any person whom she considers fit and proper to discharge the duties assigned to that office by law or by the practice of commerce.

Only lawyers of high moral character and proven integrity and not less than ten years standing as lawyers are normally appointed as notaries public in Ghana.

She advised the Commissioned Officers to be proficient in one or two foreign languages, and also have some basic knowledge in international law.


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