What attestation means
Attestation is somebody standing there, watching you sign, and then signing to say they watched you sign.
It sounds like a formality until a dispute starts. Then the whole case can turn on whether a signature is genuine, and the witness is the person who can say yes, I was there, that is the man who signed it.
The part of the document where this happens is the attestation clause. It usually reads something like signed, sealed and delivered by the within named assignor in the presence of, followed by the witness's name, address, occupation and signature.
How it is used
Deeds are the main event. A deed of assignment, a power of attorney, a mortgage or a will all need proper witnessing, and the requirements are stricter than for an ordinary contract.
Outside deeds, attestation is common on tenancy agreements, loan agreements and guarantees, mostly because Nigerian practice treats a witnessed document as more serious and harder to walk away from.
Key features
- The witness must actually be present when the party signs
- The witness signs and provides name, address and occupation, not just a squiggle
- A party to the document should not witness it, since they cannot verify their own signature
- For a will, the witnesses must not be beneficiaries or married to one
- Some documents need attestation before a notary or magistrate rather than an ordinary witness
How this works in Nigeria
Nigerian registries care about this. A deed presented for registration with a defective attestation clause, or with a witness who left the address blank, can be rejected and sent back, which costs weeks.
Where one of the parties is illiterate or blind, practice requires a jurat, which is a special clause recording that the document was read over and interpreted to them in a language they understand, and that they appeared to understand it before making their mark.
Limits and risks
Attestation proves that the signature is genuine. It does not prove the signer understood the document, agreed with it, or had authority to sign for a company.
It also does not fix a document that is defective for other reasons. A properly witnessed deed of assignment with no Governor's consent is still a deed with no Governor's consent.
Worth knowing
A beneficiary who witnesses a Nigerian will can lose their gift under it. Use witnesses who take nothing under the document.
Questions people ask
Who can witness a document in Nigeria?
Generally any adult of sound mind who is not a party to the document and, in the case of a will, not a beneficiary or the spouse of one. For some documents you need a notary public, a magistrate or a commissioner for oaths instead.
Can my spouse witness my signature?
For most ordinary contracts, yes, though it weakens the value of the witness because a court may see them as too close to be independent. For a will, a spouse of a beneficiary should never witness it, because the gift can fail.
What is a jurat?
A clause used where the signer is illiterate or blind, recording that the document was read and explained to them in a language they understand before they signed or made their mark. Without it, such a document is open to serious challenge.
Does a witness need to read the document?
No. The witness is confirming that they saw the person sign, not vouching for the contents. They should still record their full name, address and occupation so they can be traced later.
What happens if a deed is not properly attested?
It can be rejected at the registry, and if it is challenged in court the party relying on it has a much harder job proving the signature. Fixing it later means getting everybody back together, which is not always possible.