FREEDOM OF ESTABLISHMENT UNDER THE ECOWAS TREATY: RIGHT OF A COMMUNITY CITIZEN TO PRACTICE HIS OFFICE AS NOTARY PUBLIC IN NIGERIA

Abstract

In this paper, we examined discrimination against migrants in admission to general notarial office and practice in Nigeria. We established that a primary jurisdictional requirement in admission to general notarial practice in Nigeria is membership of the bar. However, there is statutory provision for the granting of a warrant to a non-citizen entitling him to restricted practice of law in Nigeria for the purpose of particular proceedings. There is also provision permitting granting of reciprocal facilities and the privilege of unrestricted practice of law locally to citizens of countries where Nigerians enjoy similar privileges. Definition of legal practitioner encompasses these two categories who are permitted to practice law in Nigeria by virtue of high grace. They are thus eligible for appointment to the office of notary. From this context of regulatory discrimination between citizens and non-citizens, we examined the provisions of the ECOWAS Treaty and the applicable protocols. We established that the ECOWAS right of establishment provides a comprehensive legal basis for community citizens residing in Nigeria to be admitted to practice the notarial office on the same basis as Nigerian citizens. We then brought out that contrary to the projected timeline for implementation of the ECOWAS right of establishment, till date, the right of establishment in the sub-region has not been realized or been meaningfully implemented. This leads us to the conclusion that until the full implementation of the complete right of establishment protocol, ECOWAS community citizens, just like other migrants, will continue to suffer the discrimination of being prohibited, as of right, to practice the notarial office in Nigeria.