Decree on appointment of notaries: Common Law lawyers on brink of renewed showdown with gov't.

Common Law lawyers in the North West and South West Regions are fuming and threatening fire and brimstone, following a decree signed by the Head of State, President Paul Biya, instituting the appointment of Notaries Public, in the two English-speaking Regions.The functions of Notaries Public in the North West and South West Regions were hitherto performed by lawyers. But degree No. 20254316 of 16 July, 2025, signed by President Biya, stipulates that from that date, Notaries Public will be appointed in the two English-speaking Regions.

Article 2 of the decree, a copy of which The Guardian Post has seen, states that: “A Notary Public shall be a public official, instituted to receive all acts and contracts, which the parties wish to confer authenticity borne by statutory instruments, to verify their dates, ensure their conservation, issue authentic duplicate and copies thereof”.

Meanwhile, Article 4 of the decree stipulates that: “(1) The office of a Notary Public shall be set up by Decree of the President of the Republic at the seat of Courts of First Instance or any other locality within the jurisdiction of the said court. It shall be transferred or closed under the same conditions. (2) The number of offices shall be determined in compliance with the terms and conditions laid down in Paragraph 1 above. (3) The office of a Notary Public shall be personal, subject to the provisions on professional partnerships. (4) The office of a Notary Public shall be non-assignable and, subject to the provisions of the General Tax Code, exempt from attachment”.

The decree states in its Article 5 that: “(1) A Notary Public shall practice throughout the jurisdiction of the Court of Appeal of his place of appointment. (2) A Notary Public shall reside at the place specified by the appointment instrument. (3) A Notary Public who violates the provisions of Paragraph 2 above shall be deemed to have resigned. In such a case, the provisions of this Decree relating to final cessation of duty shall apply”.

However, this development has not gone done well with Common Law lawyers in the North West and South West Regions, who say this curtails some of their functions and view it as “evil” and “devilish”. 

The lawyers are boiling in anger, and threatening fire for fire with Yaounde. Some, who spoke to The Guardian Post, said the days ahead are pregnant with hostility and challenge to the decree, which they termed “vexatious”.

Consultations weren’t done before decree 

In a social media post, prominent Limbe-based lawyer, Barrister Henry Ngale Monono, questioned: “Why would Biya sign this bad decree on notaries at this time? They know this is a hot potato, which can split the country. Has someone decided to light this fire against national unity?”

“The decree is against our special status legislation, therefore it’s contrary to the constitution. How can the State tell you that you can no longer practice your profession? Notarial practice in our Regions has been the main anchor of the economy, which has been propelling banks, cooperatives and all financial houses. Have the financial houses complained?”, Barrister Monono queried.

He added that: “Before laws are made, you must take into consideration the popular consciousness of a people. It is the making of laws without considering a people’s culture, moral values, beliefs, ideas and perceptions that bring about disaffection, discrimination and discord. That is why the law on Special Status mandates that consultation shall be made to our Regional Councils, when it pertains to matters touching and concerning Common Law and education. This consultation was never made in this regard and we urge the Head of State to withdraw this decree and order for those consultations to be made as a condition precedent before any further enactments. And that is the crux of the matter”.

Decree ignores Special Status given Anglophones

On his part, Barrister Ebah Ntoko Justice told The Guardian Post: “The decree recently signed to regulate and organise the profession of Notary Public is evil and devilish. It totally ignores the Special Status given Anglophones in this country as well as the total assimilation of our Common Law practice”. 

Meanwhile, another Common Law lawyer, who did not want to be named, said: “Our substantive law to wit; contract law, probate/administration of estate law, conveyancing law, landlord/tenant law and adjectival law are of Common Law origin and notarial instruments in the Common Law jurisdiction are substantially different in content from those in the Civil Law jurisdiction. Since legal practitioners in the Common Law jurisdiction are trained from the inception as Advocates, Solicitors and Notaries, there will be a mix-up if Notaries of Civil Law jurisdiction with no background of our substantive Common Law principles and adjectival law are appointed as Notaries in our jurisdiction”. 

He made reference to the drafting of contracts, lease/tenancy agreements, wills, conveyancing, power of attorneys as opposed to procuration in the Civil Law jurisdiction. 

It should be noted that it is not the first time the bone of contention on the appointment of Notaries Public in the North West and South West Regions is coming up. 

It first reared its ugly head in 2009. Then, the government backpedalled after a petition, signed by some 68 Common Law lawyers on April 28, 2009, was sent to the Prime Minister’s Office.

This article was first published in The Guardian Post Edition No:3512 of Wednesday July 23, 2025