Legalization of documents in this context simply means the process of certifying that a document is legit or authentic, i.e. it is the process of confirming the veracity or the authenticity or otherwise of a document. 

Because people tend to act funny or try to play smart sometimes and present fake or forged documents, the authorities they are presented to are being forced to confirm the genuineness or legitimacy of such documents presented before them. If they confirm that such a document is legit and not forged or faked, they will accept it  i.e. authenticate, or legalize it but if they see that it is fake or forged in any way they will discountenance such document.

Authentication comes before legalization. You can only legalize a document you have authenticated.

Authentication of documents simply means to check or confirm the authenticity, genuineness, or originality of the document presented before the authority. Authentication checks the authenticity or legitimacy of the document while legalization checks or confirms the legitimacy or genuineness of the authenticity carried out on the document. Legalization tries to confirm if the authenticity stamp on the document is real or forged.

Authentication of a document is done by Nigerian authorities while legalization of the document is done by the foreign embassy of the country where the document is presented before.

Legalization of documents in Nigeria, therefore, connotes the certification of a document, which has already been authenticated.  It is a process by which a foreign embassy in Nigeria certifies the genuineness of the signature or stamps and/or seal made by the authorized officials of the Ministry of Foreign Affairs in Nigeria.

The reason why every official document leaving Nigeria and is to be presented to a foreign authority is legalized by the foreign embassy even when it has already been authenticated by the Federal Ministry of foreign affairs in Nigeria is because Nigeria is not a signatory to the Hague Apostille Convention of 1961. The Hague Apostille Convention entered by some nations of the world on 5 October 1961 abolished the requirement of Legalisation for Foreign Public Documents moving from one member state to the other.

The most common documents individuals authenticate and legalize include but are not limited to the following;

-Educational documents; WASSCE, Bsc, Msc, Ph.D. certificate, and educational transcripts. 

-Professional licenses 

—Birth certificate or Attestation of Birth Certificate

-Marriage certificate ie legal proof of marriage 

-Divorce certificate ie legal proof of divorce 

-Single status affidavit/ Bachelorhood/ spinsterhood certificate. 

-Police character certificate or Criminal Record Check Certificates

-Nigerian International Passport Data Page

-CAC Incorporation documents

-Authorization letters

-Employment Letter certificate 

-Declaration of assets

-Bank statements/ proof of funds (POF).

-Sponsorship letters,

-Power of Attorney. 

-Change of Name Certificates

-Adoption Papers

-Citizenship and Immigration Documents

-Medical Reports

-Contract Papers or Agreement; etc

Please note that all documents issued by an authority in Nigeria, be it a government authority, or a private institution that is to be presented or submitted to a foreign authority need to go through the process of legalization whereby the foreign authority confirms the authenticity or legitimacy of such documents ensuring that is not forged or faked but documents required to be authenticated or legalized is peculiar to an individual country that is to be presented to.

You can either undertake to go through this process by yourself or you can engage the service of a legal practitioner or an agent. But for Nigerians residing abroad who need to authenticate or legalize their documents, it is advisable that instead of coming down to Nigeria for just that purpose, you should rather employ the services of a legal practitioner residing in Nigeria.

I was drafting an affidavit for a client this morning and it occurred to me that many people (including the client that needs the affidavit) have no slightest clue of what an affidavit is. Some just know that it is a legal document obtained from the court or from a lawyer who is a notary public but it is more than that.

The word Affidavit is derived from the Latin word “Afihdayvit” which when loosely translated means “for he has declared or stated under oath”.

An Affidavit, therefore, is a written statement voluntarily made by a person called the affiant or the deponent under oath or affirmation which is administered by a person who has been authorized by law to do that which can either be a notary public or an official of the court known as the commissioner for oaths.

By law, for an affidavit to be authorized by the commissioner for oath or the notary public, the deponent must be present to have sworn or adopted the written statement in person. This is to say that it is illegal for another person to swear an affidavit on behalf of another person or for an authority to authorize an affidavit in the absence of the deponent.

Because an affidavit is a type of verified statement showing, or containing a verification, it is therefore made under oath. It is believed that when a deponent swore to an affidavit the statement he makes is true and he believed all the acts stated therein to be true (to the best of his knowledge) because he is under oath and lying under oath is a serious criminal offense called perjury.

So as not to be held liable for the crime of perjury, you are therefore advised that before you sign an affidavit read the document thoroughly to ensure that the information written therein is accurate and truthful.  If the affidavit includes any statements that are just mere opinions, conjectures, or beliefs of the deponent, it needs to be stated that such paragraphs or statements are just an opinion or honest beliefs of the deponents which may or may not be the truthful representation of the facts.

You can use an affidavit to correct or change the content(s) of an official document.

Some common forms of affidavit may include but are not limited to the following;

* Court affidavits

* Affidavit of non-membership of a secret cult.

* Self-proving will affidavit.

* Affidavit of power of attorney.

* Financial affidavit.

* Affidavit of a lost document.

* Affidavit of identity theft.

* Affidavit of loss of property

* Affidavit of change or correction of details

An affidavit can be simplified to be the written version of swearing under oath, to tell the truth.