How to Get an Affidavit in Nigeria: This article has discussed how to acquire an affidavit.
WHAT IS AN APPLICATION FOR AFFIDAVIT?
An affidavit is a written or printed document that declares or states facts, submitted willingly by the party and taken before a person authorized by law to administer such an oath or confirmation. The oath verifies the facts included in an affidavit.
THE FOLLOWING ARE DETAILS ABOUT AN AFFIDAVIT IN NIGERIA THAT YOU SHOULD BE AWARE OF
Before an affidavit can be utilized in any Nigerian court for any purpose, the court must receive the original document. For all reasons, only the original or office copy is acceptable.
Any affidavit sworn before a judge, officer, or other authorized person is admissible in court in any matter that requires an affidavit.
A court judge, magistrate, or other officer authorized to administer oaths must sign an affidavit.
Any affidavit sworn before an authorized authority in another nation, such as:
a judge or magistrate, and authenticated by the notary public’s or court’s official seal,
a fully authorized officer in that country’s Nigerian Embassy, High Commission, or Consulate,
can be utilized in any situation where affidavits are accepted in court.
Affidavits that have the seal or signature of a court, judge, magistrate, or other authority are deemed authentic and may be produced in any court.
- Affidavits of facts: This is an affidavit filed with a court to bring certain facts to the court’s attention for authorization.
- Affidavits attesting to the disappearance of documents or other property
- Affidavits of name change: This is the form that is used to declare a change of name.
- In lieu of a birth certificate, an affidavit of declaration of age may be used.
- Affidavits attesting to a person’s moral character
- Affidavits that state the facts in support of legal cases: This is a written deposition taken under oath in support of court cases.
- Affidavits attesting to the loss of crucial documents such as birth certificates, death certificates, stock certificates, drivers’ licenses, vehicle registration information, and identity cards.
Read Also How Can I Send Money From USA to Nigeria?
PERSONS AUTHORIZED TO ISSUE AND SWEAR AFFIDAVITS IN NIGERIA
The following is a list of individuals in Nigeria who are authorized to issue and swear affidavits:
- Nigeria’s Chief Justice
- Nigerian Supreme Court Justices
- The President of the Court of Appeal and the Court of Appeal’s Justices
- Federal High Court judges
- Public Notaries
- Commissioners for Oaths: These are court officials (court registrars) who have completed at least grade 7 and have been assigned the responsibility of administering oaths.
PERSONS AUTHORIZED TO ISSUE AND SWEAR AFFIDAVITS ON A STATE LEVEL
Affidavits for court proceedings may be issued by the following categories of persons at the state level in Nigeria:
- The State’s Chief Judge
- High Court Judges (of the state)
- Public Notaries
- Oath Commissioners (Court officials)
All Nigerian states have consistent rules and procedures, as well as authorized personnel who may receive affidavits and oaths.
AFFIDAVITS FOR OUT-OF-COURT ACTIONS, ALSO CALLED PRIVATE OR PERSONAL AFFIDAVITS
Affidavits that are not utilized in legal proceedings are referred to as private or personal affidavits. Private affidavits may be sworn and issued by a Commissioner for Oaths or a Notary Public (used in non-court proceedings)
HOW TO OBTAIN AN AFFDAVIT IN NIGERIA
According to Nigeria’s constitution, the following elements must be met in order to acquire an Affidavit:
- When sworn, an affidavit must be signed by the deponent. If he or she is unable to write or is blind, he or she must sign it personally in front of the Commissioner for Oaths.
- Affidavit deponents must appear in person before a Commissioner for Oaths.
- Affidavit deponents must provide their full name, trade, profession, place of residence, and nationality.
THE FOLLOWING PROCEDURES ARE REQUIRED TO OBTAIN A SWORN AFFIDAVIT:
- The deponent (someone seeking to swear an affidavit) will visit either the court’s Commissioner for Oaths or a notary public. Affidavits filed in court are sworn by a Commissioner for Oaths.
- The deponent must pay the required fee and receive a receipt. Nota bene: An affidavit signed in court is usually accompanied by a receipt.
- The notary or Commissioner for Oath must confirm the deponent’s identity by examining a passport or national identification card.
- The Commissioner for Oaths or Notary must check the deponent’s statement’s facts by asking questions and requesting additional evidence.
- Following that, the deponent will swear to the accuracy of the information and sign the affidavit.
- The affidavit must be signed and sealed by a Commissioner for Oaths or Notary.
In summary, affidavits are obtained through simple affirmation of the contents in the presence of authorized personnel. The deponent is sworn in at the court register.
AFFIDAVITS ISSUED BY THE COURT INCLUDE SECURITY FEATURES
Although an affidavit lacks security safeguards and it is nearly impossible to confirm the authenticity of a document on the spot, there are certain factors that can be checked to identify whether it is genuine or not.
An affidavit will contain the following information:
- The deponent’s signature
- The Commissioner for Oaths’/Notary’s signature on the paper.
- The court’s/seal/stamp Notary’s
Each court has its own rubber or plastic seal that is used on affidavits issued by the court. The Commissioner for Oaths will affix the court’s seal and write his name at the bottom of the affidavit.
Affidavits issued by a Notary Public include the following:
- The notary’s stamp on the affidavit.
- A seal with the Notary Public’s name
- Number of Supreme Court registrants
This article has explained how to obtain an affidavit, who is authorized to swear an affidavit, and other prerequisites for obtaining an affidavit in Nigeria.