In this article, we will look at the application processes for affidavit in Nigeria. The cost involved in the process will as well be outlined here. Other related information like eligibility, requirements, the issuer, and the general information about affidavit will be featured in the write-up.
REQUIREMENTS FOR OBTAINING AN AFFIDAVIT IN NIGERIA
In Nigeria, the requirements for obtaining an affidavit will be highlighted below.
The following are the prerequisites for obtaining an Affidavit under the Nigerian constitution:
- When sworn, the deponent must sign the affidavit. If he or she is unable to write or is blind, he or she must sign it in the presence of the Commissioner for Oaths.
- Affidavit deponents must appear in person before a Commissioner for Oaths.
- Affidavit deponents must state their full name, trade, profession, place of residence, and nationality.
That’s for the general requirements, however, others may follow contingent on the type of affidavit.
HOW TO APPLY FOR AND OBTAIN AN AFFIDAVIT IN NIGERIA
In Nigeria, how do you apply for and obtain a sworn affidavit? The following are step-by-step processes on how to get Affidavit in Nigeria:
- The deponent (the individual who wishes to swear an affidavit) will go to either the court’s Commissioner for Oaths or a notary public. Note: A Commissioner for Oaths swears affidavits for court proceedings.
- The deponent must pay the required fee and will receive a receipt. A receipt will always be supplied to an affidavit sworn in court.
- The deponent’s identification must be verified by the notary or Commissioner for Oath by examining a passport or national ID card.
- By asking questions and requesting the deponent to produce any further proof, the Commissioner for Oaths or Notary must verify the facts of the deponent’s declaration.
- After that, the deponent will swear to the facts and sign the affidavit.
- The affidavit must be signed and sealed by the Commissioner for Oaths or a Notary.
In conclusion, affidavits are obtained by simply affirming the contents in front of authorized personnel. The deponent is sworn in at the court register.
THE COST OF OBTAINING AN AFFIDAVIT IN NIGERIA (2021)
In Nigeria, what’s the cost of obtaining an affidavit? How much will be charged to get this affidavit in an of the country’s courts?
The Lagos State judiciary imposed a fixed charge of ₦500 for affidavits issued by its courts. However, according to a news source, the Court of Appeal also costs ₦300 for affidavits. However, a deponent will pay ₦1000 at the end of the day as observed at places where one can get the affidavit done. Nonetheless, a motion supported by an affidavit with one deponent is subject to a charge of ₦550.00 each exhibit.
WHAT IS AN AFFIDAVIT AND HOW DOES IT WORK?
You might have been seeing or using affidavits before now. However, let’s know what these document really are, before going about the application process.
An affidavit is a written or printed document that voluntarily declares or states facts and is taken before a person authorized by law to give such an oath or confirmation. The oath verifies the facts of an affidavit.
The important facts about affidavits in Nigeria include: the original document must be filed with the court before an affidavit can be utilized in any Nigerian court for any purpose; In all circumstances where an affidavit is required, any affidavit sworn before a judge, official, or other authorized person can be utilized in court; Affidavits must be signed by a court judge, magistrate, or other officer with the authority to administer oaths.
TYPES OF AFFIDAVIT
Since affidavits are issue on different circumstances, there of several types contingent on the reason. The types of affidavits include:
- Affidavits for a name change – This is the form that is used to declare a name change.
- Statement of Age Affidavit which is used in lieu of a birth certificate.
- Affidavits that attest to excellent behavior
- Affidavits which are legal documents that state facts in support of a case in court. This is a sworn written deposition in support of a court case.
- Affidavits of facts (affidavits of fact): This is an affidavit used to bring facts to a court’s attention for approval.
- Affidavits that attest to the loss of documents or other valuables
- Affidavits that attest to the loss of important documents such as birth certificates, death certificates, stock certificates, driver’s licenses, vehicle information, and identity cards, among others.
WHO IS AUTHORIZED TO ISSUE AN AFFIDAVIT IN NIGERIA?
In Nigeria, there are authorized persons who can issue and swear affidavits.
The following is a list of people in Nigeria who are authorized to issue and swear affidavits:
- All of Nigeria Chief Justice
- Justices of Nigeria’s Supreme Court
- The President of the Court of Appeal and the Justices of the Court of Appeal
- Notaries Public Commissioners for Oaths who are court officials (court registrars) who are not less than grade 7 and are designated to administer oaths.
Affidavits used in court proceedings in Nigeria can be issued by the following categories of people at the state level:
- The Chief Judge of the High Court’s State Judges (of the state)
- Magistrates and Notaries Commissioners for Oaths in the Public Interest (Court officials)
On the whole, in all Nigerian states, the rules and procedures, as well as the authorized officials who can receive affidavits and oaths, are uniform.
WHAT MUST BE INCLUDED IN A COURT AFFIDAVIT
Affidavits issued by the court have security features. Although an affidavit lacks security protections and it is nearly impossible to confirm the validity of a document on the spot. For that reason, there are certain factors that may be checked on an affidavit to determine whether it is genuine or not.
The following will be included in an affidavit:
- The deponent’s signature must not miss out.
- The Commissioner for Oaths/Notary who swore the document’s signature
- The court’s/seal/stamp Notary’s
- On court-issued affidavits, each court has its unique rubber or plastic seal.
- The court’s seal will be affixed to the affidavit, and the Commissioner for Oaths will sign his name at the bottom.
- Affidavits signed by a Notary Public include the following:
- The notary who signed the affidavit’s stamp
- The name of the Notary Public Supreme Court enrolment number and a seal.
This article on how to get an affidavit in Nigeria has given you with information on how to obtain the document in any of the country’s legal institutions. This article also apprised you on who is authorized to swear an affidavit, and other affidavit requirements. The cost of affidavits in Nigeria was also expressed here.