Need a sworn statement for a legal or official process in Nigeria? An affidavit is a critical document you must get right. This guide provides a clear, step-by-step process on how to get an affidavit in Nigerian courts correctly.
The procedure is standardized nationwide, but costs and specific offices vary by state. We break down everything from drafting to swearing, using real Nigerian examples and current price ranges.
Requirements / What You Need
Before heading to the court or commissioner for oaths, ensure you have the following ready. Proper preparation saves you multiple trips and extra costs.
- A Drafted Affidavit Content: The full text of your statement, typed and printed. Most people draft this at a cyber café or legal document vendor near the court. Ensure it is clear, factual, and in English.
- Valid Means of Identification: Original and photocopy of your National ID (NIN Slip), International Passport, Driver’s Licence, or Voter’s Card. This is mandatory for verification.
- Applicant’s Information: Your full name, address, occupation, and phone number as they will appear on the affidavit.
- Court Fees: Have between ₦500 to ₦2,000 in cash, depending on the state and court registry. Fees for Commissioners for Oaths in private chambers can be higher, ranging from ₦2,000 to ₦5,000.
- A Witness (Sometimes): For certain affidavits (e.g., change of name, marriage), you may need a witness who also comes with a valid ID. Confirm this requirement beforehand.
A common mistake is going with a handwritten draft; most registries now insist on a typed document for clarity and official record-keeping.
Step-by-Step Process
Step 1: Draft Your Affidavit Content
First, clearly write out the facts you need to declare. Use simple, direct English. For consistency, type and print this at a trusted cyber café or legal document vendor, often found around court premises. They have templates for common affidavits like loss of item, change of name, or age declaration. Double-check all names, dates, and details for accuracy before printing; a single error means starting over.
Step 2: Locate the Appropriate Office
Go to the **High Court Registry** in your state’s capital or any **Judicial Division** in your local government area. Alternatively, you can visit the office of a private **Commissioner for Oaths** (a lawyer authorized to administer oaths). Courts are generally cheaper but may have longer queues. For speed, a Commissioner for Oaths is often faster but costs more.
Step 3: Submit for Vetting and Payment
Present your typed draft and original ID at the registry or lawyer’s office. A court official or the lawyer will **vet the document** to ensure it complies with legal requirements. They will then tell you the exact fee to pay. At the court, you will get an official payment slip (tellert) to pay at the designated bank within the court complex or a nearby bank. After payment, return with the bank teller receipt to the registry. This step is where delays happen if the bank network is down, so go early.
Step 4: Swear the Oath and Sign
Once payment is confirmed, you will be called before the **Magistrate, Judge, or Commissioner for Oaths**. You will be given a Bible or Quran (depending on your faith) to hold. You will read the affidavit aloud or affirm that its contents are true. This is the **swearing ceremony**. After this, you sign (or thumbprint) the document in their presence.
Step 5: Get it Stamped and Sealed
The official will then **stamp, seal, and sign** the affidavit. The court’s official stamp and the judge’s or commissioner’s signature are what make it legally binding. Ensure the stamp is clear and all pages are signed. Collect your original ID and your copies of the sworn affidavit. You now have a valid affidavit for use.
Alternative Methods
While the High Court is the standard, Nigerians have other legitimate avenues to swear an affidavit, often faster or more convenient depending on your location and need.
The most common alternative is using a Commissioner for Oaths. This is typically a senior lawyer in private practice who is licensed by the Chief Judge of a state to administer oaths. Their offices are widespread in cities like Lagos, Abuja, and Port Harcourt. This method is better when you need speed and convenience, as appointments can be made and queues are shorter, though fees are higher (₦2,000 – ₦7,000).
For specific purposes, some institutions have in-house authorization. For example, many Nigerian universities have a designated Commissioner for Oaths on campus to handle student affidavits. Also, some Notary Publics (a higher class of legal officers) can prepare and swear affidavits, which is essential for documents meant for use outside Nigeria. Always verify the accepting institution (like the Nigerian Immigration Service) recognizes the authority who stamped your document.
Common Problems and Solutions
Problem: Bank Network Failure or “Teller Issues” at Court
You’ve been given a payment slip, but the designated bank branch within the court complex has network issues, or their POS is not working. This is a frequent cause of day-long delays, especially on Fridays or month-ends.
Solution: Go to the court registry as early as possible, ideally before 10 AM, to complete the payment step when systems are more stable. Always ask if you can pay at an alternative bank branch listed on the teller and return with the receipt. Some state judiciaries now have state-specific payment portals (like the Lagos State e-payment platform); inquire if you can pay online beforehand and print your receipt.
Problem: Affidavit Rejected for Incorrect Drafting
Your drafted content is returned because it contains hearsay, opinions (“I think…”), or irrelevant information. Some registries also reject affidavits not typed on standard stamp paper or with unclear phrasing.
Solution: Use the standard templates provided by the legal document vendors right outside the court. They are familiar with the registry’s requirements. Stick to factual statements (“I lost my certificate on June 3rd”) and avoid legal conclusions. For complex matters like land disputes, consult a lawyer to draft it properly before taking it to swear.
Problem: Long Queues and “Man Know Man” Syndrome
The registry is overcrowded, and the process seems to move faster for those who know the clerks or use intermediaries (touts), leaving others waiting indefinitely.
Solution: Patience is key, but you can bypass the main court registry queue by using a Commissioner for Oaths as an alternative. If you must use the court, go on Tuesday, Wednesday, or Thursday, as Mondays and Fridays are typically the busiest. Have all your documents perfectly ready to avoid being sent to the back of the line for corrections.
Fees, Costs and Timeline
The total cost of getting an affidavit in Nigeria has two parts: the official government fee and service charges. The official fee at state High Courts is relatively fixed, typically between ₦500 and ₦2,000, depending on your state. Lagos State courts, for instance, often charge around ₦1,000 for a standard affidavit.
However, you will likely pay more. Drafting and printing at a cyber café costs ₦300 to ₦500. If you use a Commissioner for Oaths in their private chamber, their professional fee ranges from ₦2,000 to ₦7,000. Be wary of agents or touts around court premises who inflate these prices; always confirm fees directly at the registry counter first.
For timeline, if you start early (by 9 AM) and systems are working, getting an affidavit at the court can be a same-day process, taking 2-4 hours. Using a Commissioner for Oaths can reduce this to under an hour. Complex affidavits or institutional delays can push it to 24-48 hours.
Warnings and Scams to Avoid
Navigating the affidavit process requires caution to avoid exploitation and invalid documents. Here are key pitfalls to watch for:
- Avoid “Agents” and Touts at Court Gates: Individuals offering to “help you fast-track” the process for a hefty fee (e.g., ₦5,000 for a ₦1,000 service) are common. They often overpromise and underdeliver. Always proceed directly to the official court registry or a verified lawyer’s office.
- Beware of Fake Online Portals and WhatsApp Scams: There is no single, national online portal to swear an affidavit remotely. Ignore websites or WhatsApp messages claiming you can pay and receive a sworn affidavit via email; these are scams. Only use official state judiciary e-payment platforms if and only if the court registry explicitly directs you to one.
- Verify Commissioners for Oaths: When using a private lawyer, ensure they are a legitimate Commissioner by checking their seal and asking for their enrollment number with the Nigerian Bar Association (NBA). A valid affidavit must have an official stamp, not just a lawyer’s letterhead.
Acceptance, Use and Next Steps
A properly sworn affidavit from a Nigerian High Court or Commissioner for Oaths is a legally binding document accepted by most institutions within Nigeria. You can use it for processes like NIN correction with the NIMC, passport applications with the Immigration Service, bank account updates, university admissions, and court proceedings.
Your immediate next step is to make several clear photocopies. Submit the photocopies to the requesting institution and keep the original stamped affidavit in a safe place, as you may need it for future verifications. Some agencies, like the Corporate Affairs Commission (CAC), may require you to submit the original.
It is crucial to understand its limitations. An affidavit is a sworn statement of fact, not proof of the fact itself. For instance, an age declaration affidavit may be accepted for a driver’s licence, but for an international process, you may later need to upgrade it to a sworn affidavit deposed before a Notary Public. Always confirm the specific document tier required by the institution you are dealing with.
Frequently Asked Questions
Can I get an affidavit online in Nigeria?
No, you cannot get a fully sworn affidavit entirely online in Nigeria. While some state judiciaries have online portals for payment of fees (e.g., Lagos State Judiciary e-payment), the critical step of swearing the oath before an authorized official must be done physically. Be cautious of websites offering fully digital affidavits; they are not legally recognized.
How long is an affidavit valid for in Nigeria?
An affidavit does not have a formal expiration date. It is considered a permanent sworn statement of facts as at the date it was deposed. However, institutions may reject very old affidavits (e.g., over 5 years) if they suspect the facts may have changed. For ongoing processes, it’s best to obtain a recent one.
What is the difference between a Commissioner for Oaths and a Notary Public?
Both can administer oaths, but their authority differs. A Commissioner for Oaths handles domestic affidavits for use within Nigeria. A Notary Public is a higher-ranking lawyer who can notarize documents for international use. If your document is going abroad (e.g., for a foreign embassy), you will likely need a Notary Public.
Can I write an affidavit by hand?
It is strongly discouraged and often rejected. Most court registries and Commissioners for Oaths require the affidavit to be typed and printed on plain A4 paper or stamp paper for clarity and official filing. Handwritten documents are prone to errors and may not be accepted for formal processes.
What if I make a mistake after swearing the affidavit?
You cannot alter or correct a sworn affidavit. Any mistake, even a typo, renders the document invalid. You must create and swear a new affidavit with the correct information, often titled “Affidavit of Correction” or “Supplementary Affidavit.” You will need to pay the full fee again.
Is an affidavit from a police station acceptable?
No, a police report or stamp is not a substitute for a court-sworn affidavit. While the police can issue a report for lost items, an affidavit is a distinct legal document sworn before a judicial officer or Commissioner for Oaths. Most official institutions will specifically request the court affidavit, not a police document.
Disclaimer
This guide is for informational purposes to explain general procedures for obtaining an affidavit in Nigeria. Laws, fees, and specific requirements can vary by state and are subject to change. This content does not constitute legal advice. For complex personal matters or definitive legal guidance, you should consult a qualified legal practitioner licensed by the Nigerian Bar Association or contact the registry of your state’s High Court directly.