By Funmilayo Olagunju Esq
Affidavit is a voluntary declaration of facts written down and sworn to by the declarant before an officer authorized to administer oaths, such as a notary public.
It is not enough for a fact to be properly written; it must be sworn to before an authorized person; a notary public or the Affidavit Registry of the Court.
There is an Affidavit Registry in every Jurisdiction for the purpose of swearing Affidavits. A Legal Practitioner within your Jurisdiction can guide you to the nearest around you.
Affidavit is sworn by Lawyers in furtherance of Court cases and non Lawyers as the need arises. Affidavit of Change of name, Affidavit of loss, Affidavit of non prosecution are few examples of affidavits outside Court Litigation.
The habit of patronizing business centers around Court Premises for Affidavit is not safe. There is no credibility of the content and the seal.
The habit of writing affidavit by yourself without Legal knowledge or sourcing for precedent on/offline to copy is self destructive. Nothing similar is the same. The purpose of the affidavit might be destroyed if not properly done.
Whatsoever is worth doing ought to be properly done. Mutual signature doesn’t amount to proper affidavit especially in cases settled outside of Court.
Chief Darosa’s driver was driving along the highway. Unfortunately, a young girl ran into the vehicle and she died on the spot. Thanks to the prompt intervention of the Law enforcement agency, the driver was rescued from the angry mob.
The driver contacted his boss who came to plead and dialogue with the victim’s family. The family settled outside of Court after receiving the compensation of Five hundred thousand Naira from Chief Darosa.
Few weeks later, the victims family heard that Chief Darosa is a Billionaire and could afford hundred fold of what they’d requested. They started placing fresh demands weekly at the threat of Litigation.
Chief Darosa is now a victim of the victim’s family because he refused to engage a competent Legal Practitioner.
If is not a safe practice to settle outside of Court without proper Legal representation and documentation.
“And lead us not into temptation, but deliver us from the evil one” (Matthew 6:13)