By Bamidele Kolawole

Affidavit is a Legal Document that could form part of Court process or stand on its own. Affidavit is strictly provided for and guidelines as to its content regulated by the Evidence Act, as well as the Oath Laws. According to Sections 114 & 117 of the Evidence Act 2011(As Amended), Affidavit must start out with the; Heading of the Court, the name, sex, occupation, address, nationality and other relevant information about the deponent as the case may require.

Affidavit is the sworn testimony which contains facts and nothing but facts. In other words, it is testimonies sworn to a judge, officer and other person duly authorized to take affidavit. See Section 109 of the Evidence Act, 2011 (as amended).

An affidavit as a matter of law must be sworn to, as an unsworn affidavit is an ordinary paper. In ADEGBOLA v. OSIYI & ORS (2017) LPELR-42471(SC), the Apex Court held that “an unsworn and unsigned affidavit is worthless.

In the absence of the swearing by the deponent, therefore, the declaration will not be as worthy as the paper on which it is made. The person before whom the oath is subscribed must so endorse on the affidavit by indicating, in addition to the official stamp, his name”. See Maraya Plastic Industries Ltd v.

Inland Bank of Nigeria Plc (2002) FWLR (Pt.120) 1732 at 1737, Oparugo v. Oparugo (2008) 5 NWLR (Pt.1087) 574, Amigo v. Nwoke (2010) 1 NWLR (Pt.1176) 600 and Onujabe v. Idris (2012) (Pt.1284) 285.” Per MUSA DATTIJO MUHAMMAD, JSC (Pp 9 – 11 Paras C – A). The above is a general rule and there are exceptions provided for in section 120 (1) and (2) of the Evidence Act.

Thus an affidavit may not be sworn to on: Religious grounds or Age of the person – immaturity. This must be indicated by the officer taking the oath.

Format of an affidavit

Heading of the court

Suit number

Parties and their capacity.

Title – Affidavit in support of motion

The particulars of deponent

The facts stated therein, well numbered in paragraphs Signature of the deponent

Attestation of the fact that it was sworn to, where it was sworn to Date

Signature of commissioner for oath or particulars of person administering the oath.

Content of an affidavit –See section 115 of Evidence Act. By virtue of this section, the following are what an affidavit should contain; (a) Statements of facts, (b) The source of statement of facts which could be personal knowledge or otherwise. (c) An affidavit is not to contain extraneous matter by way of objection, prayer, legal argument or conclusion, (d) When fact is from another person, the particulars of the person shall be stated and the time, place and circumstances of the information shall also be stated.

Generally, an affidavit is meant to state the material facts and allows the court to draw the conclusion. See ESENE & ORS v. SPEAKER EDO STATE HOUSE OF ASSEMBLY & ORS (2012) LPELR-19775 (CA).

Equally, where an illiterate or a blind person depose to an affidavit, the fact that such person is an illiterate shall be stated there and there must be a JURAT. See Section 119(1) Evidence Act. Also, the language in which the affidavit was deposed should be attached to that translated into the language of the court English language.

Also, a legal practitioner handling the action on behalf of a client can depose to an affidavit as no law provides otherwise, although it is not advisable.

For instance, where there are an affidavit and a counter-affidavit which are held to be contradictory, there would be need for the court to call oral evidence and a legal practitioner who depose may be called as a witness, problem would arise as to who will examine and re-examine. Thus it is not advisable for lawyers handling the matter to depose to such affidavit. See UKPABIO ANOR v. NFVCB (2008) LPELR-4129(CA).

An affidavit may be defective. A defective affidavit is an affidavit that does not comply as to format and content of an affidavit. See Section of 113 EA. The question is, can a defective affidavit be used in the court? A defective affidavit can still be admitted by the court provided that the affidavit was administered by the relevant authority. See Section 114 of EA provides that a defective or erroneous affidavit may be amended and re-sworn with the leave of court on such terms as to time, costs, or otherwise as seen reasonable.

Where there are fresh facts or additional facts which need to be before the court, a further and better affidavit can be filed in addition to the one already filed in court.

Also, it can be used to introduce new documents. There is also further and further and better affidavit.

A counter affidavit is an affidavit deposed to by the respondent challenging or countering the facts deposed to by the applicant. A Counter-affidavit is important when the respondent intends to contradict the affidavit of the applicant and if it is not filed it would be deemed that the respondent has admitted the facts in applicant’s affidavit.

There are however instances when there would be no need to file a counter-affidavit although it is necessary in practice. There instances where there are conflicts in affidavits. See Section 116 EA, the court may call oral evidence or resolve it with the documentary evidence attached to the affidavits. See EIMSKIP LTD v. EXQUISITE INDUSTRIES NIG LTD (2003) LPELR-1058(SC).

Affidavit is needed in the following applications; Originating motion/application, summons, petition excluding election petition.

In all interlocutory applications whose grounds are on facts

In the commencement of claim under the undefended last procedure

Where the court orders it.

Types of affidavit includes

Affidavit in support of application

Affidavit of urgency

Affidavit of service

Counter-affidavit

Further and better affidavit

Further, further and better affidavit

Affidavit for the record.

Let me conclude with a general statement of the law that while both an affidavit and a written statement of a witness are to be sworn before a Commissioner for Oaths or a Notary Public, in law they are neither synonymous nor interchangeable.

Simply put, an affidavit is not the same as a written statement on oath, which is much more than an affidavit and does not necessarily or strictly need to be in compliance with the provisions of the Evidence Act 2011 relating to Affidavit. ABUBAKAR v. ALI & ORS (2015) LPELR-40359(CA).

Obada Toyosi Charles Esq

According to Section 115 of the Nigerian Evidence Act, 2011, the contents of an affidavit are restricted to:

1. A statement of facts and circumstances to which the witness deposes, either from their own personal knowledge or information they believe to be true.

2. The affidavit must not contain extraneous matter such as objections, prayers, legal arguments or conclusions.

3. If the witness’ belief in any matter of fact is derived from a source other than their personal knowledge, they must explicitly set forth the facts and circumstances forming the ground of their belief.

4. If the belief is derived from information received from another person, the name of the informant must be stated along with reasonable particulars about them, the time, place and circumstances of the information.

The Act emphasizes that an affidavit should only contain statements of facts, not law. Affidavits that include legal arguments, conclusions or other extraneous matter are liable to be struck out for offending Section 115(2).

An affidavit, within the context of the Evidence Act, 2011 (as amended) of the Federal Republic of Nigeria, is a written statement confirmed by oath or affirmation, used as evidence in court. The following are the typical contents of an affidavit as stipulated by the Evidence Act:

1. *Title*: The affidavit should have a title indicating the court and the case it is related to. It includes the names of the parties involved in the case.

2. *Commencement*: The affidavit starts with a declaration by the deponent (the person making the affidavit), stating their full name, address, occupation, and, where relevant, relationship to the case or parties involved.

3. *Statement of Facts*: This is the main body of the affidavit where the deponent states the facts they are attesting to. These facts should be presented clearly and concisely, and be based on the deponent’s personal knowledge or information believed to be true. Each fact is usually stated in separate, numbered paragraphs for clarity.

4. *Verification of Belief*: If the affidavit contains statements based on the deponent’s belief, rather than direct knowledge, this must be explicitly stated. The deponent must explain the basis for such belief, especially if it involves information provided by other people.

5. *Signature*: The affidavit must be signed by the deponent. If the deponent is illiterate or unable to write, their mark can be used, provided it is properly witnessed and certified.

6. *Oath or Affirmation*: The deponent must swear or affirm that the contents of the affidavit are true. This oath or affirmation is usually administered by a Commissioner for Oaths, Notary Public, or other authorized official.

7. *Jurat*: The jurat is a clause at the end of the affidavit that includes details of where, when, and before whom the affidavit was sworn or affirmed. It is typically completed and signed by the official who administered the oath or affirmation.

8. *Exhibits*: If there are any documents referred to in the affidavit, they should be attached and clearly marked as exhibits. Each exhibit should be identified and referenced in the body of the affidavit.

*Additional Requirements as per the Evidence Act*:

– *Language*: If the affidavit is not in English, it must be accompanied by a translation.

– *Format*: The affidavit should be typed or written in a clear and legible manner.

– *Content Limitations*: Affidavits should not contain extraneous material or legal arguments; they should strictly present facts and evidence relevant to the case.

These elements ensure that an affidavit is a reliable and admissible piece of evidence in legal proceedings, as per the standards set by the Evidence Act, 2011.

Olabanjo Ayenakin Esq

Content of an affidavit in line with the evidence act

An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. Under the Nigerian Evidence Act (2011), an affidavit must conform to certain requirements:

1. Jurat: The affidavit must contain a jurat, which is the oath or affirmation administered by a authorized person (e.g. a notary public or commissioner for oaths).

2. Deponent’s details: The affidavit must state the deponent’s (the person making the affidavit) name, address, and occupation.

3.  Clear and concise language: The affidavit must be written in clear and concise language, avoiding ambiguity.

4. Facts only: The affidavit must only contain statements of fact, not opinions or arguments.

5.  Personal knowledge: The deponent must have personal knowledge of the facts stated, or reasonably believe them to be true based on information and belief.

6. No hearsay: The affidavit must not contain hearsay evidence (statements made by someone else).

7. Signature and date: The affidavit must be signed and dated by the deponent.

8. Verification: The affidavit must be verified by the deponent, confirming that the contents are true.

The Nigerian Evidence Act also provides for specific types of affidavits, such as:

– Affidavit of service: Used to prove service of a document.

– Affidavit of facts: Used to prove specific facts.

– Affidavit of identity: Used to establish identity.

It’s important to note that an affidavit is considered prima facie evidence, meaning it is accepted as evidence unless rebutted or contradicted by other evidence.

Here is a Nigerian case law that supports the position on the contents of an affidavit in Nigeria:

– HON. BAYO ADEGBO v HON. GODWIN OSIYI (SC. 532/2015) [2017] NGSC 16 (1 June 2017): The Supreme Court held that for an affidavit to be considered valid, it must be sworn to and signed or marked by the deponent before an authorized person. The authorized person must also endorse the affidavit by indicating their name and official stamp. In the absence of these requirements, the affidavit is considered worthless.

Affidavit is a Legal Document that could form part of Court process or stand on its own. Affidavit is strictly provided for and guidelines as to it’s content regulated by the Evidence Act, as well as the Oath Laws. According to Sections 114 & 117 of the Evidence Act 2011(As Amended), Affidavit must start out with the; Heading of the Court, the Name, sex, occupation, address, Nationality and other relevant information about the Deponent as the case may require.

The Subject Matter of the Affidavit, as Heading. The circumstance and the fact as known by the Deponent or, as told the Deponent, in which case, the name of the informant must be state along with reason for believing the information.

Specifically by Section 114 of the Evidence Act, an Affidavit must Contain Facts only, no Arguments, no Law, or any other extraneous matters. An Affidavit usually closes with the signature of the Deponent, the Court registry and the signature of the Commissioner of Oath.

It must be noted that any Affidavit that forms part of a Court Process must bear the Suit Number of that very case and the Date of entering the Affidavit. An Affidavit, is an avenue through which the Deponent tells his Story in an annotated way such that anybody who reads it, will understand without any form of assistance.

Any Affidavit for Declaration other than being part of Court Process, need not carry any number than the Date it was made.

For an Affidavit to be valid and/or competent in law, it must conform with the laid down rules for drafting as enshrined in the Evidence Act, 2011.

In this light, Section 115 of the Evidence Act, 2011 provides for contents of an affidavit.

First and foremost, an affidavit shall contain only a statement of facts and circumstances to which the witness deposes, either of his personal knowledge or from the information which he believes to be true.

The Evidence Act, however, prohibits the incorporation of extraneous matter, by way of objection, prayer or legal argument or conclusion.

An affidavit shall contain facts and grounds forming the ground of a belief where such information is derived from other source.

Furthermore, the law provides that name of informants and other reasonable particulars regarding the time, place and circumstance of the information. See Section 115 (4) of the Evidence Act, 2011.

In a related development, Section 117 of the Evidence Act, 2011 states that; every affidavit taken in a court or matter shall be: (a) headed in the court and in the cause or matter (b) state the full name, trade or profession, residence, and national of the deponent; (c) be in the first person, and divided into convenient paragraphs numbered consecutively.