Statutory Declaration (Government Use) — Ghana

A Statutory Declaration (Government Use) in Ghana sets out facts attested under oath, giving them evidentiary weight in legal and administrative proceedings.

Government agencies in Ghana regularly require Statutory Declarations as supporting evidence for administrative decisions under a wide range of enabling statutes. The Registrar General's Department (RGD) requires declarations in connection with business name registration under the Business Names Act 1961 (Act 151) and company registration under the Companies Act 2019 (Act 992). The Lands Commission — established under the Lands Commission Act 2008 (Act 767) — requires declarations in connection with land searches, consent to transfer, and rectification of land registers maintained under the Land Registration Act 2020 (Act 1036). The Ghana Revenue Authority (GRA) requires declarations in connection with tax registration, amendments to Taxpayer Identification Number (TIN) records, and estates administration under the Administration of Estates Act 1961 (Act 63).

The Ghana Immigration Service Act 2016 (Act 929) authorises the Ghana Immigration Service to require declaratory evidence from applicants for residence permits, work permits, and entry certificates. The Births and Deaths Registry, operating under the Births and Deaths (Registration) Act 2020 (Act 1027) and the Ghana Statistical Service Act 2019 (Act 1003), requires declarations for corrections to birth, marriage, and death records.

A Statutory Declaration (Government Use) must be made before a Commissioner for Oaths appointed under the Commissioners for Oaths Act 1964 (Act 232), a Notary Public admitted under the Notaries Public Act 1964 (Act 248), or any other officer lawfully authorised to administer oaths in Ghana. The Ministry of Justice and Attorney-General's Department oversees the administration of oaths and declarations in Ghana and publishes guidelines on the execution of statutory declarations for government purposes.

Falsely making a Statutory Declaration for government purposes is a criminal offence under the Criminal Offences Act 1960 (Act 29) and may constitute fraud under the same Act. Government agencies that discover a false declaration may refer the matter to the Ghana Police Service and the Office of the Attorney-General for prosecution.

The legal framework governing the Statutory Declaration (Government Use) — Ghana in Ghana draws on several key statutes and regulatory bodies. Under Ghanaian law, the Constitution of the Republic of Ghana 1992 is the supreme law. The Courts Act 1993 (Act 459) governs court procedures. The Ghana Revenue Authority (GRA) administers tax under the Income Tax Act 2015 (Act 896). The High Court of Ghana has unlimited original jurisdiction under Article 140 of the Constitution. The Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. Parties executing a Statutory Declaration (Government Use) — Ghana in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Oaths Act 1972 (Act 418) sets the foundational requirements.

A Statutory Declaration (Government Use) in Ghana is required whenever a government agency, ministry, department, or statutory body demands a formal solemn declaration from an applicant or registrant in support of a public administrative process.

A Statutory Declaration (Government Use) is required by the Registrar General's Department (RGD) when amending or correcting the registered particulars of a company incorporated under the Companies Act 2019 (Act 992), including changes to the registered office, directors, or shareholders recorded in the Companies Register.

A Statutory Declaration (Government Use) is needed for applications to the Lands Commission under the Lands Commission Act 2008 (Act 767) — for example, declarations confirming ownership, inheritance, or the absence of an encumbrance on land registered under the Land Registration Act 2020 (Act 1036).

A Statutory Declaration (Government Use) is required by the Ghana Revenue Authority (GRA) when a taxpayer seeks to amend their Tax Identification Number (TIN) records, resolve a discrepancy in their tax file, or establish a right to an exemption under the Income Tax Act 2015 (Act 896) or the Customs Act 2015 (Act 891).

A Statutory Declaration (Government Use) is needed for applications to the Ghana Immigration Service under the Ghana Immigration Service Act 2016 (Act 929) — including applications for a residence permit, a work permit, or an entry visa for a family member — where the applicant must declare their marital status, employment status, or financial means.

A Statutory Declaration (Government Use) is required for corrections to certificates issued by the Births and Deaths Registry under the Births and Deaths (Registration) Act 2020 (Act 1027), such as errors in the name, date of birth, or parentage of a registered person.

A Statutory Declaration (Government Use) is needed in connection with Social Security and National Insurance Trust (SSNIT) benefit claims under the National Pensions Act 2008 (Act 766), including declarations of dependency or survivorship for pension or invalidity benefit applications. Declarants must confirm all facts stated are accurate, as a false declaration submitted to a government agency constitutes a criminal offence under the Criminal Offences Act 1960 (Act 29).

Parties in Ghana should prepare a Statutory Declaration (Government Use) — Ghana proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Ghanaian law, the Constitution of the Republic of Ghana 1992 is the supreme law. The Courts Act 1993 (Act 459) governs court procedures. The Ghana Revenue Authority (GRA) administers tax under the Income Tax Act 2015 (Act 896). The High Court of Ghana has unlimited original jurisdiction under Article 140 of the Constitution. The Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A properly executed Statutory Declaration (Government Use) in Ghana under the Oaths Act 1972 (Act 418) section 9 must contain the following elements.

Government Agency Reference: The full name of the government ministry, department, or agency to which the declaration is addressed — for example, "The Registrar General's Department, Republic of Ghana" or "The Ghana Revenue Authority" — together with any application reference number, file number, or TIN assigned by that agency.

Declarant Identification: Full legal name, date of birth, occupation, residential address, and identification number of the declarant. For Ghanaian nationals, the Ghana Card number issued by the National Identification Authority (NIA) is the preferred identifier. For non-citizens, the passport number, nationality, and permit number should be stated.

Subject Matter of Declaration: A clear statement of the purpose for which the declaration is made — for example, "for the purpose of amending the Taxpayer Identification Number (TIN) record of [name] held by the Ghana Revenue Authority" or "for the purpose of an application for a residence permit under the Ghana Immigration Service Act 2016 (Act 929)".

Factual Statements: Numbered paragraphs setting out each fact being declared. Facts must be within the declarant's personal knowledge. Legal conclusions must not be included. Each paragraph should address a distinct fact — for example, identity, relationship, ownership, or status.

Statutory Authority Reference: The declaration should expressly reference section 9 of the Oaths Act 1972 (Act 418) as the authority under which the declaration is made. This confirms the declaration's legal basis for the receiving government agency.

Solemn Declaration Formula: The prescribed formula required under the Oaths Act 1972 (Act 418): "I, [full name], do solemnly and sincerely declare that the contents of this declaration are true and correct to the best of my knowledge and belief, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of section 9 of the Oaths Act 1972 (Act 418)."

Exhibits: Documents attached to the declaration should be itemised, marked with exhibit letters, and initialled by the authorised officer. Common exhibits include a Ghana Card, passport, birth certificate, marriage certificate, land title certificate, or letter of administration.

Jurat and Official Seal: The Commissioner for Oaths or Notary Public must complete the jurat, stating the date and place of execution and their full name and official designation, and must affix their official seal. Forms-legal.com provides this Statutory Declaration (Government Use) template for Ghana administrative proceedings. The template follows the Oaths Act 1972 (Act 418) and the Commissioners for Oaths Act 1964 (Act 232). Applicants should confirm the specific requirements of the government agency before submission, as individual agencies may have additional prescribed forms.

Additional compliance elements for a Statutory Declaration (Government Use) — Ghana used in Ghana include: Under Ghanaian law, the Constitution of the Republic of Ghana 1992 is the supreme law. The Courts Act 1993 (Act 459) governs court procedures. The Ghana Revenue Authority (GRA) administers tax under the Income Tax Act 2015 (Act 896). The High Court of Ghana has unlimited original jurisdiction under Article 140 of the Constitution. The Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.