Affidavit of Identity (Ghana)

An Affidavit of Identity in Ghana sets out facts attested under oath, giving them evidentiary weight in legal and administrative proceedings.

The Oaths Act 1972 (Act 418) provides the legal foundation for affidavits in Ghana. Section 1 of Act 418 confirms that oaths may be administered to any person required or permitted by law to make a sworn statement, with the oath binding on the deponent's conscience regardless of their religious affiliation. Section 4 of Act 418 allows a deponent to make an affirmation rather than an oath where they have a conscientious objection or no religious belief. The Commissioners for Oaths Act 1962 (Act 119) authorises solicitors enrolled with the Ghana Bar Association and other appointed officers to administer oaths for affidavits across Ghana.

Identity discrepancies arise commonly in Ghana due to variations in English transliteration of Akan, Ga, Ewe, Dagbani, Twi, and other local language names, inconsistencies in record-keeping between different government agencies, and errors made at the time of document issuance. The National Identification Authority (NIA) issues Ghana Cards to Ghanaian citizens under the National Identity Register Act 2008 (Act 750), which serve as the primary identity document. Where a Ghana Card shows a different name from a birth certificate issued by the Births and Deaths Registry Ghana, a driver's licence from the Driver and Vehicle Licensing Authority (DVLA), or an academic certificate from the Ghana Education Service, an Affidavit of Identity is the standard mechanism for reconciling the records.

An Affidavit of Identity in Ghana must be distinguished from an Affidavit of Name Change, which is used when a person has actually adopted a new name going forward rather than clarifying that two existing name records refer to the same person. Where the deponent has taken a new name — through marriage, customary naming, or personal choice — an Affidavit of Name Change is the appropriate document. Where the deponent has always been known by the same name but official records show different spellings or variations, an Affidavit of Identity is the correct instrument.

The Ghana Immigration Service (GIS) frequently requires an Affidavit of Identity when processing passport applications, visa applications, and immigration status documents where the name in the application does not exactly match the name in the supporting documents. Banks licensed by the Bank of Ghana and financial institutions regulated by the Securities and Exchange Commission (SEC) Ghana require Affidavits of Identity for Know Your Customer (KYC) compliance under the Anti-Money Laundering Act 2020 (Act 1044) and the Bank of Ghana's KYC guidelines. Foreign consulates and embassies in Accra also commonly require an Affidavit of Identity where a visa applicant's travel document shows a name different from their supporting documents.

An Affidavit of Identity in Ghana is required in the following circumstances where different documents show different name spellings or variations for the same person.

An Affidavit of Identity is needed when a Ghanaian citizen's Ghana Card issued by the National Identification Authority (NIA) shows a different spelling of their name from their birth certificate issued by the Births and Deaths Registry Ghana, and the discrepancy needs to be resolved for passport renewal or replacement applications at the Ghana Immigration Service (GIS).

An Affidavit of Identity is required when a bank or financial institution regulated by the Bank of Ghana asks a customer to confirm that the name in their account opening documents matches the name in a newly presented identity document, as part of ongoing KYC obligations under the Anti-Money Laundering Act 2020 (Act 1044).

An Affidavit of Identity is needed when submitting documents to a foreign embassy or consulate in Accra where the name on the Ghanaian passport differs from the name on educational qualifications, employment letters, or other supporting documents required for a visa application.

An Affidavit of Identity is required when a Ghanaian graduate applies for employment and the name on their academic certificate from the University of Ghana, Kwame Nkrumah University of Science and Technology (KNUST), University of Cape Coast, or another accredited institution differs from the name in their current national identity documents.

An Affidavit of Identity is needed when claiming a pension benefit from the Social Security and National Insurance Trust (SSNIT) or an NPRA-regulated pension fund where the contributor's SSNIT number was registered under a different name spelling from their current identity documents.

An Affidavit of Identity is required when administering the estate of a deceased person before the High Court (Probate Division) in Ghana, where the deceased's will or property title shows a name that differs from their death certificate issued by the Births and Deaths Registry Ghana.

An Affidavit of Identity is needed for property transactions at the Lands Commission, where a title holder's name in the land register differs from their current government-issued identity documents, to prevent the land transaction from being delayed or rejected.

A valid Affidavit of Identity in Ghana under the Oaths Act 1972 (Act 418) must contain the following essential elements.

Deponent's Primary Identity: The deponent's full current legal name as it appears in their most authoritative current identity document — typically the Ghana Card issued by the National Identification Authority (NIA) under the National Identity Register Act 2008 (Act 750) — along with their date of birth, nationality, occupation, and residential address.

Alternative Names or Variations: A clear and complete list of all alternative names, spellings, or variations appearing in other documents attributed to the deponent. Each variation should be listed separately with the name of the document in which it appears — for example, "Kofi Mensah Asante as appears in my birth certificate issued by the Births and Deaths Registry Ghana" and "K.M. Asante as appears in my academic transcript from the University of Ghana, Legon."

Statement of Identity: The core declaration that all the listed name variations refer to one and the same person — the deponent — and that the deponent has always been the same individual notwithstanding the differences in spelling or form. The deponent should confirm that they have not adopted a new name, but that the variations result from administrative or transliteration differences.

Explanation of Discrepancy: A brief explanation of the circumstances that gave rise to the name discrepancy — for example, variation in English spelling of a Twi or Ga name at the time of birth registration, a clerical error in a school registration form, an abbreviated form used in employment records, or a traditional name used alongside a Christian or English name.

Supporting Documents as Exhibits: Copies of the key identity documents showing the different name variations should be attached as numbered exhibits (e.g., "OA-1" for the Ghana Card, "OA-2" for the birth certificate, "OA-3" for the academic certificate), each initialled by the deponent and the Commissioner for Oaths, in accordance with standard affidavit procedure under the Oaths Act 1972 (Act 418).

Purpose of the Affidavit: A statement of the specific purpose for which the affidavit is being made — for example, "for the purpose of reconciling my identity records in connection with my passport renewal application at the Ghana Immigration Service" — to assist the receiving institution.

Jurat and Commissioner's Details: The completed jurat recording the date and place of swearing, signed by the Commissioner for Oaths or Justice of the Peace with their official stamp, confirming that the deponent appeared before them personally and swore or affirmed to the truth of the statement under the Oaths Act 1972 (Act 418) and the Commissioners for Oaths Act 1962 (Act 119). Forms-legal.com provides this Affidavit of Identity template as a starting point for identity reconciliation in Ghana.

Additional compliance elements for a Affidavit of Identity (Ghana) used in Ghana include: Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.