Statutory Declaration (Ghana)

A Statutory Declaration in Ghana is a formal written statement of facts made by a declarant who solemnly declares the truth of those facts before an authorised officer — typically a Commissioner for Oaths, a Notary Public, or a magistrate — without taking an oath. The Statutory Declaration (Ghana) is governed by the Oaths Act 1972 (Act 418), specifically section 9, which authorises any person to make a statutory declaration in lieu of an oath before any person lawfully authorised to administer oaths in Ghana.

Ghana's legal system, operating under the Constitution of Ghana 1992 and administered by courts established under the Courts Act 1993 (Act 459), recognises the Statutory Declaration as an alternative to a sworn affidavit in circumstances where the declarant has a conscientious objection to taking an oath, or where the relevant legislation or administrative authority accepts a statutory declaration as sufficient proof of a matter.

Commissioners for Oaths in Ghana are appointed under the Commissioners for Oaths Act 1964 (Act 232). A Commissioner for Oaths may administer oaths and take statutory declarations in connection with judicial proceedings and for any other purpose for which an oath or affirmation is required or permitted by law. Notaries Public are admitted under the Legal Professions Act 1960 (Act 32) and the Notaries Public Act 1964 (Act 248). Both are authorised to witness and authenticate Statutory Declarations made under section 9 of the Oaths Act 1972 (Act 418).

The Statutory Declaration differs from an affidavit in that it is not sworn on a holy book or affirmed in connection with specific court proceedings — rather, it is a solemn declaration before an authorised officer, carrying legal weight by virtue of the Oaths Act 1972 (Act 418). A Statutory Declaration made falsely is punishable under the Criminal Offences Act 1960 (Act 29), which creates the offence of making a false declaration.

Statutory Declarations are widely used in Ghana for administrative and civil purposes: name changes where the declarant has adopted a new name but the Births and Deaths Registry Act 2020 (Act 1027) certificate has not yet been updated; proof of identity or marital status for applications to the Passport Application Centre operated by the Department of Passports and Emergency Travel Documents; corrections to birth, marriage, or death certificates held by the Ghana Statistical Service; and confirmations required by financial institutions regulated by the Bank of Ghana (BoG) under the Banks and Specialised Deposit-Taking Institutions Act 2016 (Act 930).

The declarant must appear in person before the authorised officer, who verifies the declarant's identity, reads or explains the declaration to the declarant if necessary, and witnesses the declarant's signature or mark. The authorised officer then countersigns the declaration and affixes their official seal. The Ghana Bar Association (GBA) provides guidance to lawyers and Commissioners for Oaths on the proper execution of Statutory Declarations under the Oaths Act 1972 (Act 418).

The legal framework governing the Statutory Declaration (Ghana) in Ghana draws on several key statutes and regulatory bodies. 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. Parties executing a Statutory Declaration (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 in Ghana is needed whenever a person must confirm facts to an administrative body, financial institution, or government agency that accepts a solemn declaration as evidence of those facts, without requiring a sworn affidavit filed in court proceedings.

A Statutory Declaration is required for a name change declaration when a Ghanaian citizen or resident has adopted a new name and must notify the Passport Application Centre, the Ghana Revenue Authority (GRA), the Social Security and National Insurance Trust (SSNIT), the Registrar General's Department (RGD), or an employer. The declaration confirms the identity of the person under their former and new names.

A Statutory Declaration is needed to confirm marital status for applications to the Births and Deaths Registry, for foreign visa applications, or for documentation required by the Ghana Immigration Service Act 2016 (Act 929) in connection with a spouse or dependent's entry permit.

A Statutory Declaration is required when correcting an error in a birth, marriage, or death certificate issued by the Births and Deaths Registry under the Births and Deaths (Registration) Act 2020 (Act 1027), particularly where the name, date, or parentage as recorded differs from the correct details.

A Statutory Declaration is needed by a sole trader, partner, or director in connection with a bank account application or a KYC (Know Your Customer) process required under the Anti-Money Laundering Act 2008 (Act 749) for financial institutions regulated by the Bank of Ghana (BoG).

A Statutory Declaration is required for change-of-ownership documentation for a vehicle registered with the Driver and Vehicle Licensing Authority (DVLA) under the Road Traffic Act 2004 (Act 683), where the transfer documents are incomplete or a seller is unavailable to sign.

Declarants should confirm their Statutory Declaration accurately reflects the facts, as a false declaration is a criminal offence under the Criminal Offences Act 1960 (Act 29). The declaration must be executed before a duly authorised Commissioner for Oaths or Notary Public.

Parties in Ghana should prepare a Statutory Declaration (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 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. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

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

Title and Jurisdiction: The document must be headed "STATUTORY DECLARATION" and should identify the Republic of Ghana as the jurisdiction in which it is made. The declaration should reference section 9 of the Oaths Act 1972 (Act 418) as the legal authority.

Identification of the Declarant: Full legal name, date of birth, occupation, and residential address of the declarant. Where the declarant is a Ghanaian national, their Ghana Card number (National Identification Authority (NIA) biometric identity card number) or passport number should be stated. Where the declarant is a foreigner, the passport number and nationality should be stated.

Statement of Facts: A clear, numbered, and specific statement of the facts being declared. Each material fact should appear in a separate numbered paragraph. The language should be factual and precise — the declarant asserts only facts within their personal knowledge, not conclusions of law.

Solemn Declaration Formula: The declaration must include the statutory formula: "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 the provisions of the Oaths Act 1972 (Act 418)."

Exhibits: Where the declaration refers to documents — such as a birth certificate from the Births and Deaths Registry, a marriage certificate, a passport, a Ghana Card, or an academic certificate — those documents should be exhibited and marked with exhibit letters (e.g. "Exhibit A", "Exhibit B"). The authorised officer should initial each exhibit.

Signature or Mark of the Declarant: The declaration must be signed by the declarant in the presence of the authorised officer. Where the declarant is unable to sign, a thumbprint or mark may be used, provided the authorised officer certifies that the declarant was unable to sign.

Authorisation and Authentication: The Commissioner for Oaths or Notary Public must sign the jurat — the authentication clause at the foot of the declaration confirming that the declarant appeared before them, identified themselves, and made the declaration. The jurat must state the date and place of execution and the full name and official designation of the authorised officer.

Official Seal: The Commissioner for Oaths or Notary Public must affix their official seal to the completed declaration. Forms-legal.com provides this Statutory Declaration template for use in Ghana. The template follows the requirements of the Oaths Act 1972 (Act 418) and the Commissioners for Oaths Act 1964 (Act 232). Declarants should verify that the authorised officer before whom they execute the declaration holds a current appointment.

Additional compliance elements for a Statutory Declaration (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.