Sworn Statement (Ghana)

A Sworn Statement in Ghana records a sworn statement of fact that the deponent affirms to be true before an authorised official.

The Oaths Act 1972 (Act 418) authorises the following persons to administer oaths and take sworn statements in Ghana: Justices of the Supreme Court, Justices of the Court of Appeal, Judges of the High Court, Circuit Court Judges, District Magistrates, Commissioners for Oaths appointed under the Oaths Act, notaries public appointed under the Notaries Public Act, and any other person authorised by law to administer oaths for a specific purpose. The Ghana Bar Association maintains a register of practising solicitors, many of whom are also Commissioners for Oaths. Oaths may be administered in the name of God (for Christians and Muslims), by any other lawful oath form recognised by the deponent's religion, or by solemn affirmation for those who have a conscientious objection to swearing an oath.

The Evidence Act 1975 (NRCD 323) governs the admissibility and weight of evidence before the courts of Ghana, including the High Court (Commercial Division) in Accra, the Circuit Court, and the District Court. A Sworn Statement that complies with the Oaths Act 1972 (Act 418) constitutes sworn evidence admissible under NRCD 323. Where a Sworn Statement contains a false declaration, the deponent may be prosecuted for perjury under the Criminal Offences Act 1960 (Act 29) or for making a false statutory declaration.

A Sworn Statement is closely related to but distinct from an affidavit in Ghana. An affidavit is a sworn written statement used specifically in court proceedings and is governed by the High Court (Civil Procedure) Rules 2004 (CI 47). A Sworn Statement has broader application outside formal litigation — including applications to government agencies, banks, immigration authorities, and overseas institutions — while an affidavit is more specifically a court document. Both require the deponent's signature, the administering officer's signature, and their official seal or stamp.

The Electronic Transactions Act 2008 (Act 772) recognises electronic signatures for most commercial transactions in Ghana, but Sworn Statements intended for use before the courts or government agencies in Ghana typically require a wet-ink signature and the official stamp of the Commissioner for Oaths or notary public. The National Identification Authority (NIA) issues the Ghana Card (national identity document) bearing a unique identification number, which is the primary identity document for Ghanaian citizens and legal residents and should be cited in Sworn Statements to identify the deponent.

The legal framework governing the Sworn Statement (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 Sworn Statement (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 Sworn Statement in Ghana is needed whenever an individual must declare facts under oath for legal, administrative, financial, or immigration purposes, and a simple unsworn letter or declaration is insufficient.

A Sworn Statement is required when a Ghanaian citizen or resident applies to a government ministry, department, or agency — such as the Ghana Immigration Service, the Passport Office, the Births and Deaths Registry, or the Electoral Commission of Ghana — for a document or benefit that requires confirmation of a fact that cannot be verified from official records, such as date of birth, marital status, or change of name.

A Sworn Statement is needed when a beneficiary or administrator of an estate seeks to claim assets from a Ghanaian bank, the Social Security and National Insurance Trust (SSNIT), or the Securities and Exchange Commission (SEC Ghana) following the death of an account holder or investor, and must declare the identity of the deceased, the legal entitlement of the claimant, and the absence of a probated will or letters of administration.

A Sworn Statement is required when a Ghanaian citizen applying for a visa, residency permit, or citizenship in a foreign country must provide a sworn confirmation of facts — such as employment history, marital status, or criminal record — to a foreign embassy or consulate in Accra.

A Sworn Statement is needed when a party to a commercial dispute, property transaction, or family law matter requires a written factual declaration for use in proceedings before the High Court (Commercial Division) or Family Court in Accra, the Court of Appeal, or the Supreme Court of Ghana.

A Sworn Statement is required when an individual needs to declare facts relating to a land transaction or property registration before the Lands Commission under the Lands Act 2020 (Act 1036), for example to confirm the identity of a grantor, the circumstances of a customary land grant, or the absence of competing claims to title.

Parties in Ghana should prepare a Sworn Statement (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 Sworn Statement in Ghana under the Oaths Act 1972 (Act 418) and the Evidence Act 1975 (NRCD 323) must contain the following essential elements.

Deponent's Identity: Full legal name of the deponent (the person making the sworn statement), date of birth, nationality, occupation, and residential address. The Ghana Card number issued by the National Identification Authority (NIA) should be cited as the primary identification reference. Where the deponent is a non-citizen, their passport number and immigration status should be stated.

Capacity: A statement confirming that the deponent is of full legal capacity, is above 18 years of age, and is not under any legal disability that would affect the validity of the sworn statement.

Introductory Clause: A formal introductory clause stating that the deponent makes the sworn statement of their own free will, without coercion, duress, or undue influence, and that the contents are true to the best of the deponent's knowledge, information, and belief.

Statement of Facts: A clear, numbered, and structured account of the facts the deponent is declaring — for example, facts relating to identity, ownership of property, family relationships, employment history, or the circumstances of a specific event. Each paragraph should address a single distinct fact or closely related group of facts. The statement of facts must be within the personal knowledge of the deponent or clearly attributed to information received from a named source.

Purpose: A statement identifying the purpose for which the Sworn Statement is made — for example, for submission to the Births and Deaths Registry, for use in proceedings before the High Court (Land Division) in Accra, or for submission to the Ghana Immigration Service.

Declaration of Truth: A closing declaration that the contents of the Sworn Statement are true and correct to the best of the deponent's knowledge and belief, and that the deponent makes the statement knowing that it may be used in legal proceedings or administrative processes and that making a false statement is a criminal offence under the Criminal Offences Act 1960 (Act 29).

Oath or Affirmation: The form of oath or affirmation administered by the Commissioner for Oaths, notary public, or other authorised officer. The Oaths Act 1972 (Act 418) provides the prescribed forms. The deponent must swear or affirm in the presence of the administering officer.

Deponent's Signature: The deponent must sign the Sworn Statement in the presence of the Commissioner for Oaths or other authorised officer at the time of swearing. An unsigned Sworn Statement is not valid.

Commissioner's Authentication: The full name, official designation, official stamp or seal, and signature of the Commissioner for Oaths, notary public, or other authorised officer who administered the oath. The date and place of swearing must be stated. The commissioner confirms that the deponent personally appeared before them and was identified.

Exhibits: Where the Sworn Statement refers to supporting documents — for example, a birth certificate, death certificate, marriage certificate, or land title certificate — those documents should be exhibited to the statement and identified by exhibit reference letters (e.g. Exhibit A, Exhibit B).

Forms-legal.com provides this Sworn Statement template as a starting point for individuals in Ghana. For Sworn Statements intended for use in court proceedings, complex property transactions, or overseas submissions, parties should seek assistance from a solicitor enrolled with the Ghana Bar Association.