Affidavit of Bachelorhood (Nigeria)

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

The Affidavit of Bachelorhood derives its legal significance from the Marriage Act Cap M6 LFN 2004, which is the primary federal statute governing statutory monogamous marriages in Nigeria. Under Section 35 of the Marriage Act, a person who knowingly marries another person while already in a valid statutory marriage commits the offence of bigamy, punishable by imprisonment of up to five years. The Marriage Act requires persons intending to marry to give notice at the marriage registry, and the registry official may require evidence of freedom to marry. In this context, a sworn Affidavit of Bachelorhood provides formal assurance of single status.

Nigeria's marriage registration system is administered at the state level through state government marriage registries. The Marriage Act provides that a statutory marriage cannot be dissolved except by a decree of the High Court under the Matrimonial Causes Act Cap M7 LFN 2004. Nigeria does not have a centralised, searchable national marriage records database, which means that an affidavit sworn by the intending party is often the most practical mechanism for establishing free single status — particularly for embassy and consular authorities who cannot independently search Nigerian marriage records.

For international applications — including spouse visas for the United Kingdom, Canada, Australia, the United States, and European Union member states — Nigerian applicants routinely submit Affidavits of Bachelorhood or Spinsterhood as part of the relationship evidence package required by the receiving country's immigration authority. Nigeria's 2024 accession to the Hague Apostille Convention has created a mechanism for authenticating Nigerian notarial documents (including sworn affidavits) for international use through an apostille issued by the designated Nigerian authority, replacing the previous legalisation chain.

The Nigerian Bar Association (NBA) and the Council of Legal Education oversee Legal Practitioners qualified to act as Commissioners for Oaths. The Notaries Public Act Cap N128 LFN 2004 governs the more senior category of Notaries Public who provide enhanced notarial certification accepted internationally.

The legal framework governing the Affidavit of Bachelorhood (Nigeria) rests on the Marriage Act Cap M6 LFN 2004 (Section 35 — bigamy offence), the Matrimonial Causes Act Cap M7 LFN 2004 (governing dissolution of statutory marriages), and the Oaths Act Cap O1 LFN 2004 (Commissioner for Oaths authority). The Criminal Code Act Cap C38 LFN 2004 (Section 370) imposes up to seven years' imprisonment for bigamy. The Notaries Public Act Cap N128 LFN 2004 governs Notaries Public who provide enhanced notarial certification for international use. Nigeria's accession to the Hague Apostille Convention in 2024 enables Nigerian notarial documents to be apostilled by the designated Nigerian authority for use in foreign countries. State marriage registries across Lagos, Abuja (FCT), Anambra, Rivers, and Kano States operate under the Marriage Act and require the affidavit for persons unable to produce a court-issued certificate of freedom to marry. The National Identity Management Commission (NIMC) Act 2007 requires NIN details for identity verification. The Nigeria Data Protection Regulation (NDPR) 2019 and Nigeria Data Protection Commission (NDPC) govern personal data within the affidavit. The Evidence Act 2011 (Section 115) governs admissibility before the Federal High Court and State High Courts.

A Nigeria Affidavit of Bachelorhood or Spinsterhood is needed in any context where formal sworn proof of unmarried status is required.

When a Nigerian man or woman is preparing to contract a statutory marriage at a state marriage registry and the registry official or officiating minister requires a sworn declaration of freedom to marry, an Affidavit of Bachelorhood provides the formal assurance required under the Marriage Act Cap M6 LFN 2004.

When a Nigerian citizen applies for a spouse, partner, or fiancé(e) visa at a foreign embassy — including UK Spouse Visas (processed under the Immigration Rules of the UK Home Office), US Fiancé(e) K-1 visas (processed by the US Embassy in Abuja under the Immigration and Nationality Act), or Canadian Spousal Sponsorship applications — the embassy requires documentary evidence that the Nigerian applicant is not already in a valid marriage.

When a Nigerian citizen is marrying a foreign national in a foreign country and the foreign marriage authorities require a Certificate of No Impediment or proof of single status from Nigeria, an Affidavit of Bachelorhood (notarised and apostilled for international use following Nigeria's 2024 accession to the Hague Apostille Convention) provides the required documentation.

When an unmarried Nigerian employee is required by their employer or pension fund administrator to declare their marital status for HR records, group life insurance beneficiary designation, or Retirement Savings Account (RSA) next-of-kin registration with their Pension Fund Administrator under the National Pension Commission (PenCom) framework, an Affidavit of Bachelorhood provides a formal sworn declaration.

When a Nigerian student applying for a foreign scholarship or international study programme is required to declare their personal status, some scholarship authorities require a sworn declaration of marital status as part of the eligibility verification process.

Nigerians should prepare an Affidavit of Bachelorhood or Spinsterhood before attending any marriage registry under the Marriage Act Cap M6 LFN 2004 or applying to a foreign embassy for a spouse or partner visa. For UK Spouse Visa applications processed by the British High Commission in Abuja under the UK Immigration Rules Appendix FM, the affidavit must be notarised and apostilled under Nigeria's 2024 Hague Convention accession. For US K-1 Fiancé(e) Visa applications processed by the US Embassy in Abuja under the Immigration and Nationality Act, the affidavit should be notarised before a Notary Public under the Notaries Public Act Cap N128 LFN 2004. The National Pension Commission (PenCom) Pension Reform Act 2014 requires the affidavit for RSA next-of-kin designations. The National Housing Fund (NHF) administered by the Federal Mortgage Bank of Nigeria (FMBN) under the NHF Act Cap N45 LFN 2004 requires proof of marital status for joint applications. The Nigeria Data Protection Commission (NDPC) enforces compliance with the NDPR 2019 for institutions processing the affidavit. The Criminal Code Act Cap C38 LFN 2004 (Section 117) applies to false sworn statements.

A Nigeria Affidavit of Bachelorhood or Spinsterhood must contain the following essential elements.

Deponent's full identity: Full legal name, date of birth, residential address, occupation, nationality, and state of origin. The deponent's National Identification Number (NIN) should be included where the affidavit will be used with a Nigerian government institution.

Declaration of single status: A clear, unambiguous statement that the deponent has never been lawfully married under the Marriage Act Cap M6 LFN 2004, any equivalent state legislation, or the law of any other country. The declaration must confirm that the deponent is presently free to marry and is not a party to any subsisting marriage.

Confirmation of no prior statutory marriage: A specific declaration that the deponent has not previously contracted a statutory (civil or church) marriage under the Marriage Act that has not been dissolved by a Decree Absolute of the High Court.

Confirmation regarding customary marriage (where applicable): Where the affidavit is for marriage registry purposes or for an embassy application, the deponent should also address whether they have contracted any customary law marriage — confirming either that they have not, or (if they have) that the customary marriage does not create a legal bar to the proposed statutory marriage.

Purpose statement: The specific purpose for which the affidavit is made — for example, "for the purpose of contracting a statutory marriage at the [name] Marriage Registry", or "for submission to the [name] High Commission in support of a Spouse Visa application".

Declaration of truth: A statement that the contents are true to the best of the deponent's knowledge and belief and that the deponent understands the criminal consequences of making a false sworn declaration, including liability for perjury under the Criminal Code Act Cap C38 LFN 2004 and bigamy under the Marriage Act Cap M6 LFN 2004.

Witnesses: Two adult witnesses (other than the Commissioner for Oaths) who confirm that the deponent is known to them as a single person. Witnesses must provide their names, addresses, and signatures.

Jurat: Signed by the deponent before the Commissioner for Oaths or Notary Public with their official stamp, name, designation, and the date and place of swearing. For international use, the document should be sworn before a Notary Public enrolled under the Notaries Public Act Cap N128 LFN 2004 and subsequently apostilled.

Compliance checklist for an Affidavit of Bachelorhood (Nigeria): The affidavit must be sworn before a Commissioner for Oaths under the Oaths Act Cap O1 LFN 2004, or before a Notary Public under the Notaries Public Act Cap N128 LFN 2004 for international use. The Marriage Act Cap M6 LFN 2004 (Section 35) underpins the legal necessity — bigamy is punishable by up to five years imprisonment. The Criminal Code Act Cap C38 LFN 2004 (Section 117) applies to perjury in sworn declarations. For embassy submissions, apostille authentication under Nigeria's 2024 Hague Convention accession is required. The NIMC Act 2007 requires NIN to be stated for Nigerian government institution submissions. The Evidence Act 2011 (Section 115) governs admissibility before the Federal High Court, State High Courts, and Customary Courts. Two adult witnesses who confirm the deponent's single status must sign. The Nigeria Data Protection Regulation (NDPR) 2019 (Regulation 2.2) requires institutions to handle personal data in the affidavit lawfully under NDPC oversight. The Matrimonial Causes Act Cap M7 LFN 2004 governs the dissolution of any prior statutory marriage. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.