Court Affidavit — Nigeria

A Court Affidavit in Nigeria confirms specified facts through a signed declaration sworn before a commissioner for oaths or notary.

Affidavits in Nigeria are governed by Part XI (Sections 107 to 119) of the Evidence Act 2011, which prescribes the form and requirements for sworn statements admissible in judicial proceedings. The Evidence Act 2011 applies to all proceedings in federal courts and, by adoption, in most state courts. Court-specific rules — including the Federal High Court (Civil Procedure) Rules 2019, the Lagos State High Court (Civil Procedure) Rules 2019, and the Supreme Court Rules — prescribe additional requirements for affidavits used in specific types of proceedings.

Under Section 108 of the Evidence Act 2011, an affidavit may contain only facts within the deponent's personal knowledge, except in interlocutory proceedings where statements of information and belief (with the source identified) are permitted. Under Section 115 of the Evidence Act 2011, any alterations to an affidavit must be initialled by the officer before whom it is sworn.

The Commissioner for Oaths system in Nigeria is administered by the various courts: commissioners for oaths are appointed by the Chief Judge of a State or the Chief Judge of the Federal High Court, and the Notary Public is a separate officer appointed by the Chief Justice of Nigeria. Both are authorised to administer oaths and attest affidavits for use in Nigerian proceedings.

The legal framework governing the Court Affidavit — Nigeria in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Court Affidavit — Nigeria in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contract Law (received English common law) sets the foundational requirements.

A Nigeria Court Affidavit is needed in a wide range of judicial and administrative contexts.

Affidavits are required in court proceedings at all levels of the Nigerian court system — the Magistrates' Courts, State High Courts, Federal High Court, Court of Appeal, and Supreme Court of Nigeria. They are used to present evidence in interlocutory applications (such as applications for injunctions, stays, and discovery), to support motions, and to verify pleadings in proceedings that require verified processes.

Affidavits are required in property transactions in Nigeria where a vendor's title must be supported by sworn evidence — for example, an affidavit of title deducing ownership of land, an affidavit identifying a vendor's identity in cases of name change, or an affidavit in support of an application for a lost Certificate of Occupancy.

Affidavits are needed for statutory declarations required by government agencies — including the Corporate Affairs Commission (CAC) (for filing company resolutions, change of directors, or deregistration of companies), the Federal Road Safety Commission (FRSC) (for vehicle ownership declarations), and the Nigerian Immigration Service (NIS) (for citizenship and passport applications).

Affidavits are required for name change declarations — where a person swears an affidavit confirming that they have changed their name from X to Y and that they are one and the same person, published in a Federal Government Gazette and presented to relevant institutions such as banks, the National Identity Management Commission (NIMC), and educational institutions.

Affidavits are also needed in banking and commercial transactions where documentary evidence of a fact must be provided in sworn form — for example, an affidavit of loss of a document, an affidavit confirming the contents of a lost share certificate, or an affidavit verifying the authority of a company officer.

Parties in Nigeria should prepare a Court Affidavit — Nigeria proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A Nigeria Court Affidavit must contain the following key elements under the Evidence Act 2011 and applicable court rules.

Deponent identification: Full legal name, address, occupation, and nationality of the deponent. The deponent must be a person with direct knowledge of the facts deposed to (except in interlocutory proceedings where information and belief is permitted).

Court or proceeding reference: If the affidavit is filed in a court proceeding, identify the court, the case number, and the names of the parties. The affidavit title should reflect the proceeding (e.g., 'IN THE FEDERAL HIGH COURT OF NIGERIA HOLDEN AT LAGOS / SUIT NO. FHC/L/CS/123/2025').

Statement of facts: Numbered paragraphs, each containing a single fact or closely related facts. Each paragraph must be concise and factual. Under Section 108 of the Evidence Act 2011, the deponent may only depose to facts within their personal knowledge in non-interlocutory proceedings.

Exhibits: Documents referred to in the affidavit must be exhibited (attached as annexures marked with exhibit letters, e.g., Exhibit A, Exhibit B) and referred to by their exhibit mark in the body of the affidavit. Under Federal High Court (Civil Procedure) Rules 2019, Order 4, each exhibit must be clearly marked and initialled by the officer before whom the affidavit is sworn.

Jurat: The formal declaration at the end of the affidavit: 'Sworn to at [Location] this [Day] day of [Month] [Year]. Before me: [Commissioner for Oaths / Notary Public]'. The jurat must be signed by both the deponent and the attesting officer.

Officer's details: The name, official stamp, and signature of the Commissioner for Oaths or Notary Public before whom the affidavit is sworn. The officer must be authorised to administer oaths in the jurisdiction where the affidavit is sworn.

Alt solemn affirmation: For deponents who object to taking an oath for religious or other reasons, Section 14 of the Oaths Act Cap O3 LFN 2004 permits a solemn affirmation as an alternative to the oath.

Corporate deponent authority: Where the affidavit is sworn on behalf of a company incorporated under the Companies and Allied Matters Act 2020 (CAMA 2020), the deponent must confirm their authority to swear on the company's behalf — typically by reference to a board resolution, the company's Memorandum and Articles of Association, or their designated officer role (director or company secretary registered with the Corporate Affairs Commission (CAC)). The Federal High Court (Civil Procedure) Rules 2019 and the Lagos State High Court (Civil Procedure) Rules 2019 both require that a corporate affidavit identify the officer's authority.

Additional compliance elements for a Court Affidavit — Nigeria used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.