Statutory Declaration — Personal (Nigeria)

A Statutory Declaration — Personal in Nigeria confirms specified facts through a signed declaration sworn before a commissioner for oaths or notary.

The Oaths Act (Cap O1, LFN 2004) provides the statutory foundation for the taking of statutory declarations in Nigeria, and each state has enacted corresponding oaths legislation — including the Lagos State Oaths Law (Cap O2, Lagos State) and the Rivers State Oaths Law — that appoints Commissioners for Oaths and prescribes the form of declarations. The declaration must be made voluntarily by the declarant and must be sworn upon the Bible, Quran, or other recognised holy text, or by solemn affirmation (for those who object to swearing on religious grounds), under Section 9 of the Oaths Act.

A Personal Statutory Declaration is used extensively in Nigerian administrative practice. The National Identity Management Commission (NIMC) accepts name change declarations for updating the National Identity Number (NIN) database. The Nigerian Immigration Service (NIS) accepts personal declarations in support of passport applications, international travel document requests, and visa applications where particular personal circumstances must be attested. Banks, universities, and employers require personal declarations when an individual's name in records differs from the name in current identification documents, a common occurrence in Nigeria due to variations in transliteration of Yoruba, Igbo, Hausa, and other language names.

A Personal Statutory Declaration is distinct from a General Statutory Declaration (which may be made on behalf of a company or in connection with commercial matters) in that it concerns exclusively the personal circumstances of the individual declarant, who makes it in their personal capacity rather than as an officer of a body corporate.

The legal framework governing the Statutory Declaration — Personal (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 Statutory Declaration — Personal (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 Personal Statutory Declaration is needed in Nigeria in many individual and family circumstances.

A Personal Statutory Declaration is required when an individual's name in their birth certificate, academic certificates, WAEC results, or other official documents does not match the name in their national identity card, international passport, or bank records. Nigerian institutions routinely require a sworn declaration explaining the discrepancy before updating their records.

A Personal Statutory Declaration is needed when an individual needs to formally declare that they are the same person known by different names or spellings in different official documents — for example, where a surname has been written as 'Okonkwo' in some documents and 'Okonkwu' in others due to different phonetic transliterations.

A Personal Statutory Declaration is required when a widow or widower needs to formally declare their marital status following the death of a spouse, particularly where a death certificate is not available or not yet issued, to access the deceased's pension, insurance, or bank accounts through the relevant financial institutions.

A Personal Statutory Declaration is needed when an individual who has lost their original birth certificate, educational credentials, or other important documents needs to formally declare the loss and describe the circumstances to support an application for replacement documents from WAEC, NECO, the National Universities Commission (NUC), or a state Ministry of Education.

A Personal Statutory Declaration is required when a Nigerian seeking a foreign visa must provide a sworn statement of personal circumstances — such as financial independence, employment status, family ties in Nigeria, or travel history — to satisfy a foreign embassy's visa assessment requirements.

A Personal Statutory Declaration is needed when a parent formally declares the parentage of a child for school enrollment, health registration, or travel consent purposes where a birth certificate is not yet available or not accepted by the receiving institution.

Parties in Nigeria should prepare a Statutory Declaration — Personal (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 valid Personal Statutory Declaration in Nigeria must contain the following essential elements.

Declarant's Full Identity: Full legal name, residential address, date of birth, occupation, and the number and type of the declarant's means of identification (National Identity Number / NIN, international passport number, voter's card number, or driver's licence number). The means of identification confirms the identity of the person making the declaration before the Commissioner for Oaths.

Relationship to the Subject Matter: A clear explanation of the declarant's personal connection to the facts being declared — for example, that the declarant is the same person previously known by a different name, or that the declarant was present at a specified event and witnessed the facts being declared.

Statement of Facts: Numbered paragraphs setting out the specific personal facts being declared, in plain and direct language. Each paragraph should address one factual matter only. Hearsay or second-hand information should be clearly distinguished from the declarant's direct personal knowledge by the use of appropriate language such as 'I was informed by... And verily believe that...'

Declaration Formula: The prescribed introductory formula under the Oaths Act: 'I, [full name] of [address], do solemnly and sincerely declare...' and the prescribed closing: '...and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act.'

Purpose Statement: A brief statement of why the declaration is being made — for example, 'for the purpose of updating my name in the records of First Bank of Nigeria Limited' or 'in support of my application for replacement of WAEC certificate'. This assists the receiving institution in matching the declaration to the specific application.

Commissioner for Oaths Certificate: The signed attestation by the Commissioner for Oaths or Notary Public, including date and place of administration, the officer's name and title, and official stamp or seal. Without this attestation, the document is not a statutory declaration but merely an unsworn written statement.

False Declaration Consequences: A person who makes a false statutory declaration in Nigeria commits the offence of making a false declaration under Section 8(2) of the Oaths Act (Cap O1, LFN 2004), punishable under the Criminal Code Act (Cap C38, LFN 2004) and the Penal Code (Northern States) Federal Provisions Act (Cap P3, LFN 2004) in states that apply the Penal Code. The Economic and Financial Crimes Commission (EFCC) under the EFCC (Establishment) Act 2004 may also investigate declarations used to obtain financial benefits by deception.

Apostille and International Use: For declarations intended for use in foreign countries that are parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961 — to which Nigeria acceded on 9 August 2019 — the Federal Ministry of Foreign Affairs in Abuja issues an apostille certifying the signature and seal of the Nigerian Commissioner for Oaths or Notary Public. The apostille is required by immigration authorities in the United Kingdom, the United States, Canada, Germany, and other Hague Convention states when verifying Nigerian statutory declarations.

Data Protection and Retention: The Nigeria Data Protection Act 2023 (NDPA 2023), administered by the Nigeria Data Protection Commission (NDPC), applies to any institution that processes personal data contained in a statutory declaration. Section 24 of the NDPA 2023 requires a lawful basis for processing; institutions receiving declarations must store them securely and use the personal data only for the declared purpose. The National Identity Management Commission (NIMC) and the Nigerian Immigration Service (NIS) maintain their own data retention policies for declarations submitted in support of official applications. Statutory Compliance Reference: The Personal Statutory Declaration (Nigeria) is governed by Section 9 of the Oaths Act No. 24 of 1963 (Cap No. 245, LFN 2004), which prescribes the form of statutory declarations and the manner of taking oaths before a Commissioner for Oaths in Nigeria. Section 8 of the Oaths Act No. 24 of 1963 prescribes the criminal consequences of making a false declaration. Section 2 of the Oaths Act No. 24 of 1963 authorises Commissioners for Oaths and Notaries Public to administer oaths and take statutory declarations. Section 4 of the Notaries Public Act No. 11 of 1979 (Cap No. 114, LFN 2004) governs the appointment and powers of Nigerian Notaries Public. Section 3 of the Apostille Act No. 18 of 2017 (implementing the Hague Convention No. 12 of 1961) governs the apostille certification of Nigerian public documents for international use. Section 24 of the Nigeria Data Protection Act No. 14 of 2023 requires a lawful basis for institutions processing personal data contained in a statutory declaration. Section 25 of the Nigeria Data Protection Act No. 14 of 2023 provides heightened protections for children's personal data where the declarant is a parent making declarations about a minor. Section 6 of the Economic and Financial Crimes Commission (Establishment) Act No. 1 of 2004 empowers the Economic and Financial Crimes Commission to investigate statutory declarations made to obtain financial benefits by fraud. Section 240 of the Constitution of the Federal Republic of Nigeria 1999 confers appellate jurisdiction on the Court of Appeal, and Section 233 vests final appellate jurisdiction in the Supreme Court of Nigeria. Forms-legal.com provides this template as a starting point for Nigeria-compliant personal documentation.