UNDERSTANDING AFFIDAVITS & POLICE REPORTS IN LAW – PART 1

The word “affidavit” means a written statement of facts voluntarily made by an affiant (otherwise known as “deponent”) under an oath or affirmation administered by a person authorized to do so by law. Thus, an affidavit is a written document signed by a deponent stating certain relevant facts within the direct or circumstantial knowledge of the deponent. An affidavit could be sworn in a court or within the office of a notary public authorized to administer oath on behalf of the public. Where the affidavit is done in a court, it must be signed and sealed by the commissioner for oath of the court. Further rules and practice procedure governing affidavit evidence generally can be found under the Evidence Act 2011.

In Nigeria, there are many instances where an affidavit is necessary and should be done by the deponent. For instance, where a deponent need to provides evidence of his or her age in the absence of certificate of birth, an affidavit of declaration of age becomes indispensable.

Similarly, an affidavit can be done in respect of the underlisted situations:

1. When contemplating change of name; affidavit of service by sheriffs;
2. Change of ownership (especially in motor vehicles);
3. Affidavit of means; Affidavit in lieu of tenement rate;
4. Trustees; Administrators; Executors’ affidavit.
5. Affidavit of Guardianship;
6. Proof of ownership;
7. Authorization cases;
8. Power of Attorney;
9. Lost Items/Documents of title;
10. Loss of Sim Card/Replacement;
11. Affidavits used in general practice litigation such as witness statement on oaths, affidavit in support of motions, affidavit required through official papers, MOUs, commercial documents requiring notarization or oath, among other areas.

Thus, any fact (reliable facts) which a person relies upon as being true and relevant could be subject of an affidavit. However, deponents should know that since the facts deposed to in any affidavit is presumed to be true, the whole truth and nothing but the truth should always be stated by deponents, as any falsification of truth the subject matter of an oath or affidavit will constitute a punishable offence called “perjury” which is lying on oath. Perjury is an offence punishable under the Nigerian criminal laws.

HOW TO PREPARE AN AFFIDAVIT
Generally, there are no hard and fast rule of affidavit drafting and preparation, as all that is necessary is to lay the facts before the court or the notary public and sign the document. But in practice, the procedure to be followed are:

1. Start with the name of the court you intend to file the affidavit in. e.g. if the affidavit is to be sworn at the high or magistrate court of Lagos State then the heading will be:
IN THE HIGH/MAGISTRATE COURT OF LAGOS STATE.
IN THE IKEJA JUDICIAL DIVISION.
HOLDEN AT IKEJA.

2. The subject heading of the affidavit should be written in Bold letters. E.g. SWORN AFFIDAVIT OF: DECLARATION OF NAME; DECLARATION OF AGE; CHANGE OF OWNERSHIP; LOST OF WAEC CERTIFICATE; LOST OF CERTIFICATE OF OCCUPANCY; OF AUTHORISATION; PROOF OF OWNERSHIP; OF GOOD BEHAVIOUR AND CHARACTER; etc.

3. The introductory aspect, usually written with the name of the Deponent, gender, religion, nationality, and address, E.g. I OWOLABI EZE AUDU Male, Christian, Nigerian citizen of Owolabi Eze Audu Street, Maitama Abuja Nigeria hereby declares and state as follows:

4. The subject matter and or contents of the affidavit written in paragraphs. E.g

i. That I am the deponent herein.
ii. That I was born on the 30th day of August, 1887 to the family of MR & MRS GBAGBE etc.

5. The name of the registry where the oath or affirmation is done, and the date thereof.
Usually written this way:

Sworn to at the High Court
Registry Ikeja Lagos
This 30th day of August 1887.

6. The signature of the deponent.

7. The attestation by the commissioner for oath. E.g.

BEFORE ME

COMMISSIONER FOR OATH.

EXHIBITS AS PROOF OF FACTS AND OR FURTHER CORROBORATION OF FACTS STATED IN AFFIDAVITS
Sometimes, a deponent could make assertion of facts, and might wish to support same with a formal document as evidence of his or her averments or assertions. In which case, the document to be attached to the affidavit is known as “Exhibit”. The exhibit could be a letter, memo, invoice, receipt, agreements, pictures, certificate, or any other written documents, be it in book, newspapers, and so on relevant and admissible to the facts pleaded in the affidavit. Where exhibits are pleaded in an affidavit, the exhibits must be duly stamped with the exhibit stamp, signed by the commissioner for oath, and numbered accordingly. E.g. Exhibits A1, A2, B1, B2. It should be noted that separate charges or fees are applicable to each exhibit attached to an affidavit. Thus, the larger the number of exhibits sought to be pleaded and relied upon by the deponent, the higher the fees payable to the coffer of the court. Exhibits serves a great purpose of further corroboration of the facts alleged or stated in the affidavit.




POLICE REPORT OF SWORN AFFIDAVITS
In some cases, particularly in change of ownership for motor vehicle, it is required that after swearing to an affidavit, the deponent should obtain a copy of a police extract/report informing the police of new ownership of the motor vehicle as stated in the affidavit. Consequently, and upon payment of a prescribed fee, the police officer would issue police extract or report to the deponent. The police extract/report should contain all and major terms contained in the affidavit, and must be signed by the police officer who issues the extract/report. Acquiring a police report is never a tedious exercise and could be done within few hours after getting the affidavit for same, with lesser amount.

For more information/consultation:

Squint Partners
Consultants
74 Mobolaji Bank Anthony Way
Ikeja Lagos
+234-7032511885
+234-8025350003

Is it possible to have police extract made from avidavit? Example "Mr X was kidnapped last week" instead of "the avidavit said that Mr X was kidnapped last week "
Thanks.

Yes. Police will only issue you its extract based on the contents of your affidavit.

samueladegbola:
Yes. Police will only issue you its extract based on the contents of your affidavit.

For lost WAEC certificate should one sware Affidavit before police report or which comes first.? Pls urgent reply is needed thanks.

samueladegbola:
UNDERSTANDING AFFIDAVITS & POLICE REPORTS IN LAW – PART 1

The word “affidavit” means a written statement of facts voluntarily made by an affiant (otherwise known as “deponent”) under an oath or affirmation administered by a person authorized to do so by law. Thus, an affidavit is a written document signed by a deponent stating certain relevant facts within the direct or circumstantial knowledge of the deponent. An affidavit could be sworn in a court or within the office of a notary public authorized to administer oath on behalf of the public. Where the affidavit is done in a court, it must be signed and sealed by the commissioner for oath of the court. Further rules and practice procedure governing affidavit evidence generally can be found under the Evidence Act 2011.

In Nigeria, there are many instances where an affidavit is necessary and should be done by the deponent. For instance, where a deponent need to provides evidence of his or her age in the absence of certificate of birth, an affidavit of declaration of age becomes indispensable.

Similarly, an affidavit can be done in respect of the underlisted situations:

1. When contemplating change of name; affidavit of service by sheriffs;
2. Change of ownership (especially in motor vehicles);
3. Affidavit of means; Affidavit in lieu of tenement rate;
4. Trustees; Administrators; Executors’ affidavit.
5. Affidavit of Guardianship;
6. Proof of ownership;
7. Authorization cases;
8. Power of Attorney;
9. Lost Items/Documents of title;
10. Loss of Sim Card/Replacement;
11. Affidavits used in general practice litigation such as witness statement on oaths, affidavit in support of motions, affidavit required through official papers, MOUs, commercial documents requiring notarization or oath, among other areas.

Thus, any fact (reliable facts) which a person relies upon as being true and relevant could be subject of an affidavit. However, deponents should know that since the facts deposed to in any affidavit is presumed to be true, the whole truth and nothing but the truth should always be stated by deponents, as any falsification of truth the subject matter of an oath or affidavit will constitute a punishable offence called “perjury” which is lying on oath. Perjury is an offence punishable under the Nigerian criminal laws.

HOW TO PREPARE AN AFFIDAVIT
Generally, there are no hard and fast rule of affidavit drafting and preparation, as all that is necessary is to lay the facts before the court or the notary public and sign the document. But in practice, the procedure to be followed are:

1. Start with the name of the court you intend to file the affidavit in. e.g. if the affidavit is to be sworn at the high or magistrate court of Lagos State then the heading will be:
IN THE HIGH/MAGISTRATE COURT OF LAGOS STATE.
IN THE IKEJA JUDICIAL DIVISION.
HOLDEN AT IKEJA.

2. The subject heading of the affidavit should be written in Bold letters. E.g. SWORN AFFIDAVIT OF: DECLARATION OF NAME; DECLARATION OF AGE; CHANGE OF OWNERSHIP; LOST OF WAEC CERTIFICATE; LOST OF CERTIFICATE OF OCCUPANCY; OF AUTHORISATION; PROOF OF OWNERSHIP; OF GOOD BEHAVIOUR AND CHARACTER; etc.

3. The introductory aspect, usually written with the name of the Deponent, gender, religion, nationality, and address, E.g. I OWOLABI EZE AUDU Male, Christian, Nigerian citizen of Owolabi Eze Audu Street, Maitama Abuja Nigeria hereby declares and state as follows:

4. The subject matter and or contents of the affidavit written in paragraphs. E.g

i. That I am the deponent herein.
ii. That I was born on the 30th day of August, 1887 to the family of MR & MRS GBAGBE etc.

5. The name of the registry where the oath or affirmation is done, and the date thereof.
Usually written this way:

Sworn to at the High Court
Registry Ikeja Lagos
This 30th day of August 1887.

6. The signature of the deponent.

7. The attestation by the commissioner for oath. E.g.

BEFORE ME

COMMISSIONER FOR OATH.

EXHIBITS AS PROOF OF FACTS AND OR FURTHER CORROBORATION OF FACTS STATED IN AFFIDAVITS
Sometimes, a deponent could make assertion of facts, and might wish to support same with a formal document as evidence of his or her averments or assertions. In which case, the document to be attached to the affidavit is known as “Exhibit”. The exhibit could be a letter, memo, invoice, receipt, agreements, pictures, certificate, or any other written documents, be it in book, newspapers, and so on relevant and admissible to the facts pleaded in the affidavit. Where exhibits are pleaded in an affidavit, the exhibits must be duly stamped with the exhibit stamp, signed by the commissioner for oath, and numbered accordingly. E.g. Exhibits A1, A2, B1, B2. It should be noted that separate charges or fees are applicable to each exhibit attached to an affidavit. Thus, the larger the number of exhibits sought to be pleaded and relied upon by the deponent, the higher the fees payable to the coffer of the court. Exhibits serves a great purpose of further corroboration of the facts alleged or stated in the affidavit.




POLICE REPORT OF SWORN AFFIDAVITS
In some cases, particularly in change of ownership for motor vehicle, it is required that after swearing to an affidavit, the deponent should obtain a copy of a police extract/report informing the police of new ownership of the motor vehicle as stated in the affidavit. Consequently, and upon payment of a prescribed fee, the police officer would issue police extract or report to the deponent. The police extract/report should contain all and major terms contained in the affidavit, and must be signed by the police officer who issues the extract/report. Acquiring a police report is never a tedious exercise and could be done within few hours after getting the affidavit for same, with lesser amount.

For more information/consultation:

Squint Partners
Consultants
74 Mobolaji Bank Anthony Way
Ikeja Lagos
+234-7032511885
+234-8025350003

Please, what is the right way to format an affidavit? I mean the font-type, font-size etc.