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Affidavit
I need an affidavit to declare my change of name from my maiden name to my married name, including details of my previous and new names, and a statement affirming that both names refer to the same individual for all legal and official purposes.
What is an Affidavit?
An affidavit is a written statement made under oath, where you swear or affirm that everything you're stating is true. In Nigerian courts and government offices, it must be signed before a Commissioner for Oaths or notary public who officially witnesses and stamps the document.
People use affidavits to provide evidence in court cases, verify personal information for official documents, or make formal declarations about property, marriages, or business dealings. Nigerian law treats false statements in affidavits as perjury - a serious criminal offense that can lead to imprisonment. The Evidence Act requires affidavits to follow specific formats and be properly sworn to hold legal weight.
When should you use an Affidavit?
You need an affidavit when making formal declarations that require legal weight in Nigeria. Common situations include changing your name, proving ownership of lost documents, confirming your age or marital status for official purposes, or providing sworn testimony for court proceedings.
Businesses frequently use affidavits to verify company information, establish ownership of assets, or submit evidence in commercial disputes. Government agencies often require affidavits for visa applications, land registration, or pension claims. Using an affidavit helps prevent fraud and creates a clear legal record - but remember that false statements can result in criminal charges under Nigerian law.
What are the different types of Affidavit?
- Name Change Affidavit: Used to legally document and verify a change of name, common for marriage or personal preference
- Affidavit Of Age Declaration: Confirms a person's age when birth certificates are unavailable or disputed
- Sworn Affidavit: General-purpose declaration for various legal matters, from lost documents to business statements
- Affidavit Of Good Conduct: Attests to someone's character and behavior, often needed for employment or immigration
- Parental Consent Letter For Travel: Authorizes minor children to travel, especially when accompanied by one parent or guardian
Who should typically use an Affidavit?
- Individuals: Anyone needing to make legal declarations about personal matters like age, name changes, loss of documents, or marital status
- Business Owners: Make sworn statements about company ownership, assets, or business transactions for legal and regulatory compliance
- Legal Practitioners: Draft and review affidavits for clients, ensure proper formatting and legal requirements are met
- Commissioners for Oaths: Officially witness and authenticate affidavits, verify the identity of deponents
- Government Officials: Request and process affidavits for various administrative procedures, licenses, and permits
- Court Officials: Accept and file affidavits as evidence in legal proceedings
How do you write an Affidavit?
- Personal Details: Gather accurate information about the deponent including full name, address, occupation, and any relevant dates or facts
- Supporting Documents: Collect all relevant documents that support your statements, like IDs, certificates, or business records
- Verification: Ensure all facts stated are true and can be proven - false statements carry criminal penalties
- Format Check: Use our platform to generate a properly structured affidavit that meets Nigerian legal requirements
- Authentication: Locate a Commissioner for Oaths or notary public for official witnessing
- Final Review: Double-check all details, dates, and facts before swearing the affidavit
What should be included in an Affidavit?
- Title: Clear statement that it's an affidavit, including the specific type or purpose
- Deponent Details: Full name, age, occupation, religion, and residential address of the person making the declaration
- Numbered Paragraphs: Each fact or statement must be in separate, sequentially numbered paragraphs
- Verification Statement: Standard clause confirming the truth of all statements made
- Jurat: Official certification showing where and when the affidavit was sworn
- Authentication: Commissioner for Oaths' signature, stamp, and date
- Exhibits: Clear references to any attached supporting documents, marked alphabetically
What's the difference between an Affidavit and an Affidavit and Indemnity Agreement?
The main difference between an Affidavit and an Affidavit and Indemnity Agreement lies in their scope and purpose. While both documents contain sworn statements, they serve distinct legal functions in Nigerian law.
- Legal Purpose: An Affidavit simply declares facts under oath, while an Affidavit and Indemnity Agreement includes both sworn statements and a promise to protect against potential losses
- Liability Coverage: Standard Affidavits don't address financial responsibility, but Indemnity Agreements specifically outline who bears potential costs or damages
- Parties Involved: Affidavits typically need only the deponent and a Commissioner for Oaths, while Indemnity Agreements require multiple parties including the indemnifier and indemnified
- Usage Context: Affidavits are used for general declarations, but Indemnity versions are common in business transactions, property transfers, or situations with financial risks
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