CROSS RIVER – OATHS AND AFFIRMATIONS LAW
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LAWS OF CROSS RIVER STATE
OATHS AND AFFIRMATIONS LAW
ARRANGEMENT OF SECTIONS
Oaths and Affirmation in Court Proceedings
SECTION
- Forms of oath or affirmation.
- Omission or irregularity not to invalidate proceedings or evidence.
- Persons giving evidence bound to state the truth.
Oaths and Affirmations in Other Cases
- Forms of oath or affirmation.
General
- Affirmation may be made instead of oath.
- Manner of making oath or affirmation.
- Validity of oath not affected by absence of religious belief.
- Power to vary Schedules.
- Interpretation.
- Short title.
SCHEDULES
FIRST SCHEDULE
Forms of Oath in Court Proceedings
SECOND SCHEDULE
Forms of Oaths in Other Cases
CHAPTER O1
OATHS AND AFFIRMATIONS LAW
A Law relating to oaths and affirmations.
(1st May, 1956)
[Commencement]
Oaths and Affirmations in Court Proceedings
- Forms of oath or affirmation
Oaths and affirmations made in any court shall be according to the Forms in the First Schedule, with such variations (if any) as the circumstances of the case may require.
[First Schedule.]
- Omission or irregularity not to invalidate proceedings or evidence
No omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever in the form in which any one of them is administered shall invalidate any proceedings or render inadmissible any evidence whatever in or in respect of which such omission or irregularity took place, or shall affect the obligation of a witness to state the truth.
- Persons giving evidence bound to state the truth
Every person giving evidence on any subject before any court or person authorised to administer oaths and affirmations shall be bound to state the truth on such subject.
Oaths and Affirmations in Other Cases
- Forms of oath or affirmation
Where an oath or affirmation is required to be made under the provisions of any law otherwise than in proceedings before a court such oath or affirmation shall be according to the Forms in the Second Schedule with such variations (if any) as the circumstances of the case may require.
[Second Schedule.]
General
- Affirmation may be made instead of oath
(1) In every case in which an oath is prescribed by any Act or Law an affirmation may be made instead of an oath.
(2) This section applies to all Acts or Laws whether passed before or after the commencement of this Law.
- Manner of making oath or affirmation
A person may make oath or affirmation in such manner as the court or person authorized to administer the same shall consider binding on his conscience.
- Validity of oath not affected by absence of religious belief
Where an oath was administered and taken, the fact that the person to whom the same was administered had, at the time of taking such oath, no religious belief, shall not for any purpose affect the validity of such oath.
- Power to vary Schedules
The Commissioner may by order vary or add to the Forms in the First or Second Schedule, and so that such Forms may be either in English or such other language as he may deem necessary or appropriate in any particular case, and any order so made shall be published in the Cross River State of Nigeria Gazette.
[Schedules.]
- Interpretation
In this Law—
“court” includes the High Court, a magistrate’s court and any tribunal or person conducting proceedings in which evidence is given on oath or affirmation;
“the Commissioner” means the Commissioner for Justice.
- Short title
This Law may be cited as the Oaths and Affirmations Law.
SCHEDULES
FIRST SCHEDULE
[Section 3.]
Form of Oath
I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.
Form of Affirmation
I solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.
Form of Affirmation for Person of no Religious Belief
I solemnly affirm that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.
Other Cases
In the case of a person professing a religion to which the foregoing forms are not suitable such oath or affirmation as the court shall consider binding upon his conscience.
SECOND SCHEDULE
[Section 6.]
Form of Oath
I swear by Almighty God ……………………………………………….. (followed by the words of the oath prescribed by the particular Act or Law).
Form of Affirmation
I solemnly, sincerely and truly declare that …………………………………… (followed by the words of the oath prescribed by the particular Act or Law).
Form of Affirmation for Person of No Religious Belief
I solemnly affirm ……………………………………………………………….. (followed by the words of the oath prescribed by the particular Act or Law).
Other Cases
In the case of a person of any religion to which the foregoing prefixes are not suitable such prefix by way of oath or affirmation as he may state to be binding upon his conscience followed by the words of the oath prescribed by the particular Act or Law.
Form of Affirmation in Writing
I, of (address) …………………………………………………………………. do solemnly and sincerely affirm (particulars of subject to which affirmation is made).
(Signature of person affirming ………………………………………. Affirmed at (place) ……………………. this ……….. day of …………………………… 20 ……………. , before me.
(Signature) …………………………………………….
CHAPTER O1
OATHS AND AFFIRMATIONS LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
