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OATHS ACT 2003
Arrangement of Sections
1. | Oaths to be taken. | 2. | Officers to take oaths. | 3. | Unnecessary repetition of oath. |
4. | Omission or irregularity as to oath, etc. | 5. | Form and manner in which oath may be taken. | 6. | Place and date of oath. |
7. | Absence of religious belief. | 8. | Affirmations. | 9. | Persons under age. |
10. | Authority to administer oaths. | 11. | Taking oaths out of Nigeria. | 12. | Power of Nigerian officials abroad. |
13. | Voluntary declaration. | 14. | Additional oaths. | 15. | Effect of oath of allegiance, etc., on persons not citizens of Nigeria. |
16. | Short title and repeal. |
Schedules
Oaths Act 2003
This is an Act to consolidate and amend the law as to oaths and affirmations.
1st day of October 1963
(2) A person appointed to act in any office or capacity in the place of any officer or person, shall not be required to take any oath on the occasion of such appointment, unless the oath required to be taken in respect of such appointment is different from or in addition to any oath duly taken by him in respect of any other appointment, permanent or temporary.
(3) For the avoidance of doubt and notwithstanding the provisions of subsection (1) of this section, a person holding an office or position specified in the second column of the Second Schedule to this Act shall, on or as soon as may be convenient after the first day of October, nineteen hundred and sixty-three, take the oath prescribed for that office in the first column of the said Schedule.
Provided that any person who declines, neglects, or omits to take the required oath or make the required affirmation under this Act shall,
(a) if he has already entered on his office, be deemed to have vacated that office from the date of refusal; and
(b) if he has not already entered on his office, be disqualified from entering on the same.
(2) No irregularity in the form in which an oath or affirmation is administered or taken shall-
(a) invalidate the performance of official duties, or
(b) invalidate proceedings in any court, or
(c) render inadmissible evidence in or in respect of which an irregularity took place in any proceedings.
(3) The failure to take an oath or make an affirmation, and any irregularity as to the form of oath or affirmation shall in no case be construed to affect the liability of a witness to state the truth.
The person taking the oath may do so in form and manner following, that is to say-
(a) he shall,
(i) if a Muslim, place both hands on a copy of the Koran,
(ii) if a Christian, hold in his right hand a copy of the Holy Bible or of the New Testament,
(iii) if a Jew, hold in his uplifted hand a copy of the Old Testament,-
and shall say or repeat after the person administering the oath the words prescribed by law or by the practice of the court, as the case may be;
(b) in any other manner which is lawful according to any law, customary or otherwise, in force in Nigeria.
(2) Where any person taking an oath is physically incapable of taking the oath as provided in the foregoing subsection, he may touch or hold such copy otherwise, or if necessary, such copy may be held before him by the person administering the oath.
provided that in any case where the Oath of Allegiance is to be taken, for the words “truthfully affirm” in this section there shall be substituted the words “truly declare and affirm,”; and the words “So help me God,” shall be omitted.
Provided that, if any person declining or objecting to take an oath is, in the opinion of the court or officer as the case may be, competent, to make an affirmation, such person shall, on the court or officer so directing him, thereupon make an affirmation as provided by section 8 of this Act.
(2) It shall be lawful for any of the persons mentioned in subsection 1 of this section to take any declaration made in the form prescribed in the First Schedule to this Act, in cases where an oath is or has been abolished by any enactment.
(2) The provisions of subsection (1) of this section shall apply to any declaration, or affirmation in lieu of oath or affidavit so taken or made.
(3) In the case of a person having such authority by the law of a country other than Nigeria, judicial and official notice shall be taken of his seal or signature affixed, impressed or subscribed to or on any such oath, affidavit, declaration or affirmation.
(2) Any oath, affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in any part of Nigeria.
(3) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal or signature of any person authorised by this section to administer an oath in testimony of any oath, affidavit or act being administered, taken or done by or before him shall be admitted in evidence without proof of the seal or signature of that person, or of the official character of that person.
(2) The President may by order published in the Federal Gazette amend the First and Second Schedules to this Act, and may by the same or any other order provide that this Act shall apply in relation to persons who are not citizens of Nigeria subject to such modifications as may be prescribed.
(2) Nothing in this Act shall be construed to the prejudice of the allegiance which any such person may owe irrespective of the taking of the oath of allegiance for the time being to Nigeria.
(2) The enactments mentioned in the Third Schedule to this Act are hereby repealed.
(3) Nothing in this Act shall be construed to the prejudice of the allegiance which any such person may owe irrespective of the taking of the oath of allegiance for the time being to Nigeria.
Short Title and Repeal.
(2) The enactments mentioned in the Third Schedule to this Act are hereby repealed.
SCHEDULES
Section 1
FIRST SCHEDULE
OATH OF ALLEGIANCE
I……………………………………………………. swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria. So help me God.
OATH OF OFFICE OF PRESIDENT
I…………………………………………….. swear that I will faithfully execute the office of President (or discharge the functions of the President) of the Federal Republic of Nigeria and will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria and the law and that I will devote myself to the service and well-being of the people of Nigeria. So help me God.
1976 No. 22
JUDICIAL OATH
I…….. swear that in the service of my country in the office of …………………………. .
NATIONAL COUNCIL OF MINISTERS OATH
I……………………………………………………… being appointed a Member of the National Council of Ministers, swear that I will not directly or indirectly reveal such matters as shall be debated in the said Council and committed to my secrecy. So help me God.
OATH OF MINISTER
I……………………………………………………… being appointed a Minister of the Government of the Federation, swear that I will at all times well and truly serve the Federation in the office of a Minister; and that I will support and uphold the Constitution of the Federal Republic of Nigeria as by law established; and that I will to the best of my judgment at all times when thereto required freely give my counsel and advice to the President of Nigeria and his successors in office as by law established for the good management of the public affairs of the Federation; and that I will not directly or indirectly reveal any matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. So help me God.
OATH OF A PARLIAMENTARY SECRETARY
I……………………………………………………… being appointed a Parliamentary Secretary to assist a Minister of the Government of the Federation, swear that I will at all times well and truly serve the Federation in the office of a Parliamentary Secretary; and that I will support and uphold the Constitution of the Federal Republic of Nigeria as by law established; and that I will to the best of judgment at all times when thereto required my freely give my council and advice to the Minister with whom I am or may be associated and his successors in office as by law established for the good management of the public affairs of the Federation; and that I will not directly or indirectly reveal any matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. So help me God.
1976 No. 22
OFFICIAL OATH
I hereby solemnly declare, swear and pledge that in the service of my country:-
OATH OF SECRECY
I………………………………………. swear that I will not directly or indirectly communicate or reveal any matter to any person which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specially permitted by the President. So help me God.
OATH OF OFFICER OF COUNCIL OF MINISTERS
I……………………………..being called upon to exercise the functions of………………..to the National Council of Ministers in the Federation swear that I will not directly or indirectly reveal such matters as shall be debated in the Council and committed to my secrecy. So help me God.
OATH OF A SENATOR OR A MEMBER OF PARLIAMENT
I…………………………………………. swear that I will give faithful service to this Parliament and support and uphold the Constitution of the Federal Republic of Nigeria as by law established. So help me God.
COURT PROCEEDINGS
OATH OF A JUROR
I…………………………………… swear by Almighty God that I will well and truly try the issue joined between the Federation of Nigeria and the prisoner at the bar whom I shall have in charge and a true verdict give according to the evidence.
OATH OF ASSESSORS
An assessor is sworn in the same manner as a juryman, except that the words “whom I shall have in charge” are omitted from the oath and for the word “verdict” the word “opinion” is substituted.
EVIDENCE OATH
I…………………………………… do hereby swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.
INTERPRETER’S OATH Civil
I…………………………………… swear by Almighty God that I will well and faithfully interpret and explain to the court (or commission or jury) and the witnesses all such matters and things as shall he required of me to the best of my skill and understanding and that I will truly translate or explain all documents entrusted to me for such purpose to the best of my ability, and, except as authorised by the court (commissioners), will not directly or indirectly reveal the contents of such documents as may be entrusted to me, or the evidence given by witness which may have been interpreted by me.
CRIMINAL
I…………………………………… swear by Almighty God that I will well and faithfully interpret and true explanation make between the Court the jury (assessors) the witnesses and the prisoner at the bar according to the best of my skill and understanding.
SHORTHAND WRITERS
I…………………………………… swear by Almighty God that I will to the best of my ability take down in shorthand the evidence and such other matters as shall be required of me and make a true and accurate transcript thereof (and that I will not without leave of the court (commission) divulge to any person the notes I shall take of the evidence that the witness shall give to the court (commission) touching matters in question).
VOIRE DIRE
I…………………………………..swear by Almighty God that I shall true answer make to all such questions as the Court (or as the case may be) shall demand.
STATUTORY DECLARATION
I……………………………………. do solemnly and sincerely declare that (set out in numbered paragraphs if more than one matter) and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act.
FORM OF ATTESTATION
DECLARED at…………………………….in…………………………….this………………date of……………………….
Before me
…………………………………..
Commissioner for Oaths/ Notary Public, etc.
OATH FOR AFFIDAVITS
Form A
I…………………………………………. do hereby solemnly swear by Almighty God that this is my name and handwriting and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.
Form B
BLIND OR ILLITERATE DEPONENT
I…………………………………………. do hereby solemnly swear by Almighty God that the facts deposed by me in the affidavit are the truth, whole truth and nothing but the truth.
FORM OF JURAT
(a) Where the Commissioner has read the Affidavit to Deponent
SWORN at………………………………in………………………this………….day of………………. before me, I having first truly, distinctly and audibly read over the contents of this affidavit to the deponent he being blind or illiterate and explained the nature and contents of the exhibits therein referred to in the………………………………language when he appeared perfectly to understand the same, and made his mark (or signature) thereto in my presence.
…………………………………..
Commissioner for Oaths
(b) Where a third person has read the Affidavit to Deponent
SWORN at……………………………in……………………………this……….day of……………………. before me; and I certify that this affidavit was read over in my presence to the deponent he being blind or illiterate and the nature and contents of exhibits therein referred……………in the……..language, when the deponent appeared perfectly to understand the same, and made his mark (or signature) thereto in my presence.
………………………….
Commissioner for Oaths
Form C
DEPONENT PHYSICALLY INCAPABLE OF TAKING THE OATH WITH UPLIFTED HAND
A.B. is that your mark (signature)? You do swear by Almighty God that the contents of this your affidavit are true?
Form of Jurat
SWORN at…………………in…………………this …………………day of……………………….before me the deponent A.B. having made his mark to this affidavit in my presence, he being physically incapacitated from writing his name.
…………………………………..
Commissioner for Oaths
If the deponent is incapable of affixing any distinguishable mark whatever to the affidavit, the jurat should be as follows-
SWORN by the above-named deponent A.B. at………………….in…………………this……………….day of……………… without the deponent affixing thereto any mark or signature, he being physically incapable of so doing.
Before me
…………………………………..
Commissioner of Oaths
Form D
INTERPRETER
I swear by Almighty God that I well understand the English language and the………………………..languages and that I have truly distinctly and audibly interpreted the contents of this affidavit to the deponent………………………………in the……………………..language and that I will truly interpret the oath about to be administered unto him/her.
Form of Jurat
SWORN at……………………………..in………………………………this………………………….day of ………………………….through the interpretation of…………………of (address) the said…………………having first been sworn that he had truly and faithfully interpreted the contents of this affidavit to the deponent…………………..and that he truly and faithfully interpreted the oath administered to him.
Before me
…………………………………..
Commissioner of Oaths
ARMED FORCES OATH
I………………………………………………. swear by Almighty God that in the service of my country-
…………………………………..
Signature or mark
SWORN at ………………….. this………………. day of ………….. 19 ……….
Before me
…………………………………..
Signature of Officer
ARMED FORCES AFFIRMATION
The declaration will follow the form of Oath except that the words “swear by Almighty God” are omitted and the words “solemnly, sincerely and truthfully affirm” are substituted.
LOCAL FORCES OATH
(To be taken by all ranks)
I……………………. swear that I will bear true and faithful allegiance to the President, Commander-in Chief of the Armed Forces of Nigeria and that I will truly and faithfully serve the Federal Republic of Nigeria as by law established and that I will while residing within Nigeria serve in the Local Forces of Nigeria for the defence of Nigeria against all of its enemies and opposers whatsoever, according to the conditions of my service.
…………………………………..
Signature of person taking oath
SWORN before me this………………… day of………………..19…..
………………………………………………
Signature of person administering the oath
LOCAL FORCES (SUPPLEMENTARY RESERVE) OATH
(To be taken by officers and cadets of the Supplementary Reserve)
I………………………………………..swear that I will bear true and faithful allegiance to the President, Commander-in-Chief of the Armed Forces of Nigeria and that I will in Nigeria serve the Federal Republic of Nigeria as by law established against all its enemies and opposers whatsoever, according to the conditions of my service.
…………………………………..
Signature of officer or cadet
SWORN before me this………………… day of ………………… 19 …..
………………………………………………
Signature of person administering the oath
POLICE OATH
(To be taken by superior police officers and inspectors)
I…………………………………………….. swear that I will bear true allegiance to the Federal Republic of Nigeria and that I will truly and faithfully obey all lawful commands of the Government of the Federation as by law established and of any officer set over me whilst I am serving in the office of police officer; and that I will use my best endeavours for the preservation of peace and prevention of crime and the apprehension of offenders against the peace and that I will in all respects to the best of my skill and knowledge discharge all duties of the said office according to law.
…………………………………..
Signature or mark
SWORN at…………………………..this……………………………day of
………………………………………19……
Before me
……………………………………………
Signature and appointment of person authorised
POLICE DECLARATION
(To be taken by police non-commissioned officers, constables and recruit constables)
I……………………………………. solemnly, sincerely and truthfully affirm and declare that I will bear true allegiance to the Federal Republic of Nigeria and that I will truly and faithfully obey all lawful commands of the Government of the Federation as by law established and of any officer set over me, whilst I am serving in the office of police officer; and that I will use my best endeavours for the preservation of peace and the apprehension of offender against the peace and that I will in all respects to the best of my skill and knowledge discharge all duties of the said office according to law.
…………………………………..
Signature of declarant
AFFIRMED and DECLARED at…………….. the …………………. day of ………………………………………19 ……
Before me
………………………………………………….
Signature and appointment of person authorised
Section 2
SECOND SCHEDULE
Nature of Oath |
Persons to take Oath |
Persons to tender Oath |
Oath of Allegiance |
Chief Justice of Nigeria Ministers Parliamentary Secretaries Attorney-General of the Federation Justices of the Supreme Court President and Justices of the Court of Appeal Chief Judge and Judges of The Federal High Court Army Chief of Staff Naval Chief of Staff Air Chief of Staff Directors-General Inspector-General of Police |
The President or the Chief Justice of Nigeria
|
The President of the Senate The Speaker, Senators, |
The President or the Clerk of the National Assembly or clerk of the particular House as the case may be |
|
Members of the House of Representatives,
|
The President of the Senate or the Speaker or Clerk of the National Assembly or clerk of the particular House as the case may be |
|
Persons naturalised and all others to take the oath |
Persons authorised by the President and officers authorised by the President and empowered to delegate authority in respect of the Forces and the Police; |
|
Oath of Office of President |
The President |
The Chief Justice of Nigeria |
Oath of Member of National Council of Ministers |
Members of the Council |
The President |
Oath of Minister or Parliamentary Secretary |
Ministers Parliamentary Secretaries |
The President |
Judicial Oath |
Chief Justice of Nigeria Commissioners of Inquiry and Tribunals |
The President Chief Justice of Nigeria
|
Oath of Member of Senate or Member of House of Representatives |
Senators |
The President of the Senate or the Speaker or Clerk of the National Assembly or clerk of the particular House as the case may be.
|
Oath of officer of National Council of Ministers |
Secretary to the Council Deputy Secretary to the Council |
The President or the person presiding at the first meeting of the Council of Ministers after the appointment of the person to take the oath |
Official Oath |
The President of the Senate Attorney-General of the Federation Members of the Police Service Commission Members of the Civil Service of the Federation other than Directors- General and those in categories exempted by the Federal Civil Service Commission by notice in the Federal Gazette |
The President or a person authorised by him;
the Clerk of the National Assembly; the head of the Ministry or Institution or Department or a person authorised by him
|
Oath of Secrecy
|
All members of the Civil Service of the Federation |
Head of a Ministry or a person authorised by him
|
Armed Forces Oath |
Members of the Armed Forces of the Federation |
The Chief of Staff of the Army or local Force concerned or any officer authorised by him
|
Local Forces Oath |
Members of the Local Forces | |
Police Oath Police Declaration |
Members of the Police Force |
The Inspector-General of Police or any officer authorised by him |
Court Proceedings Affidavit
|
A witness before a competent Court or before a Commission of Inquiry
|
Clerk of the Court or the secretary to the Commission as the case may be the Supreme Court or of the Federal High Court authorised in that behalf by the Chief Judge of the Court concerned
|
Section 16(2)
Third Schedule
Enactments Repealed
Chapter
A |
Short Title
B |
Extent of Repeal
C |
|
Cap. 142 of 1908 Laws of Nigeria | Oaths and Affirmations | The whole Act | |
Cap 143 of 1908 Laws of Nigeria | Official Oaths Act | The whole Act |
SUBSIDIARY LEGISLATION
No Subsidiary Legislation