Oaths and Affirmations Law
Text as published in Laws of Delta State (State e-Laws portal). Reproduced for reference. Verify against the Gazette before relying on it in court.
Section 1
1. Citation
This Law may be cited as the Oaths and Affirmations Law.
Section 2
2. Interpretation
In this Law-
"court" includes any tribunal or person conducting proceedings in which evidence is given
on oath or affirmation.
Section 3
3. 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.]
Section 4
4. 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.
Section 5
5. 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.
Section 6
6. 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.)
Section 7
7. 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 and Laws whether passed before or after the
commencement of this Law.
Section 8
8. Manner of making oath or affirmation
A person may make oath or affirmation in such manner as the court or person authorised
to administer the same shall consider binding on his conscience.
Section 9
9. 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.
Section 10
10. Power to vary Schedules
The Governor may, from time to time, by order published in the State Gazette, vary or add
to the form in the First or Second Schedule, and so that such forms a pay be either in
English or such other language as he may deem necessary or appropriate in any particular
case.
Schedule 1
OATHS AND AFFIRMATIONS LAW
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 OFAFFIRMATION
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 OFAFFIRMATIONFORPERSONOFNO 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.
Schedule 2
OATHS AND AFFIRMATIONS LAW
FORM OF OATH
I swear by Almighty God ......... (followed by the words of the oath prescribed by the
particular Act or Law).
FORM OFAFFIRMATION
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)
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