Official Oaths Law

1. Short title This Law may be cited as the Official Oaths Law.

2. Forms of Oath The Oaths in this Law referred to as the Oath of Allegiance, the Commissioners Oath; the Judicial Oath, the Oath of Office and the Oaths of Secrecy, shall be as in the forms set out in the First Schedule hereto. [first Schedule]

3. Oaths of Ministers The Oath of Allegiance and the Commissioners Oath shall be taken by each Commissioner as soon as may be after his appointment and shall be tendered by- (a) the Governor; or (b) a person presiding at a meeting of the Executive Council.

4. Oaths of Officers named in Part I Second Schedule The Oath of Allegiance, the oath of Office and the Judicial Oath shall be taken by each of the officers named or included in Part 1 of the Second Schedule hereto as soon as may be after his appointment, before the person designated in the said Schedule.

5. Oaths of Officers named in Part 2 Second Schedule The Oath of Allegiance and the Oath of Office shall be taken by each of the officers named or included in Part 2 of the Second Schedule hereto as soon as may be after his appointment, before the person designated in the said Schedule.

6. Oaths of Officers names in Part 3 Second Schedule The Oath of Allegiance and the Judicial Oath shall be taken by each of the officers named or included in Part 3 of the Second Schedule hereto as soon as may be after his appointment, before the person designated in-the said Schedule. ...... Section 41 of the Constitution of Delta State which requires a member of the executive Council established by that constitution, Minister of the Government or Parliamentary secretary, to take certain oaths before entering on the duties of his office, does not apply in relation to members of the Executive Council established by the Constitution (Basic Provisions) Decree, 1975 No .32

7. Oaths of Personal Assistant and Secretaries to Commissioners. The Oath of Allegiance, the Oath of Office and the Oath of Secrecy set out in the First Schedule hereto shall be taken by each Personal Assistant or Secretary to Commissioners as soon as may be after his appointment and by such other officers as shall be designated by the Governor from time to time, and shall be tendered by- (a) the Governor; or (b) a person presiding at a meeting of the Executive Council.

8. Oaths of Secretary to Governor and head of the Service and the Deputy Secretary to Executive Council The Oath of Secrecy set out in the First Schedule hereto shall be taken by the Secretary to the Government and Head of the Service and the Deputy Secretary to the Executive Council (if any) as soon as may be after their appointment and shall be tendered by: (a) the Governor; or (b) a person presiding at a meeting of the Executive Council.

9. Oaths in respect of classified information. 1975 No. 14 LBSN1976 Cap. 108 The Oath of Secrecy set out in the Third Schedule hereto shall be taken by all public officers allowed access to classified information as soon as may be after their appointment before the person designated in the said Schedule.

10. Provision as to taking oaths more than once (1) Where the Oath of Allegiance has been taken in the State by an officer it shall not, save as hereinafter provided, be necessary for such officer again to take the Oath of Allegiance unless the Governor shall so direct. (2) Where the Oath of Office has been taken by an officer it shall not be necessary for that officer again to take the Oath of Office in respect of any subsequent appointment to the same office: Provided that where the Oath of Office was taken by the officer in respect of an office he was holding in an acting or temporary capacity and such officer is subsequent1y appointed as the substantive holder of that office he shall upon such subsequent appointment be required to take the Oath of Office. (3) Every person appointed as a Commissioner who is required in accordance with section 3 to take the Oath of Allegiance shall notwithstanding that he may have taken the Oath of Allegiance in some other capacity, again take the Oath of Allegiance upon his first appearance at a meeting of the Executive Council. (4) Every person who has been appointed as a Commissioner if again appointed as a commissioner shall at his first appearance at a meeting of the Executive Council after his reappointment again take Oath of Allegiance.

11. Effect of not taking the required oath If any person declines or neglects, when any oath required to be taken by him under this Law is duly tendered, to take such oath he shall, if he has already entered on his office, vacate the same, or if he has not entered on his office, be disqualified from entering on the same.

12. Repeal and saving L of N 1948, Cap. 163 I.BSN 1976 Cap. 108 (1) The Official Oaths Ordinance is hereby repealed. (2) Nothing in this Law shall affect the validity of any oath taken under the provisions of the Ordinance hereby repealed and any such oath shall be deemed to have been taken under the provisions of this Law and shall be as effectual and binding in the same manner and to the same extent as if taken under the provisions of this Law. Schedule 1 OFFICIAL OATHS LAW [1976 No. 3 LBSN 1976 Cap 108] Oath of Allegiance I...... swear that I will be faithful and bear true allegiance to the Delta State of Nigeria and that I will preserve, protect and defend the Constitution. So help me God. Oath of a Commissioner I...... being appointed a Commissioner of the Government of the Delta State of Nigeria swear that I will at all times well and truly serve the State in the office of a Commissioner and that I will support and uphold the Constitution of the State as by law established; and that I will to the best of my judgment at all times when thereto required freely give of my counsel and advice to the Governor of the Delta State of Nigeria and his successors in office as by law established for the good management of the public affairs of the State; 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 office I...... swear that I will at all times well and truly serve the Delta State of Nigeria in the office of ..... and that I will support and uphold the Constitution of the Federal Republic of Nigeria as by law established. So help me God. Judicial Oath I.... swear that I will well and truly exercise the judicial functions entrusted to me and will do right to all manner of people in accordance with the Constitution of the Federation as by law established and in accordance with the laws and usages of the Delta State of Nigeria without fear or favour, affection or ill will (add for Commissioners where necessary and in proper case I will not divulge the proceedings or the vote or opinion of any Commissioner). So help me God. 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 Governor. So help me God. Schedule 2 OFFICIAL OATHS LAW (Amended by W.N 4 of 1962) PART 1 Administrative Officers - Before the governor or such such other officers exercising - other officers as the Governor executive and judicial functions may appoint as shall be designated by the Governor from time to time. PART 2 Deputy Governor, ) Attorney-General ) such other officers as ) - Before the Governor shall be designated ) by the Governor from) time to time. PART 3 Chief Judge .... .... Before the Governor Judges of the High Court .... .... Before the Governor or the Chief Judge Magistrates Persons appointed .... Before the Governor, the to sit with Magistrates in Juvenile ...... Chief Judge or such officer as the Courts and justices of the Peace ....... Governor may appoint Schedule 3 OFFICIAL OATHS LAW OATH OF SECRECY [1975 No. 14 LBSN 1976 Cap. 108] I ..... swear that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought for my consideration or come to my knowledge in the discharge of my official duties except as may be required for the discharge of such official duties or as may be specially permitted by the Governor. So help me God. Date Name, Rank and Signature of Officer Taking the Oath Before whom Oath is taken Secretary to Governor and Head of Service or Chairmen and General Managers of Boards of Statutory Corporations and State-owned companies or Permanent Secretaries or Heads of departments, Chairmen of Local Government; Councils the State Security Officer and Departmental Security Officers as the case may be.