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Statutory Declarations Law

Delta State 9 sections Full text

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 Statutory Declarations Law.
Section 2
2. Interpretation. In this Law— “commissioner of oaths” includes any person authorised by any written law to administer, receive or take any oath, affidavit, affirmation or statutory declaration; “oath” includes affidavit or solemn affirmation; “statutory declaration” means the declaration of any person voluntarily making the same in pursuance of the provisions of this Law.
Section 3
3. When oaths are not to be administered. It shall not be lawful for any commissioner of oaths to administer or cause or allow to be administered or to take or receive or cause or allow to be taken or received any oath touching any matter or thing whereof such commissioner of oaths has not jurisdiction or cognisance by some written law in force at the time being: Provided that nothing herein contained shall extend to any oath which may be required by any Law or Act at the time being in force within any other part of the Federation of Nigeria, or by the laws of any country outside the Federation, to give validity to instruments in writing designed to be used within such part of the Federation or such country.
Section 4
4. Declaration to be in the form prescribed in Schedule. In all cases where a statutory declaration in lieu of an oath shall have been substituted by any written law or where a statutory declaration is directed or authorised to be made and subscribed under the authority of this Law or any written law, although the same be not substituted in lieu of an oath heretofore legally taken, such declaration, unless otherwise directed by the written law in that behalf, shall be in the form prescribed in the Schedule hereto.
Section 5
5. Commissioner of oaths to take statutory declarations. It shall be lawful for any commissioner of oaths to take and receive any statutory declaration.
Section 6
6. Statutory declarations sufficient to prove execution of instruments. Subject to the provisions of any written law it shall be lawful for any attesting witness to the execution of any will or codicil, deed or instrument in writing and for any other competent person to verify and prove the signing, sealing, publication or delivery of any such will, codicil, deed or instrument in writing by a statutory declaration made in accordance with the provisions of this Law. [5 & 6 Will. 4, c. 62, s. 18.]
Section 7
7. Saving as to judicial proceedings. Nothing in this Law shall extend or apply to any oath which now is or may hereafter be made or taken in any judicial proceeding in the High Court or any magistrate’s court but all such oaths shall continue to be required and to be administered, taken and made as well and in the same manner as if this Law had not been passed. [5 & 6 Will. 4, c. 62, s. 7.]
Section 8
8. Penalty. Any person who knowingly and willfully makes or signs any statutory declaration which is false in any material particular shall be deemed to be guilty of an offence under section 191 of the Criminal Code. [Cap. C21.] STATUTORY DECLARATIONS LAW [Section 4.] Form of Declaration I, A.B. (address, occupation), do solemnly and sincerely declare that.................................. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Law. Declared at.......................this....................... day.........................of..........................
Section 20
20............. ' (The same having been read over and explained by...................................................... ...................................................................... Interpreter in the......................................... language to the declarant, who expressed himself *(herself) as having fully understood the same. Before: ................................................ .................................... Signature of Declarant ........................................................................................... Signature and qualification of person before whom declaration is made * Delete if unnecessary

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This page reproduces statutory text for reference. It is not legal advice. Statutes are amended and repealed; check for amending instruments and confirm against the official Gazette or a certified copy before citing in any proceeding.