Relocating abroad as a Nigerian often involves extensive paperwork, including various affidavits that serve as legal proof of your personal claims or declarations. Affidavits are sworn statements typically deposed at a competent court of justice in Nigeria and validated by the court’s Commissioner for Oaths, and they are essential for establishing credibility in foreign countries. This guide by Antarch Consulting explores the most common types of affidavits for Nigerians in the diaspora or those planning to relocate abroad – which they may need for various purposes – and provides a step-by-step approach to obtaining them.
Why Nigerians Relocating Abroad May Need an Affidavit
Affidavits provide proof for matters such as single status, property ownership, or name changes, declaration of age and other purposes which help Nigerian citizens comply with international documentation standards. Each affidavit serves a unique purpose and is often required in situations involving legal or official claims. Here are some of the most commonly needed affidavits for Nigerians abroad or those intending to travel overseas for work, study, marriage or residency.
Common Types of Affidavits Needed by Nigerians Abroad
Affidavit of Single Status
For Nigerians planning to get married abroad, an affidavit of single status, also known as an affidavit of bachelorhood or spinsterhood, is often necessary. Many countries require proof that an immigrant is not currently married in their home country (in this case Nigeria) in order to issue a marriage license. This affidavit confirms that the applicant is legally single in Nigeria and free of any impediment preventing them from marrying, ensuring compliance with marriage regulations in foreign jurisdictions.
To obtain an affidavit of single status, you must provide a valid identification document, such as a passport, and any supporting documentation that can verify your current marital status. The affidavit is typically processed at a local High Court of Justice, where it is signed and stamped by the Commissioner for Oaths. It is often a prerequisite for obtaining a bachelorhood or spinsterhood letter/certificate from a local government authority in Nigeria.
Affidavit for Statutory Declaration of Age
The statutory declaration of age affidavit goes hand in hand with birth certificates issued to Nigerians or individuals born in Nigeria who are 18 years and above. This type of affidavit is essentially a declaration that you were born on a given date (day, month and year) in a specific location in Nigeria, indicating the town/city, local government and state in Nigeria where you were born.
You may depose to this affidavit of statutory declaration of age by yourself, or if you are outside Nigeria, you may need to have a parent (father or mother) a significantly older sibling (who is at least 10 years older than you), or your parent’s sibling as deponent to this affidavit. This parent or sibling will essentially swear that they are sure you were born on the indicated date and at the specified location in Nigeria.
The statutory declaration of age affidavit is typically required in order to apply for and obtain a birth certificate (Birth Attestation Certificate) from the National Population Commission (NPC) in Nigeria, which is the official birth certification document accepted by all foreign authorities.
Affidavit of Property Ownership
This type of affidavit is crucial for Nigerians who own property in Nigeria and need to declare ownership, especially if they are relocating permanently or temporarily, or living in certain countries abroad. It serves as a formal declaration that the individual is the rightful owner of the specified property, which is particularly useful if there are any legal questions about ownership.
To obtain an affidavit of property ownership, you will need to present documents proving ownership, such as title deeds or purchase agreements. The affidavit should clearly describe the property, including its location, dimensions, and any distinguishing features. A lawyer can help draft this affidavit to ensure all legal requirements are met. In addition to the affidavit being signed and stamped by the High Court commissioner for oaths, it is also often required to be notarized by a Notary Public.
Affidavit of Name Change
For Nigerians who have changed their name due to marriage or other reasons, an affidavit of name change helps ensure consistency across all legal documents, especially for immigration purposes. Having this affidavit simplifies the process of proving that documents with different names refer to the same person, which is essential when filing for certain applications abroad.
You will need identification documents bearing both your old and new names. The affidavit of name change must clearly state the previous name and the new name, with a declaration that the two refer to the same individual. This affidavit can be prepared by a lawyer, notarized and deposed at a High Court.
Affidavit of Name Correction
Affidavit of name correction is another very important type of affidavit for Nigerians in the diaspora. This correction of name affidavit is essential in a situation where you have inconsistences in your name across different documents.
For example, your name may have been misspelt or abbreviated or parts of it omitted in an important document such as your WAEC, Degree Certificate, and so on, which does not tally with the exact name on your international passport. This may land you in trouble with a prospective employer or other corporate or regulatory entity which needs to be 100 percent sure that the document you presented belongs to you according to the name on your primary identification document which is your international passport.
Therefore you would need to depose to a name correction affidavit at a High Court in Nigeria, essentially stating your correct name, indicating that your name was misspelt in the specific document in question, and then affirming the fact that both names describe the same person. The High Court commissioner for oaths would need to sign and stamp the name correction affidavit, after which it should be notarized by a notary public.
Affidavit of Parental Consent for Minors
For children traveling or relocating abroad, especially without both parents or guardians, an affidavit of parental consent is often required. This affidavit provides proof that the child’s parents or legal guardians have given permission for the minor to travel or reside in a foreign country.
Parents or guardians must provide their identification documents (international passport or NIN), as well as the child’s birth certificate. This affidavit, which is also deposed at a High Court in Nigeria and signed by the commissioner of oaths, should explicitly state the parent or guardian’s consent, including specific travel dates and destinations. The document should also be notarized by a certified notary public to ensure it conforms to the ideal standards of legality.
Step-by-Step Guide to Obtaining an Affidavit in Nigeria
Step 1: Gather the Necessary Documents and Information
Each type of affidavit requires specific documents. Ensure you have all required information and documentation ready, such as passport photograph, identification, supporting documents (depending on the type of affidavit required), and any previous legal records.
Step 2: Visit a High Court of Justice
Most affidavits can be processed at a High Court in Nigeria. The High Courts each have designated Commissioners for Oaths who are responsible for validating affidavits for use locally and internationally. However, note that there are two broad types of affidavits in Nigeria: the newer digital affidavits with QR codes which can be instantly validated online, and the older ‘analogue’ affidavits with just the stamp and signature of the commissioner for oaths.
Apparently, the digital affidavits are mostly issued by the Federal Capital Territory (FCT) High Court in Abuja, while most other states in Nigeria still issue the older non-digital affidavits. The FCT High Court even has a website where affidavits obtained in Abuja can be validated (along with the option for validating the QR codes). For this reason, many embassies and foreign authorities tend to grant faster approval to affidavits issued by the FCT High Courts
Step 3: Drafting the Affidavit
In some cases, you may need the assistance of a lawyer to draft the affidavit in order to make sure the wordings and declarations capture the purpose for which you need the affidavit. The draft should be clear, legally sound, and free from contradictions or ambiguity. Lawyers can help ensure the affidavit meets all legal requirements.
Step 4: Signing and Notarization
The final step involves signing the affidavit in front of a Commissioner for Oaths, and then ensuring that the commissioner signs and stamps the document with the official seal of the High Court. Thereafter, you may need to get a notary public to notarize the affidavit, giving it an additional layer of legal validity. Also make sure to keep copies for your records, just in case.
Tips for Using Affidavits Abroad
Check Translation Requirements
In some countries, affidavits may need to be translated into the local language. If this is the case, ensure the translation is done by a certified translator to ensure accuracy and avoid complications.
Authenticate the Affidavit at the Ministry of Foreign Affairs
In many cases, you may need to get the affidavit authenticated by Nigeria’s Ministry of Foreign Affairs in order for it to be valid for use in your country of residence. This is particularly true for most countries in the European Union, across Europe, the Middle East, Asia (China), and South/Central America.
Confirm with Embassy or Consulate
Each country may have unique requirements for accepting affidavits. Check with the embassy or consulate of your destination country to confirm if additional steps are necessary, as some may require further legalization or apostille, in which case you may also need to have the affidavit legalized by that country’s embassy in Nigeria.
Conclusion
Affidavits are essential for proving specific claims or declarations, especially when living in or planning on relocating abroad. Obtaining the correct affidavits for Nigerians and ensuring they comply with all legal standards/requirements is imperative for different reasons and purposes relating to residency, work, study and marriage for Nigerians abroad. Antarch Consulting offers expert guidance and support in this regard. Contact us to discuss how we can help with your documentation needs.