The effect of an affidavit or witness statement on oath without the swearing clause in Nigeria.

The swearing clause is a fundamental requirement of every affidavit or witness statement on oath. There have been instances where processes are filed without counsel inserting the oath clause. Is this omission a mere irregularity or fatal to the case? The oath Act 2004 provides that all Oaths must be in accordance with the oath …

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PROCEDURE FOR ADOPTING WITNESS STATEMENT ON OATH

  Distinction between affidavit and witness statement on oath. There has been a lot of confusion with respect to affidavits and written statement on oath hence the need to create an apt distinction. Affidavit evidence needs no adoption, unlike witness statement on oath i.e. once filed affidavit becomes evidence whereas witness statement on oath requires …