LITIGATION: PRACTICAL STEPS IN DRAFTING AN AFFIDAVIT

It is trite that we would be required to draft Affidavit in both civil and criminal litigation.

Affidavit is defined as the s formal written statement setting out the facts of your case. It is the main way you present evidence (facts of the case) to a court.

IN JOSIEN HOLDINGS LIMITED & ORS V LORNAMEAD LTD & ANOR: The court defined an AFFIDAVIT to mean a statement of fact which the maker or deponent swears to be true to the best of his knowledge, information or belief

Guiding Rule Of Affidavit

An Affidavit should not contain;

OOPLAC

a)      Objection

b)      Opinion

c)      Prayer

d)     Legal Argument

e)      Conclusion………. SEE SECTION 115 EVIDENC ACT AND BAMAYI V STATE.

POSER: WHAT SHOULD AN AFFIDAVIT CONTAIN?

a)      Only facts which the deponent has personal knowledge or

b)      Information which he believes to be true and in this instance he must state; the grounds of his belief and state the name and full particulars of his informant.

c)      No legal arguments, conclusion or other extraneous maters must be included.

SEE JOSIEN HOLDINGS LIMITED & ORS V LORNAMEAD LTD & ANOR

            DRAFTING OF AN AFFIDAVIT

1)      Heading of the Court

2)      Suit No.

3)      Parties

4)      Title of the affidavit

5)      Introductory part containing the name and particulars of the deponent

6)      The body of the affidavit to be in numbered paragraphs. State facts only either of personal knowledge or from information believed to be true. VII .Attach exhibits if need be

7)      Oath clause

8)      Signature of deponent

9)      Attestation by a Commissioner of oaths

POSER: WHO CAN DEPOSE TO AN AFFIDAVIT”?

Generally the claimant, defendant or the accused as the case may be. However, in certain circumstance other persons can depose to the affidavit but that other person must state;

a)      He has the consent of the claimant to depose to the affidavit

b)      The time, date he got the information deposed to from the claimant so as to avoid the evidence being Hearsay.

SAMPLE OF AN AFFIDAVIT (I removed some information)

IN THE FEDERAL HIGH COURT OF NIGERIA

                                           IN THE LAGOS JUDICIAL DIVISION                

HOLDEN AT LAGOS

SUIT NO: ................

BETWEEN

MR. PETER SINGER.......................................................................APPLICANT

AND

1.      NATIONAL DRUG LAW ENFORCEMENT AGENCY……. RESPONDENT

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS

I, Mrs. PETER  SINGER, female, adult, Christian, Medical practitioner, and Nigerian citizen of No. 2 Startimes Estate Festac, Lagos do make an oath and state as follows:

1. That I am the wife of the Applicant and by virtue of which I am conversant with the facts of this case.

2. That I have the consent and authority of the Applicant to depose to this affidavit.

3. That the Applicant is in the Federal prisons, Ikoyi Lagos by virtue of which he is unable to depose to this Affidavit himself.

4. That on the 17^th June 2016, I visited the Applicant at about 10am in Ikoyi Prison, Lagos and found him in a terrible condition and he reported the following facts to me, which I verily believe to be true

 that:   

a.       On the 12th of March, 2016, the Applicant was arrested by men of the Nigerian Drug Law and Enforcement Agency at the Muritala Muhammed International Airport and handed over to the police on allegation of drug related offence.

c. He was never charged before any court of law till date since his arrest and detention.

d. Various tests were carried out on him while in custody including body scan, CT Scan, and colonoscopy. A copy of the medical certificate is herein attached as Exhibit A1

e. That his guilt has not been determined by a court.

f. That his life is in endangered by the prison authority since he has not been taken to court.

 8. That the last time I visited the Applicant the prison was full of dead and decayed animals, human excreta and very unhygienic.  

9. That I depose to this affidavit in good faith believing its content to be true and in accordance with the Oaths Act.

Dated this 3^rd Day of March, 2017.

_____________

DEPONENT

SWORN TO AT THE FEDERAL HIGH COURT REGISTRY

THIS 3RD DAY OF APRIL, 2017

BEFORE ME

COMMISSIONER FOR OATHS

N.B: Note the underlined words…….

TAKE NOTE:

The application you drafting will determine the content of your Affidavit

Your Affidavit need not be long but should contain relevant facts in support of your case.

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