Statutory Declaration and Affidavit in Ghana: How to Obtain Them Legally

In Ghana, the words “affidavit” and “statutory declaration” are often used interchangeably, but the law draws a sharp line between them. Understanding that line matters, because using the wrong document for the wrong purpose can invalidate your application, delay a court case, or leave you with a document that carries no legal weight. Here is how both work, when each is required, and what it costs to obtain them.

The Legal Distinction: When You Need an Affidavit, and When You Need a Statutory Declaration

The Statutory Declarations Act, 1971 (Act 389) sets out the rule clearly. After the commencement of the Act, an affidavit shall not be sworn for a purpose except where it relates to a proceeding, an application, or any other matter commenced in a court or referable to a court, or where an enactment authorises an affidavit to be sworn .

For everything else, you use a statutory declaration.

The Act goes further. If a person swears an affidavit for a purpose other than a court-related matter, that affidavit is nevertheless treated as a statutory declaration for all legal purposes . The fees payable for taking an affidavit are the same as those payable for making a statutory declaration.

In plain language: If you are swearing a document for a court case, an application to a court, or a matter that an Act of Parliament says requires an affidavit, use an affidavit. If you are swearing a document for a bank, an embassy, the NIA, a school, or any non-court purpose, use a statutory declaration.

The practical consequence is significant. A statutory declaration made outside the court context is legally valid. An affidavit sworn for a non-court purpose is also valid, but it is treated as a statutory declaration—so there is no advantage to swearing an affidavit when a statutory declaration will do.

What Is an Affidavit?

An affidavit is a written statement of facts, sworn or affirmed before a person authorised to administer oaths. The person making the statement is called the deponent.

The Oaths Act, 1972 prescribes the form. The deponent swears: “I, [name], do hereby solemnly swear by almighty God that this is my name and handwriting and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth” .

The affidavit must be signed in the presence of the Commissioner for Oaths, who attaches a jurat—the certificate stating when, where, and before whom the affidavit was sworn. The Oaths Act includes specific forms for blind or illiterate deponents, deponents physically incapable of signing, deaf and dumb deponents, and interpreters .

Where Affidavits Are Used

Affidavits are the standard vehicle for placing evidence before Ghanaian courts in interlocutory applications—injunctions, summary judgment, applications to set aside default judgment, and similar matters. They allow the court to decide procedural questions on the documents alone .

When filing an affidavit in court, you must follow the registry’s requirements on the number of copies, pagination, and service on the other parties. The procedure is governed by the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and current practice directions .

Where affidavit evidence conflicts on a material point, the court may require the deponent to attend for cross-examination. If the deponent fails to attend when required, the weight given to the affidavit can be reduced or eliminated .

What Is a Statutory Declaration?

A statutory declaration is a formal statement of fact, made in writing and signed by the declarant in the presence of an authorised officer, such as a Commissioner for Oaths or Notary Public.

It is the document you use for non-court purposes: confirming your marital status for an embassy, declaring your address for an official application, confirming your identity for a bank, or supporting a name change application.

The Ghana Embassy in Senegal describes the standard process for a statutory declaration confirming that an applicant is not married: the oath is sworn by a family member before a Commissioner of Oaths or Notary Public, then attested by the Judicial Service, then by the Ministry of Foreign Affairs, before being submitted to the embassy. This illustrates the typical multi-step attestation chain required for documents destined for foreign use.

Statutory Declarations in Practice

The Act allows a person wishing to depose to a fact for a non-court purpose to do so by means of a statutory declaration . This is the legal basis for the many statutory declarations used in everyday Ghanaian administrative life.

For name changes, for example, the NIA requires a Gazette Notification, which itself is based on a sworn declaration. For birth certificate corrections, a statutory declaration may be required to support the correction. For land transactions, statutory declarations are used to confirm ownership and the absence of encumbrances .

How to Obtain an Affidavit or Statutory Declaration in Ghana

The process is the same for both documents, with one difference: the affidavit must be for a court-related purpose.

Step 1: Draft the Document

The document should state the facts in numbered, first-person paragraphs. Keep argument out. If you are relying on facts not within your personal knowledge, identify the source and the basis for your belief .

For an affidavit, the heading must identify the court and the suit number. For a statutory declaration, the heading identifies the declarant and the purpose.

Step 2: Appear Before a Commissioner for Oaths or Notary Public

You must sign the document in the presence of the authorised officer. The officer will administer the oath or affirmation, then sign and stamp the jurat.

Commissioners for Oaths are typically court registrars, lawyers, and certain public officers. Notaries Public are private practitioners authorised to notarise documents. For documents intended for use abroad, a Notary Public is usually preferred, because the notarisation itself authenticates the signature and capacity of the commissioning officer.

Step 3: Pay the Prescribed Fee

The fees for swearing an affidavit or making a statutory declaration are set by the Civil Proceedings (Fees and Allowances) (Amendment) Rules, 2014. The fee is GH¢20.00 for swearing an affidavit or making a statutory declaration, except under section 18 of the Auction Sales Act, 1989 (PNDCL 230) or where otherwise specifically charged, for each deponent .

Some Commissioners for Oaths may charge additional amounts for documents that run to many pages or carry numerous exhibits, as some officers price by length or by the number of exhibits endorsed. Always obtain and retain a receipt for any fee paid.

Step 4: Attestation for Foreign Use (If Required)

If the document is destined for use outside Ghana, commissioning before a local Commissioner for Oaths is usually not enough. Foreign authorities typically require a higher level of verification.

The standard chain is:

1. Notarisation by a Notary Public in Ghana

2. Attestation by the Judicial Service of Ghana, confirming the signature of the Notary Public or Commissioner of Oaths

3. Legalisation by the Ministry of Foreign Affairs and Regional Integration, confirming the signature of the Judicial Secretary

4. Consular legalisation at the relevant embassy or high commission, where required

The exact requirements vary by destination country. Confirm the receiving authority’s expectations before starting, to avoid rework and delay.

Common Uses of Statutory Declarations in Ghana

Marital status declarations. Embassies and foreign authorities often require a statutory declaration confirming that an applicant is not married. The Ghana Embassy in Senegal lists this as a standard requirement for attestation and legalisation of documents.

Land transactions. Statutory declarations are used to confirm ownership of land, the absence of encumbrances, and the authority of a company representative to depose on the company’s behalf .

Name changes. The declaration supporting a name change is the foundation for the Deed Poll and Gazette publication.

Birth certificate corrections. A statutory declaration may be required to support a correction of details on a birth certificate.

Bank and administrative requirements. Banks, schools, and government agencies may require a statutory declaration to confirm facts that cannot be verified through other documents.

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Last Updated on October 25, 2026 by Samuel Kwame Boadu

Samuel Kwame Boadu

Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of Accra Street Journal, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.

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