Affidavit Of Witness Of Birth Template for Nigeria

An Affidavit of Witness of Birth is a legally binding document under Nigerian law where a witness swears to the facts surrounding someone's birth. This document is particularly important in the Nigerian legal system where birth registrations may have been delayed or where official birth records are unavailable or incomplete. The affidavit must comply with the requirements of the Nigerian Evidence Act and Oaths Act, and needs to be sworn before a Commissioner for Oaths or other authorized official. It serves as a formal declaration of birth details and can be used for various official purposes including obtaining a birth certificate, passport, or other identity documents.

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What is a Affidavit Of Witness Of Birth?

The Affidavit of Witness of Birth is a crucial document in Nigerian legal practice, particularly in situations where contemporaneous birth registration was not completed or where original birth records have been lost or damaged. This affidavit serves as a sworn testimony to verify the facts of a person's birth, including date, location, and parentage. It is commonly required for various administrative and legal procedures, such as late birth registration, school enrollment, passport applications, and other situations requiring proof of birth details. The document must be executed in compliance with Nigerian federal law, including the Birth, Death, etc. (Compulsory Registration) Act and the Evidence Act 2011. The affidavit must be sworn before a Commissioner for Oaths or other authorized official, making it a formal legal document that carries significant weight in establishing a person's identity and origin.

What sections should be included in a Affidavit Of Witness Of Birth?

1. Title and Court Information: Specifies the court jurisdiction and type of affidavit

2. Deponent Information: Details of the person making the affidavit, including full name, age, occupation, and residential address

3. Relationship Declaration: States the relationship between the deponent and the person whose birth is being testified to

4. Birth Details: Specific information about the birth including date, time, location, and circumstances

5. Parents Information: Full names and details of the parents of the person whose birth is being testified to

6. Basis of Knowledge: Explanation of how the deponent knows about the birth (e.g., present at birth, family member, etc.)

7. Verification Statement: Standard declaration that the information provided is true and correct

8. Jurat: Formal closure including date, location of sworn statement, and commissioner for oaths' details

What sections are optional to include in a Affidavit Of Witness Of Birth?

1. Additional Witnesses: Used when there are multiple witnesses to the birth who can corroborate the deponent's statement

2. Delayed Registration Explanation: Required when the birth registration is being done significantly after the birth event

3. Supporting Facts: Additional information or circumstances that support the testimony of the birth

4. Cultural/Traditional Context: Relevant in cases where the birth occurred in traditional settings or cultural practices need to be explained

5. Medical Practitioner Statement: Used when a medical professional was present at the birth and is providing additional testimony

What schedules should be included in a Affidavit Of Witness Of Birth?

1. Identification Documents: Copies of the deponent's identification documents

2. Supporting Evidence: Any available documentary evidence related to the birth (photos, letters, etc.)

3. Medical Records: If available, any medical records or documents related to the birth

4. Witness Declarations: Additional sworn statements from other witnesses if applicable

5. Traditional Birth Attendant Statement: Written statement from traditional birth attendant if birth occurred outside medical facility

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Witness Statement

Cost

Free to use

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