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Third Party Affidavit Template for Nigeria

A Third Party Affidavit is a formal written statement made under oath by someone who is not a direct party to a legal proceeding but has relevant information or evidence to provide. In the Nigerian legal system, this document must comply with the Evidence Act 2011 and the Oaths Act, and must be sworn before a Commissioner for Oaths or Notary Public. The document contains numbered paragraphs setting out factual information, with the deponent declaring the truthfulness of their statements under penalty of perjury. It serves as admissible evidence in Nigerian courts and can be used in various legal proceedings including civil litigation, administrative matters, and regulatory compliance.

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What is a Third Party Affidavit?

A Third Party Affidavit is a crucial legal document in the Nigerian judicial system, used when an individual who is not directly involved in a legal proceeding needs to provide formal testimony or evidence. This document type is governed by Nigerian federal legislation, particularly the Evidence Act 2011 and the Oaths Act, and must be executed before authorized officials such as Commissioners for Oaths or Notaries Public. It is commonly used in situations requiring independent verification of facts, expert testimony, character references, or confirmation of events witnessed by someone not party to the case. The affidavit must follow strict formatting requirements and include specific components such as proper identification of the deponent, clear statement of facts, and proper attestation. The document's admissibility in Nigerian courts makes it a vital tool in various legal proceedings, from civil litigation to regulatory compliance.

What sections should be included in a Third Party Affidavit?

1. Title and Court Details: Specifies the court, case number (if applicable), and parties involved in the matter

2. Deponent Information: Full name, age, nationality, occupation, and address of the person making the affidavit

3. Oath Statement: Formal declaration that the content is sworn to be true

4. Capacity Statement: Establishes the deponent's relationship to the matter and authority to make the statement

5. Facts and Circumstances: Numbered paragraphs containing the substantive content of the affidavit

6. Verification Statement: Declaration that the facts stated are true to the best of the deponent's knowledge

7. Jurat/Attestation: Official certification by the authorized officer, including date, place, and signature

What sections are optional to include in a Third Party Affidavit?

1. Preliminary Objections: Used when there are jurisdictional or procedural issues that need to be addressed

2. Expert Qualifications: Required when the deponent is providing expert testimony or professional opinions

3. Translation Certificate: Needed when the affidavit includes documents in languages other than English

4. Relief Sought: Included when the affidavit is supporting a specific court application or relief

5. Prior Proceedings: Required when referencing relevant previous court proceedings or related legal matters

What schedules should be included in a Third Party Affidavit?

1. Documentary Exhibits: Referenced documents, photographs, or other physical evidence mentioned in the affidavit

2. Identity Documents: Copies of relevant identification documents of the deponent

3. Supporting Certificates: Professional qualifications, licenses, or other relevant certificates

4. Referenced Correspondence: Copies of relevant letters, emails, or other communication mentioned in the affidavit

5. Prior Court Orders: Copies of relevant court orders or judgments referenced in the affidavit

Authors

Alex Denne

Advisor @ 蜜桃传媒AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Document Type

Affidavit

Cost

Free to use

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