The Declaration of Witness is a crucial legal instrument in Nigerian legal practice, used to document formal testimony from individuals who have direct knowledge of specific facts or events. This document type is governed by the Nigerian Evidence Act 2011, the Oaths Act, and related legislation, requiring proper execution before authorized officials such as Commissioners for Oaths or Notary Publics. It's commonly used in court proceedings, administrative hearings, internal investigations, insurance claims, property matters, and various corporate contexts. The declaration must include specific components such as the witness's identification, basis of knowledge, and a formal statement of truth. It serves as a permanent record of testimony and can be used as evidence in legal proceedings, making it essential for preserving witness accounts in a legally acceptable format.
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1. Title and Jurisdiction: States that this is a Declaration of Witness and specifies the jurisdiction (Nigeria)
2. Declarant Information: Full legal name, address, occupation, and any relevant identifying information of the witness making the declaration
3. Basis of Knowledge: Establishes how the witness came to know the facts they are declaring and their relationship to the matter
4. Statement of Truth: Formal statement confirming that the contents are true to the best of the declarant's knowledge and belief
5. Facts and Events: Chronological or logical presentation of the facts being testified to, with specific dates, times, and details where applicable
6. Declaration and Signature: Formal declaration statement, signature of the witness, and date
7. Attestation: Authentication by a qualified official (such as a notary public or commissioner for oaths)
1. Exhibits Reference: Section referring to any attached documents or evidence, used when the declaration needs to reference supporting materials
2. Language Confirmation: Statement confirming that the declaration was made in a language understood by the declarant, used when the witness's first language is not English
3. Previous Statements: Reference to any previous statements made by the witness on the same matter, used when there are multiple declarations or testimonies
4. Capacity Statement: Statement confirming the mental and legal capacity of the witness, used in cases where capacity might be questioned
5. Security Statement: Statement regarding any threats or inducements, used in sensitive cases or criminal matters
1. Exhibit A, B, C, etc.: Referenced documents, photographs, or other physical evidence mentioned in the declaration
2. Appendix 1 - Identity Documents: Copies of identification documents of the witness
3. Appendix 2 - Qualification Documents: Copies of relevant qualifications or credentials, if the declaration requires expert testimony
4. Appendix 3 - Supporting Documents: Any additional documents that support or clarify the facts stated in the declaration
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