Not everyone can put you under oath. Nigeria's Oaths Act sets out a specific, short list of who can take an affidavit, and it is shorter than most people assume.
The list the Oaths Act sets out
Section 10(1) names the Chief Justice, Justices of the Supreme Court and Court of Appeal, a commissioner for oaths, a notary public, or a judge of the Federal High Court or a higher court.
That is the full federal list. Anyone outside it is not legally positioned to administer your oath, however willing they might be.
Commissioners for oaths: the one most people meet
A commissioner for oaths is the role most people actually deal with day to day, since senior judges rarely sit and take routine affidavits. Our guide to finding one in the FCT covers where to look in Abuja specifically.
Judges of the Federal High Court and above
The list also includes judges, from the Federal High Court up to the Supreme Court. In practice, most people encounter this route only inside an active court proceeding, not for a routine personal affidavit.
A senior judge taking a routine affidavit would be unusual outside that setting. The role exists on the list mainly for cases already before the court, rather than as a first stop for an ordinary application.
Where a notary public fits in
A notary public sits on the same statutory list as a commissioner for oaths. Nigeria keeps a public register of notaries at notary.gov.ng, which is worth checking if you are ever unsure whether someone claiming to be a notary genuinely is one.
Why Lagos has its own version of this list
Lagos operates its own Oaths Law alongside the federal Act. That state law separately names the Chief Judge, High Court judges and magistrates as people who can also take an affidavit within Lagos.
This does not replace the federal list. It sits alongside it, giving Lagos a slightly wider set of options within the state.
The practical effect is small for most people. Whichever list applies, the person taking your oath should be able to point to the specific role that qualifies them, without you having to ask twice.
Common mistakes
- Assuming any legal professional can take an affidavit. The role has to be one of those named in the Act, not just a law qualification.
- Not checking a notary's registration. A quick look at notary.gov.ng settles doubt quickly.
- Forgetting Lagos has extra names on its list. If you are in Lagos, more options exist than the federal Act alone lists.
Our courts and affidavits hub links the rest of this series, and where and how affidavits work covers the wider process. A vetted partner firm can prepare an affidavit of loss once you know who needs to take your oath.