Declarations
Affidavit or statutory declaration? Knowing the difference
Ghanaian law draws a clear line between affidavits and statutory declarations. Here is where the line falls, and why it matters.
Two similar-looking documents
Both an affidavit and a statutory declaration are written statements of facts, made before an authorised officer such as a notary public. They look alike, and many people use the words interchangeably. In Ghana, however, the Statutory Declarations Act, 1971 (Act 389) sets out when each should be used.
When an affidavit is used
Section 1 of Act 389 provides that an affidavit shall not be sworn for any 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.
An affidavit is sworn on oath, or affirmed, before a person authorised under the Oaths Act, 1972 (NRCD 6), and its jurat must state truly the place and date on which it is sworn.
When a statutory declaration is used
Where section 1 does not apply, section 2 provides that a person wishing to depose to a fact for a purpose may do so by means of a statutory declaration. Statutory declarations are therefore commonly used for out-of-court purposes — for example, declarations about a change of name, or other facts required by a bank, registry, employer or institution.
Section 3 prescribes the form. The declarant states their full name and address and that they “solemnly and sincerely declare” the facts, ending with the words: “and I make this solemn declaration conscientiously believing it to be true, in accordance with the Statutory Declarations Act, 1971.”
Under section 4, the declaration is taken from a person voluntarily making it, and the Magistrate, notary public, commissioner for oaths or other authorised person must personally certify and sign it.
If an institution asks for an “affidavit”. Section 2(2) of Act 389 provides that where a person has sworn an affidavit for a purpose other than one referred to in section 1, the affidavit is nevertheless for all purposes a statutory declaration.
Both are serious
Under section 5 of Act 389, a person who makes a statutory declaration knowing it to be false in a material particular, or which is false in a material particular and made recklessly as to whether it is true or not, commits a misdemeanour. False statements on oath in an affidavit carry their own serious consequences. Read every paragraph before you sign, and correct anything that is not accurate.
Practical points
- Tell the notary what the document is for and who will receive it; this determines the right instrument.
- Bring valid photo ID and any supporting documents the declaration refers to.
- Do not sign in advance; you will sign before the notary.
This article is general information about the law and practice in Ghana as at October 2026. It is not legal advice. For advice on a particular matter, please consult a lawyer.