Commissioner for Oaths or Notary Public? Knowing which you need

Two officers, overlapping powers

Both are appointed by the Chief Justice. A Commissioner for Oaths is appointed by Executive Instrument for a specified area under regulation 56 of the Judicial Service Regulations, 1963 (L.I. 319). A notary public is appointed under section 1 of the Notaries Public Act, 1960 (Act 26).

Their powers overlap. Section 9(1) of the Oaths Act, 1972 (NRCD 6) allows judges, magistrates, the Judicial Secretary, notaries public and Commissioners for Oaths to administer oaths and to take affirmations and affidavits. Section 4 of the Statutory Declarations Act, 1971 (Act 389) allows either officer to take a statutory declaration.

So the question is rarely who is allowed to take your oath. It is what your document needs, and where it is going.

What a Commissioner for Oaths does

Under regulation 56(2) of L.I. 319, a Commissioner for Oaths may take affidavits and declarations, order the production of documents, and examine witnesses for proceedings in any court. In practice, you will usually find them just outside court premises, and in many law offices.

For documents that will be used in Ghana, such as an affidavit for a Ghanaian court or a statutory declaration for a local bank, registry or employer, a Commissioner for Oaths is usually enough.

What a notary public adds

A notary public can do everything above, and more. Notarial work extends to attesting and authenticating instruments, certifying copies of documents and certifying acts of honour, the functions Act 26 refers to in section 11. A notary is also an officer of the Courts under section 4 of the Act, accountable to the Supreme Court for every notarial act.

For many clients, the key point is this: the notary is the usual first step for documents going abroad. The Consulate-General of Ghana in Hamburg, for example, states that documents must first be notarised by a notary public in Ghana, then certified by the Judicial Service and attested by the Ministry of Foreign Affairs and Regional Integration.

A quick guide

Your document	Usually needs
Affidavit for a case in a Ghanaian court	Commissioner for Oaths or notary public
Statutory declaration for a local bank, registry or employer, for example on a change of name	Commissioner for Oaths or notary public
Any document to be used outside Ghana	Notary public
Certified true copy for a foreign university, employer or authority	Notary public
Power of attorney to be used abroad	Notary public
Contract, deed or consent that a bank, company or foreign party requires to be notarised	Notary public

Signing outside Ghana?

If you are abroad and the document is for use in Ghana, section 10 of NRCD 6 allows an oath or affidavit for a court or matter in Ghana, or for registering an instrument in Ghana, to be taken before anyone authorised to administer oaths in the place where you are. Under section 11, Ghana's ambassadors, High Commissioners and consular officers abroad may also do any notarial act that a notary public may do in Ghana.

Whichever officer you use

• Bring the document unsigned. You sign or swear in the officer's presence.
• Bring valid photo ID, such as your Ghana Card or passport.
• Check the jurat. Section 6 of NRCD 6 requires the officer to state truly in the jurat the place and date on which the oath or affidavit was taken.
• Tell the truth. Making a false statutory declaration, knowingly or recklessly, is a misdemeanour under section 5 of Act 389.

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.