From The Court Registry Queue To Your Screen: How Oaths And Affidavits In Nigeria Are Entering The Digital Age

If you have ever visited a Nigerian court registry to swear an affidavit, the experience is almost universal. You walk into the court premises, locate the registry, wait in line with several others holding documents, and eventually stand before a Commissioner for Oaths to affirm that the contents of your affidavit are true. The document is stamped, signed, and officially becomes part of the legal record.

For decades, this routine has been the ordinary gateway through which many Nigerians interact with the justice system. Whether it is a change of name affidavit, a declaration of age, an affidavit for loss of a SIM card, or one required for official documentation, the process has always been physical, manual, and often time-consuming.

However, something remarkable is quietly happening in Nigeria's legal system. The oath, one of the oldest and most solemn acts in law, is gradually moving from the courthouse desk to the digital screen.

The Legal Foundation: The Oaths Act

At the heart of oath-taking in Nigeria lies the Oaths Act, originally enacted in 1963 as Act No. 23 of 1963. It came into force on 1 October 1963, the same day Nigeria became a republic.

The timing was significant. With the end of colonial authority and the birth of a republican government, Nigeria required a clear legal framework for how officials, witnesses, and citizens would swear allegiance, testify in court, and make sworn declarations.

The Act later became Cap O1, Laws of the Federation of Nigeria 2004, and it remains the primary law governing how oaths and affirmations are administered in federal courts and proceedings.

The Act provides for several important things. It authorises specific persons such as judges, magistrates, and commissioners for oaths to administer oaths. It also recognises affirmations for individuals who prefer not to swear religious oaths. Most importantly, it establishes the legal principle that once a statement is made under oath, the person making it is bound by law to tell the truth.

While the federal law provides the general structure, many Nigerian states have enacted their own Oaths Laws such as Lagos State, Delta State, River State etc to regulate oath-taking within their judicial systems. For many years, the process remained unchanged. If you needed an affidavit, you physically appeared in court.

The Need for Change

Over time, the realities of modern life began to challenge the traditional oath-taking system. Court registries became increasingly crowded with individuals seeking routine affidavits, all processed manually through slow and time-consuming procedures.

At the same time, the world was rapidly embracing digitalisation from banking services and government processes to identity verification and even court hearings. It became increasingly clear that the administration of oaths needed to evolve with the times to remain efficient, accessible, and in step with modern legal and technological standards.

The First Step Toward Modernisation

One of the early attempts at reform came with the Oaths (Amendment) Act 2016, which updated aspects of the original legislation. However, the real turning point came with recent reforms in 2023, which recognised the growing role of technology in legal processes. These reforms introduced provisions that allow digital and electronic oath-taking, including the possibility of administering oaths through audiovisual communication platforms.

This development meant that in appropriate circumstances, a person may no longer need to stand physically before a commissioner for oaths in a courtroom. Instead, the oath could be administered through secure digital platforms while still preserving the legal seriousness of the declaration.

In simple terms, the law began to acknowledge that truth can be sworn not only in person, but also through technology.

Virtual Oaths: A New Reality

The COVID-19 pandemic in 2020 accelerated the adoption of digital solutions in the courts. Courts began recognising electronic service via SMS, email, and WhatsApp as valid, particularly following the Supreme Court's validation of SMS for hearing notices in Compact Manifold & Energy Services Ltd v Pazan Services Nig Ltd. This shift acknowledges modern technology, provided there is proof of receipt and the device belongs to the party.

By October 2025, several High Courts, particularly in Lagos and other major states, had adopted virtual affidavit procedures.

Under this system, individuals may swear to affidavits remotely through audiovisual platforms supervised by court officials. The process retains the core legal requirement: the person must still declare that the contents of the affidavit are true and understand the legal consequences of making a false statement. The difference is that this declaration can now occur without physically visiting a court registry.

This shift has important practical benefits.

For many Nigerians, especially professionals, business owners, or individuals living far from court locations, the ability to complete affidavit procedures remotely saves time and removes unnecessary stress. It also reduces congestion in court registries and allows court staff to focus more on judicial matters.

Lagos State and the Electronic Affidavit System

Perhaps the most visible transformation is taking place in Lagos State, which has taken bold steps toward judicial digitalization.

Beginning 1 June 2025, the Lagos State Judiciary introduced a policy requiring general affidavits to be processed electronically through the Lagos State Court Management Information System (LagosCoMiS).

Under this system, affidavits for routine purposes such as:

1. change of name
2. declaration of age
3. loss of SIM card
4. loss of documents

are initiated and processed electronically through the court's digital platform.

Instead of the traditional method of handwritten forms and manual stamps, the process is now integrated into a digital case management system that records, verifies, and stores the affidavit within the court's electronic database.

This initiative is part of a broader effort by the Lagos judiciary to modernise court administration and improve efficiency across the justice system.

Does Technology Reduce the Seriousness of an Oath?

A common concern is whether digital oath-taking reduces the solemnity traditionally associated with swearing an oath.

The answer is no.

The essence of an oath has never been about the location where it is taken. It has always been about the legal responsibility attached to the declaration.

Whether sworn physically before a commissioner for oaths or electronically through a court-approved platform, a false statement made under oath still amounts to perjury, which carries serious legal consequences.

Technology simply changes the method of administration. It does not change the legal weight of the words being sworn.

A Justice System Adapting to the Future

The gradual shift from physical affidavits to electronic oath systems represents something larger than administrative reform. It reflects a judiciary that is adapting to modern realities.

For everyday Nigerians, the change means greater convenience and faster access to legal documentation. For the courts, it means improved efficiency and better record management. For the legal profession, it signals the continuing transformation of how law interacts with technology.

The oath itself remahttp://oal.lawins one of the most powerful acts in law a personal declaration that truth is being spoken and responsibility accepted. What is changing is simply the setting.

Where Nigerians once stood in crowded court registries to swear affidavits, they may now do so through structured digital systems designed for a modern legal environment. In that sense, the law is not abandoning tradition. It is simply allowing tradition to evolve.

References

1. Oaths Act 1963 (Act No. 23 of 1963), Cap O1, Laws of the Federation of Nigeria 2004.
2. Oaths (Amendment) Act 2016.
3. Oaths (Amendment) Act 2023
4. Compact Manifold & Energy Services Ltd v Pazan Services Nig Ltd [2020] LPELR-50023(SC)
5. Lagos State Court Management Information System (LagosCoMiS)
6. Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004
7. Penal Code,
8. Lagos State Oaths Law, Cap O2, 2003
9. Oaths Law of Lagos State 2015

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