Affidavits in Ghana 2026: Requirements, Costs and How Courts Use Them

Affidavits in Ghana remain one of the most frequently used evidential tools in civil litigation, and in 2026 both their costs and filing practices continue to attract fresh attention from in-house counsel, corporate litigants and private parties alike. Whether you are supporting an interlocutory application, resisting a summary judgment, or legalising a document for use abroad, understanding how an affidavit must be drafted, commissioned, paid for and filed is essential. This practitioner guide sets out the requirements, the estimated 2026 fee ranges, and the courtroom uses of affidavits, grounded in Ghana’s statutory framework and the practice of the courts administered by the Judicial Service of Ghana. It is written for practical application, not academic theory.

What is an affidavit and why it matters in Ghana

An affidavit is a written statement of facts that the maker (the “deponent”) swears or affirms to be true before a person authorised to administer oaths. Once sworn, it becomes formal evidence that a court can receive and rely upon without the deponent necessarily appearing in person. The use of affidavits in Ghana is well established within the country’s civil procedure framework, principally the High Court (Civil Procedure) Rules, 2004 (C.I. 47), while the admissibility and weight of evidence is informed by the Evidence Act, 1975 (N.R.C.D. 323) and the decisions of the superior courts.

The practical value of an affidavit lies in its efficiency. Instead of calling a witness to give oral testimony on a procedural or uncontested point, a party can place sworn facts before the court in writing. This makes affidavits indispensable in interlocutory applications, where speed matters and where the court is often deciding narrow questions on the papers. A sworn affidavit in Ghana carries the solemnity of an oath, which is why providing false information in one exposes the deponent to serious legal consequences.

Affidavit vs statutory declaration in Ghana

Clients frequently confuse an affidavit with a statutory declaration. Both are formal written statements commissioned before an authorised officer, but they serve different purposes.

In short, where facts are destined for a court file, an affidavit is almost always the correct instrument. A statutory declaration in Ghana is better suited to administrative and non-contentious contexts.

Who can commission or witness an affidavit in Ghana

Not just anyone can administer the oath that turns a draft statement into a binding affidavit. Ghanaian law restricts the function to specific officers authorised to administer oaths under the Oaths Act, 1972 (N.R.C.D. 6) and related provisions. The categories commonly recognised in practice include:

• Commissioner for Oaths. The officer most frequently used for routine affidavits intended for local court filings.
• Notary Public. Used where authentication is required or where the document will be used internationally.
• Magistrate. A judicial officer who may administer oaths, particularly where swearing is required in connection with court proceedings.
• Judge. A superior court judicial officer may administer oaths, often in urgent or court-ordered situations.
• Registrar of a court. Court registrars commonly administer oaths in connection with proceedings.
• Ghanaian diplomatic and consular officers. Authorised to commission affidavits sworn abroad for use in Ghana.

The correct choice depends on where the affidavit will be used and whether international acceptance is required. For the majority of domestic civil matters, a Commissioner for Oaths is sufficient and cost-effective.

How to find and verify a Commissioner for Oaths in Ghana

A Commissioner for Oaths in Ghana is typically found at or near the courts, within law firms, and at registries that handle legal documents. When engaging one, it is prudent to confirm that the individual is currently authorised to act. Verification matters because an affidavit sworn before an unauthorised person may be challenged as defective. Common-practice tips from the courtroom are straightforward: confirm the commissioner’s authority before swearing, ensure the jurat is completed in full, and keep the official receipt as proof of the fee paid. The commissioner should sign, state their capacity, and record the place and date of swearing in the jurat.

Notary public vs Commissioner for Oaths, when each is required

The practical distinction is one of reach. A Commissioner for Oaths handles ordinary affidavits intended for Ghanaian courts and local administrative use. A Notary Public, by contrast, has powers of authentication that make a notarised affidavit in Ghana suitable for international use, where foreign authorities or foreign courts require a higher tier of verification. If your affidavit is staying within Ghana’s civil justice system, a commissioner will almost always suffice. If it is travelling abroad, to a foreign court, registry or counterparty, notarisation, and often subsequent legalisation, becomes relevant.

Affidavit requirements in Ghana: content, format and wording

Getting the form right is as important as getting the facts right. Affidavit requirements in Ghana centre on a set of formalities that give the document its evidential character. A properly drafted affidavit will contain a heading identifying the court and the cause or matter, the full name, address and description of the deponent, numbered paragraphs stating the facts, a verification or statement of truth, a jurat recording the swearing, and the signatures of both the deponent and the commissioning officer.

Facts should be stated in the first person and divided into short, consecutively numbered paragraphs. Where the deponent states matters not within their own knowledge, the affidavit should indicate the source of the information and the deponent’s belief in its truth. This is a frequent point of challenge in litigation, so clarity about the basis of knowledge protects the affidavit from attack. The document must be dated, and the jurat must correctly record the place where, and the date on which, the oath or affirmation was administered.

Affidavits sworn overseas for use in Ghana should be commissioned before a Ghanaian diplomatic or consular officer or before a notary whose authentication can be legalised for Ghanaian use. The language of the affidavit should be one the deponent understands; where it is not, the jurat should record that the contents were interpreted to the deponent, who appeared to understand them before swearing.

Standard jurat and verification wording

The following sample clauses illustrate wording that fits Ghanaian practice. They should be adapted to the facts of each matter and reviewed by a qualified civil litigator before use.

• Deponent identification. “I, [Full Name], of [Address], [Occupation], make oath and say as follows:”
• Statement of knowledge. “The facts deposed to herein are within my personal knowledge save where otherwise stated, and where stated as information or belief, I verily believe the same to be true.”
• Source of information. “I am informed by [name/source] and verily believe that [fact], the source of my information being [document/person].”
• Jurat. “Sworn at [place] this [day] day of [month], 20[__], before me, [Name], Commissioner for Oaths.”

Where the deponent affirms rather than swears, for example, for reasons of conscience, “make oath and say” becomes “do solemnly and sincerely affirm and say,” and “Sworn” in the jurat becomes “Affirmed.”

Supporting exhibits and annexures, labelling and pagination

Documents referred to in an affidavit are attached as exhibits. Each exhibit should be clearly marked, usually with the deponent’s initials and a sequential number or letter, for example, “KAB1,” “KAB2”, and referred to by that marking in the body of the affidavit. An exhibit note or certificate identifying the exhibit as the one referred to should be endorsed on, or attached to, the document and signed by the commissioning officer. Pages should be paginated so that the court and opposing parties can navigate the bundle without confusion. Poorly labelled exhibits are a common source of avoidable delay and objection.

Common drafting pitfalls to avoid

• Argument instead of fact. An affidavit states facts; legal argument belongs in written submissions.
• Hearsay without a source. Facts not within personal knowledge must identify their source and the deponent’s belief.
• Incomplete jurat. A missing date, place or capacity can render the affidavit defective.
• Unexhibited references. Referring to a document without properly exhibiting it weakens the evidence.
• Inconsistent paragraph numbering. Makes cross-referencing and cross-examination unnecessarily difficult.

Affidavit cost in Ghana (2026): who charges what

Cost is one of the most searched questions, and it is also one of the most variable. The affidavit cost in Ghana in 2026 depends on who commissions it, where the office is located, whether a lawyer drafts it, and whether court filing fees apply. The figures below are indicative ranges only and should be confirmed with the relevant local office, registry, or official fee schedule before you rely on them. Fees differ between Accra and regional offices, and between simple one-page affidavits and lengthy documents with multiple exhibits.

Because published commissioning rates change and vary between offices, you should confirm the current figure at the relevant registry or office rather than rely on a fixed amount. The commissioning fee pays only for the administration of the oath; it is distinct from any fee a lawyer charges to draft the affidavit and from any court filing fee payable when the affidavit is lodged as part of an application or pleading.

Fee examples: Accra vs regional offices

In practice, commissioning fees in Accra tend to sit at the upper end of the routine range, reflecting demand and the concentration of legal activity in the capital. Regional registries and smaller offices may charge less for straightforward affidavits. Notary fees are consistently higher than commissioner fees everywhere, because notarisation carries authentication and, frequently, additional steps for international acceptance. Where an affidavit runs to many pages or carries numerous exhibits, expect the commissioning fee to rise accordingly, as some officers price by length or by the number of exhibits endorsed.

When fees are waived or reduced

Fees are not always immovable. Parties who qualify for legal aid through the Legal Aid Commission may have certain costs reduced or covered, and courts can give directions that affect how and whether particular fees apply in a given case. Where cost is a genuine barrier to access to justice, it is worth raising the issue early, as the court retains discretion over procedural costs in appropriate circumstances. Always obtain and retain a receipt for any fee paid, both for accountability and for any later taxation of costs.

Filing and using affidavits in Ghana courts

The real power of affidavits in Ghana emerges at the filing and hearing stage. A court affidavit in Ghana is the standard vehicle for placing evidence before the court in support of, or in opposition to, applications. When filing, follow the registry’s requirements on the number of copies, ensure the document is properly paginated, and serve the affidavit on the other parties in accordance with the applicable rules. Filing rules and the procedure for interlocutory applications are governed by the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and any current practice directions, and practitioners should consult the current rules and directions for the specific court in which they are appearing.

Affidavits are typically used to support a motion, with an exhibiting affidavit attaching the relevant documents. In opposition, the responding party files an affidavit in answer, and the applicant may then file an affidavit in reply or a supplementary affidavit. This exchange allows the court to decide many procedural questions on the documents alone. Where the affidavit evidence conflicts on a material point, the court may require oral evidence or cross-examination to resolve the dispute.

Affidavits in interlocutory vs substantive hearings

In interlocutory applications, injunctions, applications for summary judgment, applications to set aside default judgment, and similar matters, affidavits are the ordinary mode of proof. They allow the court to act quickly, often before the substantive dispute is tried. In summary judgment, for example, the affidavit must demonstrate that there is no triable issue, while the opposing affidavit must raise a genuine defence. In substantive proceedings, witnesses generally give oral evidence, though affidavit evidence may be used where the rules or the court so permit, with the deponent available for cross-examination. The weight the court attaches to affidavit evidence depends on its clarity, the basis of the deponent’s knowledge, and whether it withstands challenge.

Cross-examination of an affidavit maker, when allowed

A deponent is not always required to attend court. However, where the affidavit evidence is disputed and the resolution of the dispute turns on the credibility or reliability of the deponent, a party may apply to cross-examine the maker. If the court grants leave, the deponent must attend; failure to attend when required can reduce or eliminate the weight given to the affidavit. This is why affidavits should be drafted carefully and truthfully from the outset, the maker may ultimately have to defend every paragraph under questioning.

Notarisation, legalisation and using Ghana affidavits abroad

When affidavits in Ghana are destined for use in another country, commissioning before a local Commissioner for Oaths is usually not enough. Foreign authorities typically require a higher level of verification, which is where notarisation and legalisation come in. A notarised affidavit in Ghana authenticates the signature and the capacity of the commissioning officer, and further legalisation then confirms the document’s validity for use in the receiving country. Note that acceptance of an apostille depends on whether the destination country participates in the Hague Apostille Convention and on Ghana’s current arrangements; where an apostille is not available, consular legalisation is used instead.

Steps to legalise an affidavit for use overseas

• Draft and swear. Prepare the affidavit and have it sworn or affirmed before an authorised officer, usually a Notary Public where foreign use is intended.
• Authentication. Obtain authentication of the notary’s signature and seal as required.
• Legalisation. Process the document for legalisation through the appropriate government channel, following the guidance of the Ministry of Foreign Affairs and Regional Integration for documents intended for foreign use.
• Consular step where needed. Where the destination country requires it, obtain consular legalisation at the relevant embassy or high commission.

Because requirements vary by destination country, confirm the receiving authority’s exact expectations before starting, to avoid rework and delay.

Practical checklist: preparing, commissioning and filing an affidavit

• Draft. State facts in numbered first-person paragraphs; keep argument out.
• Verify knowledge. Identify the source and belief for any fact not within personal knowledge.
• Exhibits. Mark, reference and endorse all exhibits; paginate the bundle.
• Review. Have a civil litigator check wording, jurat and verification.
• Commission. Swear or affirm before an authorised officer; complete the jurat fully.
• Pay and receipt. Settle the commissioning fee and retain the receipt.
• File. Lodge the correct number of copies at the registry, paginated and in order.
• Serve. Serve the affidavit on all other parties as the rules require.

Comparison table: Commissioner for Oaths vs Notary Public vs Magistrate/Judge

The following quick-reference table summarises who does what and when to use each officer.

Sample affidavit for use in Ghana

The following annotated skeleton reflects common Ghanaian practice. It is illustrative only and must be adapted to the facts of your matter and reviewed by a qualified litigator before filing.

• Heading. Name the court, the suit number and the parties.
• Title. “Affidavit in Support of [the Motion]” (or “in Opposition,” “in Reply,” as applicable).
• Opening. “I, [Full Name], of [Address], [Occupation], make oath and say as follows:”
• Numbered facts. Set out each fact in its own paragraph; reference exhibits where documents are relied on, e.g. “A copy of the said agreement is exhibited and marked KAB1.”
• Verification. State the basis of knowledge and belief as shown in the sample clauses above.
• Jurat. “Sworn at [place] this [day] day of [month], 20[__], before me, [Name], Commissioner for Oaths,” followed by the signatures of the deponent and the officer.

A well-structured affidavit reads logically from first fact to last, exhibits are easy to locate, and the jurat is complete. These are the hallmarks the court and your opponent will look for first.

Conclusion

Affidavits in Ghana are a cornerstone of civil litigation in 2026, efficient, powerful, and unforgiving of careless drafting. Get the form right, state the facts truthfully with a clear basis of knowledge, exhibit your documents properly, commission before the correct authorised officer, pay and retain receipts, and file and serve in accordance with the applicable rules. For international use, build in notarisation and legalisation from the start. Any fee levels mentioned here are indicative only and should always be verified against current official sources. For tailored assistance drafting, commissioning or filing affidavits, consult a qualified Ghana civil litigator.

This article is for general information only and does not constitute legal advice. Verify all fee figures and procedural requirements against current official sources before acting.

Sources

1. Judicial Service of Ghana, Court Information and Practice
2. Ghana Legal Information Institute (GhanaLII), Statutes and Judgments
3. Government of Ghana, Official Portal
4. Ministry of Foreign Affairs and Regional Integration, Legalisation Guidance