There is nothing to drafting an affidavit. It is basically you relaying the facts within your knowledge. But you have to get a person to do it. This person must be:
Competent – take your mind back to Evidence law in Uni, remember everything you learnt about competency of a witness, it applies here. (We shall discuss this in due time)
Seised of the facts: Whether he witnessed them by himself, or he was told by someone and he verily believes it to be true. (The time, venue and circumstances of the telling should be stated)
So let’s draft an affidavit. Remember our application for the joining of a third party here? Let’s draft an affidavit to support the motion. When you need to draft an affidavit, crosscheck the following:
Who will depose to the affidavit?
What does the law require an applicant to prove before the court can grant this application? Here you remember all the *BLUSIC* and what not, so that you won’t be out of line and you can state facts relevant to the success of the application. As a recap, the applicants for a third party joinder must show:
So on the same facts this will be my affidavit in support:
IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE (you must tell us what the affidavit is for)
I… [This part is the introductory bit, and you must mention the deponent’s NAME, ADDRESS, OCCUPATION, SEX, RELIGION, and NATIONALITY NAOSRN] Kasali Jamiu, Male, Christian, Nigerian of Number 1, Bala Musa Street, Victoria Island do make oath and state as follows:
- That I am the claimant/Applicant in this matter.
- That the subject matter of this suit is for a liquidated sum of money being fees for repair of a mobile phone.
- That the defendant/applicant purchased the same mobile phone from the party seeking to be joined with the purchase receipt of the transaction hereby attached and marked exhibit A.
- That in the said receipt, the seller (party seeking to be joined) undertook to indemnify the purchaser for any repairs carried out on the phone.
- That on the ___ day of ____ the defendant engaged the claimant to repair the same mobile phone; the service invoice is hereby attached and marked exhibit B
- That it is in the interest of justice that the third party be joined in this suit.
That I verily believe the information above to be true to the best of my knowledge in accordance with the oaths law of Lagos state (you use law if you are at a state court and ‘Act of the Federal Republic of Nigeria’ if at a federal court)
Dated the _____ day of _______ 2017
SWORN TO AT THE HIGH COURT REGISTRY
COMMISSSIONER OF OATHS
Notice my paragraphs 4 and 8 are crucial in showing the requirement of third party notice. If you were to draft it, you don’t have to use my words exactly just show that you understand the law and know what you need to prove.
All the things written at the heading and foot of the document are compulsory and must be included or else you lose marks in the exams. We usually joke that even if we don’t know what to write in exams, we can at least draft those parts and get some marks.
I’m sure you are wondering why the excessive use of that. Well it is what we met. Some people advocate that for elegant drafting, it is okay to put that at the preamble (you must know by now that this word will by the rules of grammar would apply to every paragraph) but I think #forthepurposeofbarpart2 just help them put their ‘that’ there. When you get into practice you can do and undo.😜