Download Affidavit of Bachelorhood in Nigeria

An Affidavit of Bachelorhood is a formal, sworn legal declaration made by a male individual before a Commissioner for Oaths or a Notary Public, attesting to the fact that he has never been married and is currently free from any marital obligations.

In the Nigerian legal context, this document serves as a critical proof of status, particularly for men who intend to contract a marriage, whether under the Marriage Act (Statutory Marriage) or under Native Law and Custom. It effectively declares to the world and relevant authorities that the deponent is a bachelor and possesses the legal capacity to enter into a new matrimonial union without committing the crime of bigamy.

Purpose and Utility

The primary use of this affidavit is to satisfy the requirements of marriage registries. When a man applies to wed, the registry must verify that there are no existing valid marriages that would render the new union void. Furthermore, this document is frequently requested by embassies and foreign consulates when a Nigerian man intends to marry a foreign national abroad. In such cases, the Affidavit of Bachelorhood serves as a 'Certificate of No Impediment,' proving that the man is single in his home country.

Key Contents of the Affidavit

To be valid, the affidavit must contain specific factual details. First, it must state the full name, age, and address of the deponent. It must explicitly state that the individual has never participated in any form of marriage ceremony, be it religious, customary, or civil. If the affidavit is being sworn for the purpose of a specific upcoming marriage, the name of the intended spouse is often included to provide context. Finally, it must conclude with the statutory declaration under the Oaths Act, affirming that the information provided is true to the best of the deponent's knowledge.

Legal Implications

Swearing to a false Affidavit of Bachelorhood is a serious offense under Nigerian law, categorized as perjury. If a man is found to have an existing subsisting marriage while swearing he is a bachelor, he may face criminal prosecution and imprisonment. Additionally, any marriage contracted based on this false declaration would be considered void ab initio (invalid from the start). Therefore, this document is not merely a formality but a binding legal assertion of one's civil status.