|
OATHS DECREE, 1972 (NRCD 6)
ARRANGEMENT OF SECTIONS
Section
1. Oaths to be taken.
2. Officers to take Oaths.
3. Unnecessary Repetition of Oath.
4. Failure to take Oath or Affirm.
5. Manner of taking Oath.
6. Place and Date of Oath.
7. Absence of Religious Belief.
8. Affirmation.
9. Authority to Administer Oaths.
10. Taking of Oaths out of Ghana.
11. Power of Ghana Officials
Abroad.
12. Additional Oaths.
13. Amendment of Schedules.
14. Repeal.
SCHEDULES
First Schedule—Oath of allegiance
Second Schedule
IN pursuance of the National
Redemption Council (Establishment)
Proclamation, 1972 this Decree is
hereby made:
Section 1—Oaths to be Taken.
The oaths to be taken as occasion
may demand shall be the oaths set
out in First Schedule.
Section 2—Officers to Take Oaths.
The oaths specified in the first
column of the Second Schedule
shall be taken by a person
appointed to an office set out in
the second column of that Schedule
and shall be administered by the
authority specified in the third
column of that Schedule.
Section 3—Unnecessary Repetition
of Oath.
(1) No person who has duly taken
the Oath of Allegiance or the
Judicial Oath shall be required
again to take that oath on
appointment to any other office or
on any other occasion.
(2) No person shall be required to
take any oath on appointment to
any office unless that oath is
different from or in addition to
an oath duly taken by him in
respect of any other appointment.
Section 4—Failure to Take Oath or
Affirm.
(1) Any person who refuses to take
the oath or make the affirmation
required by law in respect of his
appointment to any office shall—
(a) if he has already entered on
his office, be deemed to have
vacated that office from the date
of refusal; and
(b) if he has not already entered
on his office, be disqualified
from so doing.
(2) Nothing herein contained
shall invalidate any act done by a
public officer in the execution or
intended execution of his official
duties by reason only of his
failure to take any oath or make
any affirmation required of him by
law.
Section 5—Manner of Taking Oath.
An oath required to be taken for
any purpose shall be taken as
follows:—
(a) by the person who is to take
the oath holding in his uplifted
hand a copy of the Bible, New
Testament or Old Testament, as is
appropriate to his case, and
saying or repeating after the
person administering the oath the
words prescribed by law or by the
practice of the Court, as the case
may be:
Provided that if that person is
physically incapable of so taking
the oath such copy may be held
before him by the person
administering the oath; or
(b) in any other manner which is
lawful according to any law,
customary or otherwise, in force
in Ghana.
Section 6—Place and Date of Oath.
Every Commissioner for Oaths or
Notary Public before whom any oath
or affidavit is taken or made
shall state truly in the jurat or
attestation at what place and on
what date it is taken or made.
Section 7—Absence of Religious
Belief.
Where an oath has been duly
administered and taken, the fact
that the person taking it had no
religious belief at that time
shall not for any purpose affect
the validity of the oath.
Section 8—Affirmation.
(1) Any person who objects to
taking an oath and wishes to make
an affirmation in lieu thereof may
do so without being questioned as
to his grounds for wishing to
affirm.
(2) If any person declining or
objecting to take an oath is, in
the opinion of the Court or
officer before whom the oath is to
be taken, competent to make an
affirmation, that person shall, on
the Court or officer so directing
him, thereupon make an
affirmation.
(3) Where an affirmation is to
be made, the form prescribed for
the oath shall be varied—
(a) by substituting for the words
of swearing, the words "I
solemnly, sincerely and truly
declare and affirm that ...";
(b) by omitting the words "So
help me God," if those words
appear;
and such other consequential
variations of form as may be
necessary shall thereupon be made.
Section 9—Authority to Administer
Oaths.
(1) The Chief Justice, any other
Justice of the Superior Court of
Judicature, a Circuit Judge, a
District Magistrate, the Judicial
Secretary, a Notary Public, and
any Commissioner for Oaths, may
administer any lawful oath or take
any lawful affirmation or
affidavit which may be required to
be taken or made for the purpose
of complying with any law for the
time being in force in Ghana or
elsewhere, except where such law
expressly or by necessary
implication excludes such
procedure.
(2) The registrar of any Court
and the officer performing the
duties of registrar in any Court
may, with the approval and subject
to the supervision and control of
the person presiding over the
Court, administer or tender to any
person about or intending to give
evidence before such Court the
evidence oath or affirmation or
any oath, affirmation or
declaration which that person may
require or be required to take or
make before such Court.
Section 10—Taking of Oaths out of
Ghana.
(1) Any oath or affidavit required
for any Court or matter in Ghana,
or for the registration of any
instrument in Ghana, may be taken
or made in any place out of Ghana
before any person having authority
to administer an oath in that
place.
(2) In the case of a person having
such authority otherwise than by
the law of a country other than
Ghana, judicial and official
notice shall be taken of his seal
or signature affixed, impressed or
subscribed to or on any such oath
or affidavit.
Section 11—Power of Ghana
Officials Abroad.
(1) Every ambassador, High
Commissioner, minister, diplomatic
agent and consular officer of
Ghana in any foreign country may
do any notarial act which any
notary public may do within Ghana,
and every oath, affidavit and
notarial act made or done by or
before such a person is as
effectual as if made or done by or
before any lawful authority in
Ghana.
(2) Any document purporting to
have affixed, impressed or
subscribed thereon or thereto the
seal or signature of any person
authorised by this section to
administer an oath in testimony of
any oath, affidavit or act being
administered, take or done by or
before him, shall be admitted in
evidence without proof of such
seal or signature, or of the
official character of that person.
Section 12—Additional Oaths.
Notwithstanding anything in
section 3, the National Redemption
Council may in writing require the
holder of any office specified in
the First Schedule to take the
Oath of Allegiance, the Oath of
Secrecy or any Oath prescribed by
that Schedule in relation to his
office.
Section 13—Amendment of Schedules.
The National Redemption Council
may by legislative instrument
amend any provision of the First
and Second Schedules.
Section 14—Repeal.
The Oaths Act, 1960 (C.A. 12) is
hereby repealed.
FIRST SCHEDULE (Section 1)
OATH OF ALLEGIANCE
I,
...................................................................................,
swear that I will be faithful and
bear true allegiance to the
Republic of Ghana and that I will
preserve, protect and defend the
Decrees of the National Redemption
Council. So help me God.
OATH OF CHAIRMAN OR MEMBER OF THE
NATIONAL REDEMPTION
COUNCIL
I,
....................................................................................,
being appointed Chairman/a Member
of the National Redemption
Council, do solemnly swear that I
will well and truly exercise the
functions of the high office of
Chairman/Member of the National
Redemption Council, that I will
bear true faith and allegiance to
Ghana, that I will do right to all
manner of people according to law
without fear or favour, affection
or ill-will, and that I will not
directly or indirectly reveal such
matters as shall be debated in the
Council and committed to my
secrecy. So help me God.
OATH OF CHAIRMAN/DEPUTY
CHAIRMAN/MEMBER OF THE EXECUTIVE
COUNCIL
I,
....................................................................................,
being appointed (Chairman/Deputy
Chairman/Member of the Executive
Council), swear that I will at all
times well and truly serve the
Republic of Ghana in that office
and that I will to the best of my
judgment at all times when so
required give my counsel and
advice to the National Redemption
Council for the good management of
the public affairs of Ghana and
that I will not directly or
indirectly reveal any matters that
come to my knowledge in the
discharge of my duties and
committed to my secrecy. So help
me God.
JUDICIAL OATH
I,
.......................................................................................,
swear that I will well and truly
exercise the judicial functions
entrusted to me and will do right
to all manner of people in
accordance with the laws and
usages of Ghana without fear or
favour, affection or ill-will. So
help me God.
OFFICIAL OATH
I,
......................................................................................,
swear that I will at all times
well and truly serve the Republic
of Ghana in the office of
....................................
and that I will support and uphold
the authority of the National
Redemption Council. So help me
God.
OATH OF SECRECY
I,
.....................................................................................,
do solemnly swear that I will not
directly or indirectly communicate
or reveal to any person any matter
which is brought under my
consideration or which comes to my
knowledge in the discharge of my
official duties except as may be
required for the discharge of my
official duties or as may be
specially permitted by the
National Redemption Council.
OATH OF OFFICER OF THE NATIONAL
REDEMPTION COUNCIL OR EXECUTIVE
COUNCIL
I,
...................................................................................,
being called upon to exercise the
functions of
...............................................
the National Redemption
Council/Executive Council swear
that I will not directly or
indirectly reveal such matters as
shall be debated in the National
Redemption Council/Executive
Council and committed to my
secrecy. So help me God.
ARMED FORCES OATH
I,
................................................................................,
swear that I will bear true and
faithful allegiance to the
Commander-in-Chief of the Armed
Forces of the Republic of Ghana
and that I will well, truly and
faithfully serve the National
Redemption Council and that I
will, as in duty bound, serve in
the Armed Forces of the Republic
of Ghana and go wherever ordered
by air, land or sea and that I
will observe and obey all commands
of the National Redemption Council
and any officer set over me even
to the peril of my life.
Signature or Mark
Sworn at
..................................
this
....................................
day of
...................................................
19 ..................
Before me
.............................................................Signature
of Officer
POLICE SERVICE OATH
FORM A
I,
...................................................................................,
swear that I will bear true and
faithful allegiance to the
Republic of Ghana and that I will
truly and faithfully obey all
lawful commands of the Government
of the Republic of Ghana as by law
established and of any officer set
over me in the Police Service for
the preservation of the peace and
the prevention of crime and the
apprehension of offenders against
the peace in all respects to the
best of my skill and knowledge
discharging all duties of my
office according to law.
FORM B
DECLARATION FOR OFFICERS AND MEN
OF VOLUNTEER POLICE RESERVE
I,
.........................................................,
of
.....................................................
sincerely promise and swear that I
will bear true allegiance to the
Republic of Ghana and that I will
well and truly serve and obey all
lawful commands of the Government
of the Republic of Ghana as by law
established and that I will
faithfully serve in the Volunteer
Police Reserve in the district of
.................................................................................................
Signature of declarant
Declared at
........................ this
.................. day of
.............................
19............
Signature of authorised Officer
(b) Where a third person has read
the Affidavit to Deponent
Sworn at .........................
in the
................................................
Region this day of
........................................
before me; and I certify this
affidavit was read over in my
presence to the deponent he being
blind or illiterate and the nature
and contents of the exhibits
therein referred to explained to
him in the
............................
language, that the deponent seemed
perfectly to understand the same,
and made his mark (or signature)
thereto in my presence.
Commissioner for Oaths
FORM C
Deponent physically incapable of
taking the Oath with uplifted hand
AB is that your mark [signature]?
You do swear by Almighty God that
the contents of this your
affidavit are true?
Form of Jurat
Sworn at
................................
in the
.........................................
Region this
.........................................
day of
..............................................
before me; the deponent AB having
made his mark to this affidavit in
my presence, he being physically
incapacitated from writing his
name.
..................................................................
Commissioner for Oaths
If the deponent is incapable of
affixing any distinguishable mark
whatever to the affidavit, the
jurat should be as follows:—
Sworn by the above-named deponent
AB at .................. in
the………………. Region, this
...................... day of
................. without the
deponent affixing thereto any mark
or signature, he being physically
incapable of so doing.
Before me
........................................................
Commissioner for Oaths
ARMED FORCES OATH
I,
................................................................,
swear that I will bear true and
faithful allegiance to the
Commander-in-Chief of the Armed
Forces of the Republic of Ghana
and that I will well, truly and
faithfully serve the National
Redemption Council and that I
will, as in duty bound, serve in
the Armed Forces of the Republic
of Ghana and go wherever ordered
by air, land or sea and that I
will observe and obey all commands
of the National Redemption Council
and any officer set over me even
to the peril of my life.
.......................................................
Signature or Mark
Sworn at
..........................................
this
................................
day of
.............................................,
19 ....................
Before me
........................................................
Signature of Officer
POLICE SERVICE OATH
FORM A
I,
.............................................................................,
swear that I will bear true and
faithful allegiance to the
Republic of Ghana and that I will
truly and faithfully obey all
lawful commands of the Government
of the Republic of Ghana as by law
established and of any officer set
over me in the Police Service for
the preservation of the peace and
the prevention of crime and the
apprehension of offenders against
the peace in all respects to the
best of my skill and knowledge
discharging all duties of my
office according to law.
FORM B
DECLARATION FOR OFFICERS AND MEN
OF VOLUNTEER POLICE RESERVE
I,
...............................................................................,
of
......................................................
sincerely promise and swear that I
will bear true allegiance to the
Republic of Ghana and that I will
well and truly serve and obey all
lawful commands of the Government
of the Republic of Ghana as by law
established and that I will
faithfully serve in the Volunteer
Police Reserve in the district
of..................................................
................................................
Signature of declarant
Declared at ............ this
...............................
day of
................................19
..........
.................................................
Signature of authorised Officer
(b) Where a third person has read
the Affidavit to Deponent
Sworn at ........ in the
....................... Region
this .......... day of
.....................................
before me; and I certify this
affidavit was read over in my
presence to the deponent he being
blind or illiterate and the nature
and contents of the exhibits
therein referred to explained to
him in the .................
language, that the deponent seemed
perfectly to understand the same,
and made his mark (or signature)
thereto in my presence.
....................................................
Commissioner for Oaths
FORM C
Deponent physically incapable of
taking the Oath with uplifted hand
AB is that your mark [signature]?
You do swear by Almighty God that
the contents of this your
affidavit are true?
Form of Jurat
Sworn at
....................................
in the
.......................................
Region this day of
..............................................
before me; the deponent AB having
made his mark to this affidavit in
my presence, he being physically
incapacitated from writing his
name.
........................................................
Commissioner for Oaths
If the deponent is incapable of
affixing any distinguishable mark
whatever to the affidavit, the
jurat should be as follows:—
Sworn by the above-named deponent
AB at
......................................................
in the
.......................................
Region, this
..................................
day of ....................
without the deponent affixing
thereto any mark or signature, he
being physically incapable of so
doing.
Before me
.........................................................
Commissioner for Oaths
FORM D
Deaf and Dumb Deponent
Commissioner for Oaths should
while pointing to signature of
deponent to the affidavit ask the
deponent:—
Is that your name and handwriting?
On his answering by an affirmative
gesture the following words should
be laid before him.
You do swear by Almighty God that
the contents of this your
affidavit are true.
Form of Jurat
Sworn at
.................................................
in the
...........................................
Region this
.................................
day of
........................................
I first having satisfied myself
that the deponent deposed to the
facts and affixed his signature or
mark accordingly.
Before me
....................................................
Commissioner for Oaths
FORM E
Interpreter
I
swear by Almighty God that I well
understand the English language
and the
...............................
language and that I have truly
distinctly and audibly interpreted
the contents of this affidavit to
the deponent
.........................................
in the
....................................
language and that I will truly
interpret the oath about to be
administered unto him.
Form of Jurat
Sworn at
................................
in the
..............................
Region this
.......................... day
of.....................................
through the interpretation of
...........................................
of (address) the said
...................................
having first been sworn that he
had truly and faithfully
interpreted the contents of this
affidavit to the deponent
.......................................
and that he truly and faithfully
interpreted the oath administered
to him.
Before me
......................................................
Commissioner for Oaths
SECOND SCHEDULE (Section 2)
Nature of Oath
Person to
take Oath Person to
tender Oath
Oath of Allegiance .. ..
.. Chief
Justice .. .. .. ..
Chairman National
Attorney-General
Redemption of the
Chairman, Deputy
Council or the Chief
Chairman And Members Justice
or such other
of the Executive Council.
person as the Chief
Justices of the Superior may
designate
Court of Judicature.
Chief of Defence Staff.
All Civil Servants in Category
"A".
Inspector-General of Police.
Head of the Prisons
Service. .
Oath of Chairman or Member
Chairman and Members of
Chief Justice
of the National Redemption
the
National Redemption
Council.
Council. .
Oath of Chairman/Deputy
Chairman/Member of the Executive
Council. Chairman/Deputy
Chairman/Member of the Executive
Council. Chairman of the
National Redemption Council or any
other person designated by the
said Council.
Judicial Oath Chief Justice
.. .. ..
Justices of the Superior Court of
Judicature.
Judicial Secretary.
Circuit Judges.
District Magistrates.
Juvenile Court Magistrates.
Reserve Settlement Commissioners.
Commissioners of Inquiry.
Such other persons exercising
judicial functions as the Chief
Justice may in writing
designate. Chairman of the
National Redemption Council, Chief
Justice or such other person as
the Chief Justice may
designate.
Official Oath .. ..
.. Auditor-General ..
.. Chairman of the National
Redemption Council or such other
person as the said Council may
designate.
Members of the Public
Services Commission.
All Civil Servants in
Category "B" and Category
"C".
Such other persons
holding office or executing
official functions as the Chairman
of the National Redemption Council
may by executive instrument
designate.
Oath of Secrecy .. .. ..
All Civil Servants .. ..
.. Head of a Ministry
or a person authorised by him.
Such other persons
holding office or executing
official functions as the Chairman
of the National Redemption Council
may by executive instrument
designate.
Oath of Officer of National
Redemption Council or Executive
Council. Secretary and
Clerk to the National Redemption
Council or Executive Council and
such other officer of either such
Council as the National Redemption
Council may direct.
Chairman of the National
Redemption Council or such other
person as the said Council may
direct.
Armed Forces Oath .. ..
Members of the Armed Forces.
The Chief of Defence Staff or any
officer authorised by him.
Police Service Oath .. ..
Members of the Police Service.
The Head of the Police Service or
any officer authorised by him.
Court Proceedings .. .. A
witness before a competent Court
or before a Commission of Inquiry.
Clerk of the Court or
the Secretary to the Commission.
Affidavit .. ..
.. The person swearing
.. A Commissioner for Oaths or
District Magistrate, or a
Registrar of the Superior Court of
Judicature authorised in that
behalf by the Chief Justice.
Made this 22nd day of January,
1972.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council.
Date of Gazette Notification: 22nd
June 1972
|
