OATHS ACT - 1972 (NRCD 6)
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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