WHO IS A COMMISSIONER FOR OATHS?
A Commissioner for Oaths is a person of proven integrity and legal experience, appointed by the Chief Justice of the Republic of Ghana under the Commissioners For Oaths Act, 1970 (Act 322) and the Courts Act, 1993 (Act 459) to perform quasi-judicial functions.
His appointment is grounded in the 1992 Constitution of Ghana, Article 157(2) which empowers the Chief Justice as head of the Judiciary to appoint persons to assist in the administration of justice. He is therefore an Officer of the Court and a recognized extension of the Judicial System.
He is not a court clerk, not a typist, and not a by-stander. He is a legally mandated officer.
THE MISCONCEPTION
The public thinks his only job is tenancy agreements. This is because that is the most visible service. But tenancy agreements represent less than 5% of his work. Limiting him to that is like calling a Doctor a seller of Paracetamol.
THE REAL, IMPORTANT ROLES OF A COMMISSIONER FOR OATHS
His roles go far beyond tenancy and letter writing. They are critical to justice delivery:
Administration of Oaths and Affirmations: He administers oaths for persons taking up public office, affidavits, and court processes.
Commissioner of Affidavits: Every Affidavit used in court — Change of Name, Age, Loss of Documents, Letters of Administration (L.A), Divorce, Writ of Summons — must be sworn before him to have legal validity. Senior Counsels and Lawyers cannot file their cases without visiting a Commissioner for Oaths office to swear.
Statutory Declarations: Under the Statutory Declarations Act, 1971 (Act 389), he authenticates declarations that have the force of law.
Certification and Authentication of Documents: He verifies documents for use in Ghana and abroad for embassies, travel, and legal proceedings.
Guardian of Truth in Justice: Without his seal and signature, there is no affidavit. Without an affidavit, most court cases cannot start. He is the gatekeeper of truth and evidence.
In summary, the Commissioner for Oaths is not a man under a tree. He is a constitutionally recognized judicial officer whose stamp gives life to documents and whose work ensures that lies do not enter our court system. His role is important, legal, and indispensable.
Respect the Office.