A legal commentator, Confidence Aribibia, has clarified why witnesses in Nigerian courts are asked to swear with the Bible or Qur’an and why traditional worshippers are not permitted to introduce personal religious symbols into court proceedings.
In an explanatory note, Aribibia stated that the practice is often misunderstood as religious promotion, whereas its true purpose is to bind witnesses legally to tell the truth before giving evidence.
Oath or Affirmation Required by Law
Under the Evidence Act 2011, every witness must take either an oath or make an affirmation before testifying in court.
According to Aribibia, when a witness enters the witness box, the court typically presents two options:
Swear an oath on a holy book, such as the Bible or Qur’an; or
Make a solemn affirmation without reference to any religious text.
If a witness chooses to swear on the Bible, the court registrar may say:
“I swear by Almighty God that the evidence I shall give in this Court shall be the truth, the whole truth, and nothing but the truth. So help me God.”
Similarly, a witness who opts for the Qur’an swears by Almighty Allah to tell the truth.
However, Aribibia emphasized that affirmation which contains no religious reference carries the same legal weight as swearing on a holy book. In such cases, the witness declares:
“I solemnly, sincerely and truly declare and affirm that the evidence I shall give in this Court shall be the truth, the whole truth, and nothing but the truth.”
“No Bible. No Qur’an. No religious reference,” Aribibia explained. “And legally, affirmation carries the same weight.”
Why Traditional Symbols Are Not Used
Addressing concerns about why traditional worshippers cannot bring personal religious objects into court, Aribibia said court procedures must remain uniform, orderly, and neutral.
Allowing individuals to introduce various ritual items or symbols, he argued, could disrupt proceedings and create disputes over authenticity or appropriateness. Instead, the law provides affirmation as a neutral alternative for those who do not wish to swear on the Bible or Qur’an.
“The important thing is not the book,” She noted. “The important thing is that once you take that oath or affirmation, you are bound by law.”
Legal Consequences of False Testimony
Aribibia further stressed that any witness who lies after taking an oath or affirmation risks prosecution for perjury, a criminal offence under Nigerian law.
She concluded that the use of religious texts in court is not about endorsing a particular faith, but about reinforcing the seriousness of the legal duty to tell the truth.
