I was drafting an affidavit for a client this morning and it occurred to me that many people (including the client that needs the affidavit) have no slightest clue of what an affidavit is. Some just know that it is a legal document obtained from the court or from a lawyer who is a notary public but it is more than that.

The word Affidavit is derived from the Latin word “Afihdayvit” which when loosely translated means “for he has declared or stated under oath”.

An Affidavit, therefore, is a written statement voluntarily made by a person called the affiant or the deponent under oath or affirmation which is administered by a person who has been authorized by law to do that which can either be a notary public or an official of the court known as the commissioner for oaths.

By law, for an affidavit to be authorized by the commissioner for oath or the notary public, the deponent must be present to have sworn or adopted the written statement in person. This is to say that it is illegal for another person to swear an affidavit on behalf of another person or for an authority to authorize an affidavit in the absence of the deponent.

Because an affidavit is a type of verified statement showing, or containing a verification, it is therefore made under oath. It is believed that when a deponent swore to an affidavit the statement he makes is true and he believed all the acts stated therein to be true (to the best of his knowledge) because he is under oath and lying under oath is a serious criminal offense called perjury.

So as not to be held liable for the crime of perjury, you are therefore advised that before you sign an affidavit read the document thoroughly to ensure that the information written therein is accurate and truthful.  If the affidavit includes any statements that are just mere opinions, conjectures, or beliefs of the deponent, it needs to be stated that such paragraphs or statements are just an opinion or honest beliefs of the deponents which may or may not be the truthful representation of the facts.

You can use an affidavit to correct or change the content(s) of an official document.

Some common forms of affidavit may include but are not limited to the following;

* Court affidavits

* Affidavit of non-membership of a secret cult.

* Self-proving will affidavit.

* Affidavit of power of attorney.

* Financial affidavit.

* Affidavit of a lost document.

* Affidavit of identity theft.

* Affidavit of loss of property

* Affidavit of change or correction of details

An affidavit can be simplified to be the written version of swearing under oath, to tell the truth.

In procuring Legal services, there is usually a set of various delivery platforms through which as a client or employer you can access those legal services. One of the most commonly used Legal service providers however is the In-house Legal counsel, a type of lawyer that will be the focus of this article.

What this article aims to do is deal with the topics of :

-Who exactly an In-house Legal counsel (or In-house counsel) is.

– The purpose of hiring in-house counsel.

– The functions/duties of an In-house counsel.

– The legal services an In-house counsel can & cannot render in Nigeria.

Who is an in-house counsel?

An in-house counsel is a type of lawyer hired as a salaried & usually full-time internal employee of a company, organisation, agency or corporation for the purpose of performing a set of defined legal functions/services.

Why hire in-house counsel?

You might need to hire an in-house counsel for the purpose of having in a standby position, readily available legal assistance for the purpose of greatly reducing the Legal risk & compliance portfolio of your business or organisation.

What are the functions of an in-house counsel?

The functions of an in-house counsel are :

– the rendering of general & industry-specific Regulatory compliance services to their employers;

– to render legal advisory services to their employers;

– rendering dispute/litigation management services to their employers;

– rendering contractual & legal documentation vetting services for their employers;

– rendering corporate governance and company secretarial services to their employers;

– rendering legal audit and external solicitor/retained external counsel management and liaising services to their employers;

– rendering representation services in courtroom and dispute resolution proceedings as agents of their employers.

Are there legal services that in-house counsel cannot render in Nigeria and if they exist, what are they?

Yes, such services exist. In-house counsel are also governed by the Rules of Professional Conduct for lawyers in Nigeria and as such, cannot render the following services to their employers :

– the rendering of documenting Legal opinion and contractual documentation/signing services for their employers;

– where being employed as military officers, appearing in court martial proceedings in lawyer robes and gowns;

– preparing Deeds of Assignment and Land sale documentation services for their employers;

– aiding the unauthorized practice of law (mainly in the form of acting as retained counsel to their employers and preparing legal documents for their employers while in fact being salaried staff/in-house counsel of the company);

– appearing in court robed in a lawyer’s wig and gown while still being in-house counsel;

– allowing their employers to engage in the touting of their services and charging fees for those services(this is a very rampant practice among Real Estate Development companies and Mortgage banks in Nigeria). 

Is it possible to hire in-house counsel on a contract/non-salaried basis?

Yes and no. This is because while you can hire a lawyer or law firm as an outsourced or seconded Legal adviser/manager, such legal counsel will either not be working full-time or as your internal employee, which is basically what in-house counsel are. You thus need to know exactly what suits your business needs in terms of relevance, competence and affordability.

What is the legal effect of a contract or documentation prepared and signed by an in-house counsel?

Such a document will be voidable as it will constitute unauthorized practice of law and such an in-house counsel risks professional suspension and disbarment. Any employer aiding such unauthorized practice of law also risks a 2-year jail term under the Legal Practitioners Act of Nigeria.

Conclusion :- It can be seen that the In-house counsel is a legitimate and innovative model for the delivery of always available legal services for the purpose of Legal risk management for many companies, although they are not applicable to every situation requiring legal input.