Swearing Falsely: A Cultural And Legal Examination Of Perjury In Nigeria

Truth constitutes the fundamental benchmark of justice in every society. It is widely assumed that when an individual swears an oath to speak the truth, whether in a court of law or during official proceedings, their testimony will be fair, honest and reliable. In Nigeria, however, this expectation is often compromised. Perjury, defined as the wilful act of making false statements under oath, continues to pose a significant challenge. Its implications extend beyond individual cases; it undermines institutional integrity and erodes public confidence in legal processes, political commitments, and governance as a whole.

Historically, within traditional Nigerian societies, truth-telling was regarded as a sacred moral obligation. The violation of an oath was perceived not merely as dishonesty but as a profound transgression against both divine authority and communal values. With the advent of modernization, urbanization, and increasing political corruption, this cultural reverence for truth has been progressively weakened. The decline of moral consciousness and societal accountability has contributed to the normalization of deceit in both private and public spheres.

This research examines the phenomenon of perjury in Nigeria through a multidisciplinary lens that encompasses legal, cultural, and sociological dimensions. It interrogates how perceptions of truth-telling are influenced by social norms, religious doctrines, and traditional belief systems. Furthermore, it assesses the adequacy of the existing legal framework governing perjury and the extent to which these laws are effectively enforced. By adopting this holistic approach, the study seeks to enhance understanding of how false swearing distorts the administration of justice in Nigeria and to underscore the imperative of restoring truth as a foundational value in the nation's legal and moral order.

CULTURAL PERSPECTIVE ON PERJURY IN NIGERIA

Long before the modern court system, truth-telling was a key part of indigenous Nigerian justice. Traditionally, an oath is either a statement of fact or a promise with wording relating to something considered sacred as a sign of verity.

In the Yoruba culture, the truth (òtít) was tied to divine justice. Oaths were sworn before powerful deities such as Ogun, the god of iron, or Sango, the god of thunder, who were believed to punish falsehood instantly. In the process of oath-taking, various shrines are usually the beehive of these activities. Such shrines include Ayelala, Ogun, Shongo, Okija, Asigidi and Oronmila just to mention a few. These are perceived to be powerful deities that the majority of Nigerian politicians fear more than their creator, God. In administering justice properly, covenant and oath-taking features regularly in the life of the Yoruba people, and this is done to maintain law and order and whoever betrays the order is left to the gods for a penalty. The research of Ogunleye (2013) on Covenant-Keeping among the Yoruba People: A Critique of Socio-Political Transformation in Nigeria revealed that "Covenant prevents unfaithfulness in the Yoruba traditional society. A covenant made in form of an oath, taken either in front of divinity or religious emblems, makes the Yoruba people to comport themselves well in the society.

In the Igbo culture, people took oaths before deities like Amadioha or the earth goddess, Ala, believing that false swearing would bring sickness, misfortune, or death. According to Ugwu (2007), in the igbo culture, there are the characters, the one taking the oath and the deity who serves as both a witness and an executor of the terms of the oath, to justify the truth or punish the one telling lies. He stipulated that because the gods are seen to be impartial judges, they are thought to be able to punish or testify, which entails afflicting the person in question with some enigmatic illness or ailments like strokes, swollen legs, etc.

The Hausa-Fulani culture believed that lying under oath was an invitation to divine punishment and that oaths (rantsuwa) invoked Allah's name. In Islam, keeping one's word is very important. The Quran states that Allah holds you accountable for your true intents rather than just your oath-taking behaviors.

If you violate an oath, there shall be atonement by feeding ten poor people from the same food you offer to your own family, or clothing them, or by freeing a slave. If one cannot afford this, then such a person shall fast for three days. This is the atonement for violating the oaths, as it's expected that people should fulfill their oaths. God thus explains His revelations to us, that we may be appreciative (Quran Chapter 5: Verse 89). In Islam, as we can see here, oath-taking and its abidance are not a serious matter, since there are provisions for it in the Quran.

In these traditional systems, oaths were not procedural formalities but sacred acts. A person's words were considered binding before the spiritual world. To lie under oath was both a crime and a curse, a betrayal of community trust and cosmic order.

Religion is one of the lifelines of Nigerian society; it is not merely a Sunday activity for some or a series of customs for others. Many Nigerians' perceptions of the world, their interactions with people, and their sense of right and evil are influenced by their faith. One thing is certain, regardless of one's faith: the truth is extremely important.

According to Christian doctrine, being honest is sacred and not optional. The commandment "Thou shalt not bear false witness against thy neighbour" (Exodus 20:16) isn't just ancient scripture; it's a moral compass that still guides millions today. Proverbs 12:22 puts it even more bluntly: "Lying lips are an abomination to the Lord." From church sermons to Bible study groups, believers are reminded that every word spoken before God carries weight and that truth is a reflection of one's faith.

Islam echoes this reverence for truth. False testimony, known as shahada al-zur, is strongly condemned. The Qur'an warns against it in Surah An-Nur (24:4), and Prophet Muhammad didn't mince words; he ranked false testimony among the gravest sins, just behind idolatry. For Muslims, speaking the truth isn't just about being good, it's about being faithful.

In a country where religion is deeply woven into the fabric of society, lying isn't just a legal misstep; it's a spiritual danger, and swearing falsely isn't seen as a mere breach of law; it's a betrayal of one's relationship with God.

The normalization of fake swearing has permeated many facets of Nigerian life, despite having such solid cultural and religious roots, as campaign pledges are routinely broken in politics with no repercussions whatsoever, and falsified paperwork and dishonest statements are occasionally viewed as essential survival strategies in the business world. Lying may be accepted or justified in social situations as a way to safeguard one's reputation or interests. Perjury is frequently disregarded or ignored in society as a result of the breakdown of traditional accountability systems and the lax execution of legal penalties.

Bringing back the moral significance of oaths and fostering a culture that values telling the truth are crucial to combating perjury. It is imperative that academics, religious organizations, and community leaders actively participate in changing public perceptions. Nigerian society can start to restore faith in its institutions and preserve the integrity of its legal system by reaffirming the sanctity of sworn declarations and encouraging moral conduct.

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