Law/Judiciary

Change Of Name

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Change of name generally refers to the legal act by a person of adopting a new name different from his or her name at birth. Generally, an individual has a right to change his or her name at any time for different reasons, especially marriage, divorce, child adoption etc. For this change to be valid in law, certain steps need to be fulfilled.
The first step in processing a change of name in Nigeria is to swear an affidavit under oath in any High Court close to the applicant, stating the reasons for the change of name. The affidavit is a statutory document that records the intention to abandon the old name for the new one.
The next step is to announce publicly the change of name by publishing the new name in at least one recognised national newspaper, so as to give the general public notice that the individual has effected a change of name.
Further, for official certificates bearing the old name of the applicant, a deed poll needs to be sworn to in the Supreme Court of Nigeria deposing to facts necessitating the change and that the change will be effected by the relevant authority that issued the certificate.
The Supreme Court judgement of February 13, 2020 SC. 1/2020 between PDP & ORS V. BIOBARAKUMA DEGI – EREMIENYO & ORS, held that the only authority competent to correct anything on a certificate, was the authority that issued the certificate, and that the affidavit of correction of name does not in his opinion, conform to the proper manner of changing name or correcting a name on a certificate, and that it is by deed of poll, and not by mere deposition that a change of name on an official certificate can be effected and further that the procedure necessarily affects official record and archives of the nation.
Finally, the new name of the individuals is to be printed in Nigeria’s official gazette. This process involves sending an application to the Documentation Department of Publication, Civil Registry, requesting the advertisement of the change of name. The application fee for the publication is from N5000.00 (five thousand naira only) or more.
The application must be accompanied with the following documents:
– Deed poll of change of name
– The name of the applicant as listed on the birth certificate or any citizenship document.
– The full name the applicant is applying to change
– A signed affidavit of change of name
– A newspaper cutting advertising the change of name
– Passport photograph of the applicant
– Photocopy of the marriage certificate for the applicant whose purpose for change is as a result of marriage.
Take notice that in order to legally change your name, you must be above 18 years of age. Minors cannot legally change their names unless the parent or guardian of the minor applies for the change of name.

 

By: Nkechi Bright-Ewere

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