Generally, a name is a person’s identity by which he/she is known and it is the right of every individual to have a name. In fact, the Child’s Rights Act, 2003 provides that every child should be given a name, and it is the name given to a child that will be used in the registration of the birth of that child thereby forming the child’s official records.
Specifically, Section 5 of the Child’s Rights Act provides thus:
“(1) Every child has a right to a name and, accordingly, shall be given a name on his birth or on such other date as is dictated by the culture of his parents or guardian. (2) The birth of every child shall be registered in accordance with the provisions of the Birth, Death, etc. (Compulsory Registration) Act, 1992”.
However, as a child grows and becomes an adult, there may be need to change his/her name due to certain circumstances, like change in religion, marriage among others. It is pertinent to note that, until the Supreme Court decision in PDP & 2 Ors v Biobarakuma Degi-Eremienyo & 3 Ors (2021) 9 NWLR (1781) 274, persons who desires to change their names merely deposed to an affidavit of correction/confirmation of name and did a newspaper publication to that effect, in effecting the change of name. This procedure, the Supreme Court has held invalid.
The Supreme Court by the above-mentioned case has held that affidavit of correction/confirmation of name and newspaper publication are not enough to effect a valid change of name. According to the Court, for a person to validly change his/her name which will affect his/her official records like school certificates, such person must execute a deed poll and then proceed to the Nigeria Civil Registry to have the new name published in the official gazette.
Therefore, based on the said Supreme Court’s decision, it is advisable for persons who have changed their names without a deed poll and same being gazetted to do so in compliance with the law. Also, going forward, persons who desire to change their names subsequently for whatever reason(s) should ensure the procedure as set out by the Supreme Court is followed.
Olympus Law Partnership