Introduction
Names are powerful markers of identity. They reflect family heritage, marriage, status, profession, and sometimes personal conviction. Yet, in law, a name is fundamentally a label of identification and not the source of rights or obligations.
Under Nigerian law, a person is generally free to adopt or change a name, no individual or family has a monopoly over names, a change of name does not extinguish legal rights or invalidate lawful proceedings and l identity in law is not dependent on a fixed nomenclature.
In practice, individuals who wish to formally adopt a new name usually document the change through an affidavit of change of name, a deed poll, and publication in a newspaper. These steps help provide documentary evidence of the change and notify the public.
This article explains the procedure, legal effect, and practical implications of changing one’s name in Nigeria.
1. Legal Position on Change of Name in Nigeria
Nigerian law recognises the freedom of individuals to adopt or change their names.
The courts have consistently affirmed that:
A. a person may adopt any name of choice,
B. no individual or family has exclusive ownership of a name, and
C. a change of name does not extinguish legal rights or invalidate lawful proceedings.
These principles have been reaffirmed in several appellate decisions of Nigerian courts. Readers interested in the judicial authorities supporting these propositions may consult our earlier article on the legal effect of change of name in Nigeria, where the relevant case law was examined in detail.
What matters in law is the identity of the person, not the particular name used.
2. What Is an Affidavit of Change of Name?
An affidavit of change of name is a sworn declaration made before a Commissioner for Oaths or a notary public stating that a person has abandoned a former name and adopted a new one.
The affidavit typically contains:
the former name of the person
the new name adopted
a declaration that both names refer to the same person
the date and place of the declaration.
Once sworn, the affidavit becomes documentary evidence of the change of name and may be used for updating official records.
3. Deed Poll as a Formal Instrument for Change of Name
Another recognised method of formalising a change of name is through a Deed Poll.
A deed poll is a legal instrument by which a person formally declares that he or she has abandoned a former name and adopted a new one.
Unlike an affidavit, which is merely a sworn statement, a deed poll is executed as a formal legal declaration binding the person who makes it.
The document usually contains:
the former name of the person
the new name adopted
a declaration abandoning the former name
a commitment to use the new name in all dealings.
After execution, the deed poll may be registered at the appropriate registry, and it may also be published in a newspaper to notify the public of the change.
Although affidavits and newspaper publication are the more common practice in Nigeria, a deed poll is regarded as a more formal legal instrument for recording a change of name in many jurisdictions.
4. Procedure for Changing a Name in Nigeria
Although Nigerian law does not prescribe a single uniform statutory procedure, the commonly accepted practice involves the following steps.
Step 1: Swear an Affidavit of Change of Name
The individual prepares an affidavit stating:
the former name, the new name adopted, a confirmation that both names refer to the same person.
The affidavit is sworn before a Commissioner for Oaths in a Court of competent jurisdiction or before a notary public.
Step 2: Execute a Deed Poll (Optional but Formal)
Where a more formal legal instrument is desired, the individual may execute a deed poll declaring the abandonment of the former name and the adoption of the new name.
Step 3: Publish the Change of Name in a Newspaper
The change of name is usually published in a national newspaper.
This publication serves as public notice that the person has adopted a new name and helps prevent allegations of impersonation or fraud.
Step 4: Update Official Records
After completing the affidavit, deed poll (where applicable), and newspaper publication, the individual may update official records with relevant institutions such as:
banks
passport office
academic institutions
professional bodies
government agencies.
Documents usually required include:
affidavit of change of name
newspaper publication
identification documents.
5. Situations Where Name Change Commonly Occurs
Change of name commonly arises in several circumstances, including:
Marriage
Many women adopt their spouse’s surname after marriage.
Divorce
A person may revert to a maiden name or adopt another name.
Religious Conversion
Some individuals adopt names reflecting a new religious identity.
Personal Preference
A person may simply choose a different name for personal or cultural reasons.
6. Practical Importance of Formalising a Name Change
Although Nigerian law allows a person to adopt a new name informally, formalising the change through an affidavit, deed poll, and newspaper publication is advisable because it:
creates documentary evidence of the change
prevents disputes about identity
facilitates updating official records
helps avoid allegations of impersonation.
Conclusion
Nigerian law recognises broad autonomy in matters of personal naming. A person may adopt, retain, or change a name without losing legal rights or obligations.
What matters in law is the identity of the person, not the particular label used.
Nevertheless, to ensure clarity in official and legal transactions, it is advisable to formalise a name change through an affidavit of change of name, a deed poll, and public notice in a newspaper.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. The legal implications of a change of name may depend on the specific facts of each case. Readers should consult a qualified legal practitioner for advice tailored to their circumstances.
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