Nigeria's Supreme Court: Affidavits and Newspaper Ads No Longer Legalize Name Changes

Millions of Nigerians frequently alter their official names for various life events, including marriage, relocation, and aligning educational certificates with national identification records. Aligning bank accounts, pension funds, and Bank Verification Number (BVN) profiles with new identities also drives many to seek routine name corrections for seamless financial transactions.

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The ruling stemmed from a Bayelsa governorship election dispute involving alleged false information in Independent National Electoral Commission (INEC) Form CF001 submitted by the APC candidate.

Cultural shifts and religious conversions also prompt citizens to adopt new names, seeking official recognition that reflects their transformed heritage or faith. Traditionally, Nigerians relied on executing a court affidavit and publishing a notice in national newspapers, believing these steps were sufficient to update their legal identity nationwide. However, this widespread, informal practice created significant gaps, leaving institutions vulnerable to identity fraud and pervasive record discrepancies.

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The Supreme Court subsequently affirmed the Court of Appeal’s judgment and clarified the lawful procedure for changing names on official certificates and records.

A pivotal Supreme Court decision in the 2021 PDP versus Degi-Eremienyo case clarified Nigeria's procedures for name changes. Stemming from a Bayelsa governorship election dispute, the case highlighted the inadequacy of affidavits and newspaper publications for altering official records. The apex court ruled that only a Deed Poll, prepared by a lawyer, coupled with publication in the Official Gazette and approval by the issuing authority, could legally effect such changes.

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In its judgment, the apex court held that affidavits and newspaper publications were insufficient for altering official records. It ruled that only a Deed Poll, approval by the issuing authority, and publication in the Official Gazette could effect such changes.

This judgment effectively replaces the long-standing practice of relying on affidavits and newspaper publications with a more formal legal process. The new procedure impacts official records and national archives, including those maintained by the National Population Commission (NPC) under the National Civil Registry. Applicants will now require the services of a lawyer to draft the Deed Poll, which, once signed, becomes legally binding.

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The court noted that the judgment effectively replaced the long-standing practice of relying on affidavits and newspaper publications with a more formal legal process, adding that the procedure would also affect official records and national archives, particularly records maintained by the National Population Commission (NPC) under the National Civil Registry.