Some Nigerian lawyers have called for greater public awareness of the legal requirement for a deed poll for a name change, six years after a judicial pronouncement on the subject.

The lawyers, who spoke in separate interviews on Sunday, said that even though the procedure for a name change now includes a deed poll and publication in the official gazette, many individuals and entities appear ignorant of the procedure.

A deed poll is a formal legal document prepared by a lawyer for a single person, binding them to a specific action. It is most commonly used to officially change a person’s name.

It serves as a personal declaration rather than an agreement between multiple parties.

Until the Supreme Court’s 2020 decision in PDP v. Biobarakuma Degi-Eremienyo & Others, persons who wished to change their names merely deposed to an affidavit for name correction, confirmation, or rearrangement and published a notice to that effect in a newspaper.

However, in the case mentioned, the apex court held that the procedure was invalid.

According to the court, for a person to validly change their name for the purpose of updating official records, they must execute a deed poll and then proceed to the Nigeria Civil Registry or the National Population Commission to have the new name published in the official gazette.

Reacting to the development, a Lagos-based social critic, Spurgeon Ataene, underscored the need for public enlightenment on the procedure, noting that it added a new dimension to the otherwise simple process of changing a name.

He noted that the court should have considered Nigeria’s peculiar circumstances before deciding that a name change remains invalid unless effected through a gazetted deed poll.

While faulting the invalidation of the usual name-change procedure involving an affidavit and newspaper publication, he stressed the importance of public enlightenment and establishing facilities for an online deed poll to make the process seamless.

“Before embarking on this, shouldn’t facilities for an online deed poll for change of name be established, since newspaper publication and affidavits have suddenly become invalid and irrelevant?

“I want to believe that this item may not be on the Exclusive Legislative List. States may remain indifferent for some time, as the facilities needed for implementation are really not in place for now.

“Notwithstanding the Supreme Court’s decision six years ago, enforcing this judgment on the states will be rather cumbersome unless there is a policy directive by the federal government to do so.

“Moreover, if this is not captured in the Concurrent Legislative List, then the states will be in contempt once the Attorney General of the Federation brings the judgment on deed poll to their notice.

“If it is on the Concurrent Legislative List, then the judgment will mandate the states to enact laws bringing their legal frameworks in tandem with the aforesaid judgement of the Supreme Court,” he said.

In the same vein, another Lagos-based lawyer, Jude Nwancho, noted that the requirement for a deed poll had existed for some time but described the process as cumbersome.

He, however, stressed the importance of adhering to the law and urged the public to follow due process.

He noted that name changes effected through an affidavit and newspaper publication would be considered invalid.

On his part, the convener of the Duty Solicitors Network, Bayo Akinlade, described the requirement of a deed poll as an added authentication process for a change of name, especially for embassy-related matters.

“It is simply an additional legal document prepared by a lawyer to inform the public that you have changed your name,” he said.

Mr Akinlade noted that within Nigeria, a deed poll may not be strictly required, but it is important for embassy processes and overseas travel involving a change of name.

Also speaking, a member of the African Women Lawyers Association, Ebere Obiora, said that a deed poll, as a legal instrument, was essential for the effective change of a name.

She, however, attributed its low usage to a lack of awareness and information among many individuals.

“The issue is that many people are not aware of this requirement for a change of name and, as lawyers, we are not expected to solicit or chase clients to execute a deed poll,” she said.

Sharing his views, another Lagos-based lawyer, Chibuikem Opara of Justification Chambers, Ikeja, said the Supreme Court judgement had not abolished the use of affidavits and newspaper publications for a change of name, adding that it should not be misconstrued.

“I do not think the Supreme Court judgement has in any way abolished affidavits and newspaper publications as a means of changing one’s name.

“In my view, what the Supreme Court meant is that a deed poll and publication in the official gazette constitute the fuller and better procedure for a change of name, and nothing more,” he said.

According to him, the apex court merely affirmed that the execution of a deed poll and publication in the official gazette constitute a more comprehensive procedure for changing a name.

Meanwhile, a court official who spoke on the condition of anonymity said that while a deed poll is now legally recognised for a change of name, some entities still accept a regular affidavit sworn to by the deponent before a Commissioner for Oaths or a Notary Public.

“We are aware of the deed poll, but the regular affidavit is still very much in use and acceptable,” he said.

Similarly, an authoritative source at the National Population Commission in Lagos, who also spoke on the condition of anonymity, said that the requirement for a deed poll depended on the state.

According to the source, while some states, such as Lagos, insist on the use of a deed poll, particularly for embassy-related matters, the same cannot be said of other states in the federation.

“It depends on what the document is to be used for. If an individual intends to use it for travel purposes, then they must execute a deed poll,” the source said.

(NAN)