CHANGE & CORRECTION OF NAME BY MERE AFFIDAVIT IN NIGERIA

Is no longer valid for..

Jerome Kalu

CHANGE & CORRECTION OF NAME..|| 17 Aug, 2024

NEW OR IMPROVED PROCESS.

Now in Nigeria, mere disposition of affidavit is not enough for a change or correction of name.

The affidavit that I know, overtime, has been 'a time and life saver' for an average Nigerian, pertaining to change of name(s). It acted as a quick response to emergencies. In this sense, I mean one could approach a random lawyer at any time and place, who would provide them with an affidavit, even without meeting them at the court.

For instance, when one loses a Sim Card, certain details about the person are required, and these details are contained in an affidavit. When one loses his or her Original (Birth) Certificate, an affidavit stands as a replacement for it, which was as easy to obtain as "knowing your neighbor who is a lawyer."

According to the Supreme Court of Nigeria, "change and correction of names by mere affidavit is no longer valid." There is a new or improved process.

The term Affidavit refers to a sworn statement in written format made especially under an oath or affirmation before an authorized officer or Magistrate. It is a declaration of facts made in writing and sworn before a person having the authority to administer oaths. All affidavits are verified statements and printed on Stamp papers of different denominations. All affidavits need to be drawn up in the first person and should contain facts and not inferences.

A person who makes an affidavit is called a Deponent or an Affiant. The person who has the authority to attest a certificate may be a Magistrate (Judicial or Executive), a Notary Public, or a Commissioner of Oaths depending on the affidavit's requirements. However, it is advisable to consult a legal lawyer for proper guidance.

PS: An affidavit is simply a written statement confirmed by oath. It is generally used to evidence facts contained in the statement and is deposed to a commissioner of oaths.

A slight change in procedure, below are the new steps to obtain an affidavit:

  • Application Letter Addressed To the Chief Registrar
  • Deed of Change of Name duly stamped at the stamp duty office
  • Affidavit of Change of Name
  • Photocopy of Call to Bar certificate, and original for citing
  • Photocopy of Qualifying Certificates, and original for citing
  • Birth certificate or sworn declaration of age
  • Local Government Indigene Certificate
  • Marriage Certificate
  • Newspaper Publication
  • Passport Photograph
  • Verification letter from Nigerian Bar Association
  • Letter of introduction from the Nigerian Law School

After all is done, the document must be notarized, signed in the presence of witnesses, and the affiant must swear that the facts contained in it are true and correct before proceeding to any Civil Registry. Meanwhile, he or she must have read thoroughly through the information contained in the affidavit before signing it and publishing it in any newspaper.

It is advisable to use the Supreme Court for this process. The 1999 Constitution of the Federal Republic of Nigeria establishes the Supreme Court as the apex court, therefore, the prescribed filing fees are more affordable.

This change in procedure to obtain an affidavit should be well disseminated and made accessible, so the average Nigerian, who does not like much stress but prefers easy access, may still see reason and have the convenience to follow due process.

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