A Review of the Decision of the Supreme Court in PDP vs. Degi-Eremienyo

CHANGE OF NAMES IN NIGERIA: A REVIEW OF THE DECISION OF THE SUPREME COURT IN PDP VS. DEGI-EREMIENYO.

Felicity Enyinnia

Authorized Affiliate

(Osborne Regulation Observe)

INTRODUCTION

An individual’s title is his id. Names are usually given to folks from start. Nevertheless, bearing a selected title shouldn’t be immutable. It’s topic to alter by incidence of sure occasion(s). As an example, it’s the apply in Nigeria and in most commonwealth nations for girls to alter their surnames to that of their husbands upon marriage. There could also be situations the place husbands change their names to that of their wives.

Some folks additionally change their names once they expertise a change of their religion. Some change their names upon the invention of the true state of their paternity, upon divorce, upon a decree of jactitation of marriage or by mere adoption. In some circumstances, folks change their names for no purpose in any respect. Within the case of NMCN vs. Adesina , the Court docket of Attraction affirmed the appropriate of the Respondent to alter her title as she pleases, when it held as follows:

“The Appellant by no means challenged the deposition that her change of title was consequent upon turning into a Christian…it’s pursuant to her constitutional proper of freedom to alter her spiritual perception that the Respondent turned a Christian with the resultant change of title,.. Names are meant not solely to id. In Nigeria, names are borne for a wide range of causes some for ethnic, spiritual causes in addition to circumstances of start. Within the on the spot case the place the explanations superior for the change of the names are spiritual and marital, the names are interwoven with the basic rights to apply faith of her selection and to not be discriminated in opposition to on that account.. Part 42 (1) of the 1999 Structure.”

From the above resolution, it’s settled past any disputation {that a} Nigerian is at liberty to alter his/her title as he/she pleases. Additionally, change of title shouldn’t be a up to date phenomenon. Within the e-book of Genesis 17:5, God modified Abram’s title to Abraham. Saul’s title was additionally modified to Paul (Romans 13:9). The foregoing exhibits that change of title shouldn’t be a latest phenomenon however has been the apply from time immemorial.

Identify is to id as air is to life. Names are so essential that the re-arrangement of it could disentitle an individual of the advantage of it. As an example, if the official association of my title is on this sequence: Okoro, Tessy Muna, the re-arrangement of my title to Tessy Muna Okoro in one other doc might create an insinuation of a special particular person within the thoughts of the receiver of that doc. The Supreme Court docket, within the case of Esenowo vs. Ukpong , whereas elucidating on the significance of order by which names are written held to wit:

“There’s a world of distinction between “J.E. Esenowo” and “E.J. Esenowo” for the aim of registering a reputation in knowledgeable register sanctioned by regulation. An individual can’t at random re-arrange his initials or the order by which his names are written for the aim of registering a reputation in knowledgeable register sanctioned by regulation.”

To this impact, for a person to correctly lay declare to a reputation as his id, he should proffer, not simply proof of utilization of the title however that, the title is organized within the method as contained within the official doc allocating the stated title to him.

CHANGE OF NAME: THE EXTANT POSITION IN NIGERIA

Having given the above background with respect to the jurisprudence of names in Nigeria, it’s now essential to state that the aim of this write-up is to look at the problems arising from the judgment of the Supreme Court docket within the case of P.D.P. vs. Degi-Eremienyo , on the procedural steps and implications of change of title in Nigeria.

In that case, the Appellants, pursuant to Part 31 (5) of the Electoral Act, 2010, commenced an motion on the Federal Excessive Court docket, claiming that the data provided by the first Respondent in INEC Type CF001 was false, and prayed the Court docket to disqualify the first Respondent (consequently, the 2nd Respondent) from contesting within the Bayelsa State Gubernatorial Election. The Appellants predicated their motion on the truth that, in his sworn INEC Type CF001, the first Respondent connected a number of academic certificates containing varied names aside from his title. To reconcile the nuances within the names contained within the a number of academic certificates, the first Respondent deposed to sworn affidavits of ‘correction and affirmation of title’, ‘regularisation of title’ and ‘addition of title’. Nevertheless, the names contained within the stated sworn affidavits have been at variance, and as such, not enough to point out that the first Respondent is the holder of the academic certificates which he claimed to have obtained from totally different academic establishments. It was on the idea of the irreconcilable variations within the academic certificates vis-à-vis the first Respondent’s title and people contained within the sworn affidavits that, the Appellants moved the Court docket to invoke the provisions of Part 31 (5) of the Electoral Act, and declare that the first Respondent gave false info, by the actual fact of his multiplicity of names, to INEC.

In its resolution, the trial court docket held that, the first Respondent gave false info in his INEC FORM CF001, and accordingly, disqualified the first Respondent from contesting within the election. Peeved, the Respondents appealed to the Court docket of Attraction. The enchantment was allowed and the choice of the trial court docket was put aside. Aggrieved by the choice of the Court docket of Attraction, the Appellants appealed to the Supreme Court docket. The Supreme Court docket, in its judgment, affirming the choice of the trial Court docket held thus:

The trial court docket additionally appropriately acknowledged the process for regularisation and correction. Its assertion at pages 575 and 576 “that affidavit of change, correction and affirmation of title must be by deed ballot and never mere deposition.”

By extension, the Supreme Court docket additional held:

“Within the on the spot case, the trial court docket was proper that it is just by a Deed Ballot, and never by mere deposition, {that a} change in a reputation on an official certificates may be effected and additional that because the process essentially impacts official document and archives of the nation, it’s after the Deed Ballot that the deponent approaches the Nigerian Civil Registry to have the change revealed within the official gazette.”

Previous to the Supreme Court docket’s resolution within the on the spot case, it has been the process for any particular person desiring to have a change of his title to easily depose to an Affidavit of Change of Identify, earlier than any of the designated authorities, and thereafter, trigger an advertorial of the change of title to be positioned in a Nationwide Newspaper of large circulation. On this case, the place an Affidavit of Change of Identify is correctly deposed to, presentation of the stated affidavit, simpliciter, suffices as show of change of title. Nevertheless, the latest resolution of the Supreme Court docket within the referenced case has set out the authorized and acceptable process for change of title in Nigeria.

Subsequently, within the gentle of the Supreme Court docket’s resolution within the above referred case, the recognised process for change, correction and affirmation of title in Nigeria is, by Deed Ballot, correctly executed by the social gathering; thereafter, the social gathering is anticipated to lodge the Deed Ballot with the Nigerian Civil Registry, a division of the Nationwide Inhabitants Fee (presumably), to have the change of title revealed within the official gazette.

Based on Merriam-Webster Dictionary, Deed Ballot is a authorized doc made and executed by just one social gathering. A deed ballot, strictly talking, shouldn’t be a contract as a result of it binds just one social gathering and expresses an intention as an alternative of a promise. Subsequently, a Deed Ballot of Change of Identify is a authorized doc whereby the social gathering executing identical expresses an intention to relinquish his previous title and use a brand new title for all functions. A Deed Ballot of Change of Identify is binding on the social gathering upon execution.

The result of the choice of the Supreme Court docket within the reference case is that, Affidavit of Change of Identify is not a recognised instrument for change of title in Nigeria. To this finish, individuals who’ve hitherto this judgment, purportedly modified their names by Affidavit of change of Identify are suggested to, according to the Court docket’s resolution, execute a Deed Ballot and thereafter, lodge identical at Nigerian Civil Registry for publication within the official gazette. That is to regularize the purported change of title and to stop eventualities that will floor to deprive one from taking good thing about rights accruing to him in his title.

The reasoning of the Supreme Court docket that, executed Deeds of Change of Identify must be lodged at Nigerian Civil Registry for publication and document objective is rational. The names of Nigerian residents are stored as a part of the official data of Nigeria, and the place alterations are made within the registered names, such alternations shall, for the aim of rectifying the data, be dropped at the information of Nigerian Civil Registry. In Nigeria, mother and father and/or guardians are mandated, pursuant to Part 7 of Births, Dying, And many others (Obligatory Registration) Act, 1992, to register the start of each baby born in Nigeria with the registrar of births and deaths for the world by which the kid was born by coming into in a register stored for that space such particulars in regards to the start as could also be prescribed………..”. The particulars required for the stated registration of births are offered for in Regulation 9 of Births, Deaths, Marriage, And many others, Rules made pursuant to Births, Deaths, And many others (Obligatory Registration) Act, 1992. It supplies to wit:

(1) An individual required by regulation to register a start shall present the next info in regards to the start of the kid, that’s‐

(a) in respect of the kid‐

(i) its title, if any; (ii) its date of start; (iii) the place the place the start occurred; and (iv) the kind of start;

By the provisions of the Sections of the Act talked about within the previous paragraph, it’s appropriate to say that the official title of each Nigerian citizen is that as registered within the register of births with the Nationwide Inhabitants Fee and contained within the start certificates issued by the stated Fee.

On the power of the forgoing, the place the title the applicant seeks to alter already types a knowledge of the Nigerian Civil Registry, he/she should register the Deed Ballot with the authority in order that the database of identical could also be rectified. Additionally, the place the previous title types a part of any public document in Nigeria, it’s obligatory that the brand new title be revealed within the official gazette of the Federal Republic of Nigeria.

THE PRACTICE IN ENGLAND

In England and Wales, any grownup particular person might legally change his or her title by easy assumption and utilization as long as the intention in so doing shouldn’t be fraudulent. Change by utilization and repute is the one means by which a reputation may be modified. There isn’t a authorized requirement or process which must be adopted, save within the case of kids. Change of title by Deed Ballot and by varied different acknowledged strategies are merely methods of evidencing and promoting the change. The place it’s supposed to alter a toddler’s title by deed ballot, the shape differs relying on whether or not the kid is aged underneath 16 or over 16. Within the case of a kid aged underneath 16, offered the mother and father agree, or one in all them is useless or can’t be discovered, the change of title may be evidenced in the identical means as by an grownup executing a deed ballot, however the deed is executed by the father or mother on behalf of the kid. The place the kid is aged over 16, the kid might execute the deed on his or her personal behalf topic to the consent of the kid’s mother and father; or the deed could also be executed by the mother and father on behalf of the kid, however it should be endorsed with the Baby’s consent.

In England, there isn’t a authorized provision which requires {that a} deed ballot of change of title should be enrolled. An utility to enrol is solely discretionary. The enrolment of a deed ballot doesn’t make the change of title any extra legally efficient than the execution of the deed itself. The aim and benefits of enrolling the deed are that it supplies certainty and protected custody; copies can be found when required; and the change of title is marketed within the London Gazette. A change of title which has been evidenced by a deed ballot could also be modified once more by one other deed. Additionally, a deed which has been enrolled could also be cancelled .

MY POLEMICS

Whereas I commend the Supreme Court docket for enumerating the right process for change, correction and regularization of title in Nigeria, it’s my humble opinion that, the choice of the Supreme Court docket in P.D.P. vs. Degi-Eremienyo (supra) was not predicated on any recognized regulation in Nigeria. In its resolution, the Supreme Court docket didn’t proffer the extant regulation that gives that, change or correction of title should be effected by Deed Ballot. Neither did the Court docket confer with the Enabling Act that establishes and empowers the Nigerian Civil Registry to supervise publication of change and correction of title in Nigeria. The judgment of the Supreme Court docket within the on the spot case, with respect, can greatest be described as scanty.

Having gone via the choice, it’s my candid opinion that, the choice of the Court docket herein shouldn’t be justifiable within the gentle of the recognized apply in Nigeria.

On a second thought, might or not it’s that the Court docket in its resolution imported the process as it’s relevant in England and different frequent regulation nations? As above acknowledged, Deed Ballot is the most typical formal methodology of change of title in England. The usage of Deed Ballot (Deed of Change of Identify) as instrument of change of title originated from the UK within the case of Re Parrott, Cox vs. Parrott .

Nigerian Courts are empowered by relevant legal guidelines and Guidelines of Court docket to import guidelines and/or procedures relevant in England and different frequent regulation nations the place there are lacunas in our legal guidelines. English regulation types a fraction of the Nigerian authorized system, so, it’s presumable that, the Supreme Court docket supposed and imported the process as it’s relevant in England on this case. Though, the Supreme Court docket was not specific on this level, it’s implicit from the circumstances of this case, and within the gentle of the relevant process in England.

In conclusion, it’s my opinion that, the Supreme Court docket as the best court docket of the land, ought to try to be specific in its holdings, and canopy all grounds in its selections, leaving no room for confusion and speculations within the minds of the general public.