by O. G. Chukkol.
It is not unusual for people to change their names in
Nigeria. The reasons behind that are diverse. Changing of name is hardly a
problem since it mostly falls within private affairs of individuals.
But one cannot rule out the possibility of issues arising
from such change of name or attempt to change the name. For instance: in some
work places, restrictions are placed on the specific names that can be changed
or even prohibit the change of name completely; most schools including
universities do not permit change of name once admitted as student etc
This article seeks to state the law as it relates to
legality or otherwise of institutions, organizations, places of work etc
prohibiting their staff or students from changing their names.
In NMCN v. ADESINA (2016) LPELR-40610(CA), Kehinde Yekini
was a nurse. After marriage and conversion to Christianity, she changed her
name to Mrs Esther Bose Adesina. Nursing And Midwifery Council Of Nigeria
(NMCN), a body responsible for the granting and renewal of nursing license
refused to renew her license with her new name but rather renewed same with her
old name. NMCN claimed that their rules and policy prohibits changing of names
except surname. In fact, for males, change of name is totally prohibited
without an exception. She approached Court for the enforcement of her
fundamental rights to Religion and freedom from discrimination. The court gave
judgement in her favour and nullified that policy. The Court reasoned as
follows:
“It is my considered opinion, a Nigerian and indeed any
person entitled to change his name not only for marital purposes but also for
religious purposes especially in a country like Nigeria both male and female
can change their name for instance a Christian, Abraham can chose [sic]to be
Ibrahim, a Muslim or vice versa if the interpretation or decision of the
Respondent is to be conceded to then there would be a discrimination that only
females can change but their maiden name, but not their whole names. There is
no Law that says a female cannot change all her names. To that extent, I hold
that the appeal has merit and this Court is prepared to strike down that
provision of the guideline as being unconstitutional.”
NMCN appealed but they did not succeed. The Court of Appeal
affirmed the decision above. The Court while agreeing with the learned judge
that delivered the judgement at the Federal High Court Asaba held that:
“The Appellant never challenged the deposition that her
change of name was consequent upon becoming a Christian.… it is pursuant to her
constitutional right of freedom to change her religious belief that the
Respondent became a Christian with the consequent change of name,… “Names are
meant not only to identify. In Nigeria names are borne for a variety of reasons
some for ethnic, religious reasons as well as circumstances of birth. In the
instant case where the reasons advanced for the change of the names are
religious and marital, the names are interwoven with the fundamental rights to
practice religion of her choice and not to be discriminated against on that
account. Section 42(1) of the 1999 Constitution…”
This case has laid to rest any likely controversy over this
topic. Without peradventure, a Nigerian can change his name if he so wishes.
Any other law or policy that prohibits change of name shall be null and of no
effect.
ADDENDUM
Cases are authorities only on what they decide. This case
has not laid a blanket principle to be applied in all circumstances. For a
person to enjoy the unfettered right to change his name anywhere and anytime in
Nigeria, he must connect same to one of the rights in chapter IV of the
constitution. Else his action may fail.
The rights in chapter IV of the constitution are not
absolute, they can be derogated by the operation of section 45 of the
constitution. In other words there are circumstances where the courts may give
effect to a particular law that prohibits change of name even if the reason for
the change of name has connection with a particular right in chapter IV of the
constitution.
It should be noted however that the burden is on the person
relying on section 45 to establish that the law he is relying upon to prevent
someone from changing his name is justifiable in a democratic society. See
Abdulkareem V Lagos State Government (2016) 15 NWLR (pt. 1535) 177
✍
O. G.
Chukkol,
Student,
Faculty
of Law,
ABU, Zaria.
oliverchukkol@gmail.com
08032470318
27th
December, 2018
