An affidavit has been used over time for various reasons one of which had to do with the change or correction of one’s name. However, the Supreme Court gave a decision in the case of PDP V Degi- Eremienyo which now requires that in order to change or correct one’s name, such individual has to use a deed poll.
Before this decision of the Supreme Court, what was obtainable was that when a person had cause to either correct or change their name, all that was needed to do was to swear an affidavit and then publish a notice of change of name in a newspaper. In this article, we would examine what a deed poll means, and the procedures an individual must take under the new law to change their name.
While a ‘deed’ may be a term that is used quite often among people in land transactions, there are other ways in which it may be used. A deed is a document which either passes interest in a property, or that binds a person to perform or abstain from doing an action. A deed can also furnish evidence or information about something.
Generally, a deed may be of two types which are: indentures and deed polls. An indenture is a type of deed which binds two or more persons. A deed poll on the other hand is a type of deed which only needs to be granted or executed by one person.
In order for a person to change their name under the new decision of the Supreme court, he or she must execute a deed poll which must give enough information as regards the particulars of such person’s identity, and the name he or she wants to change or correct. After such deed poll is executed, he or she is required proceed to the Nigerian Civil Registry to have it published in an official gazette.
It is necessary to note that a deed poll can only be prepared by a legal practitioner for it to be valid under law. Unlike an affidavit which may be prepared by anyone and taken to the registry of a court, a deed is required to be signed not only by the individual in question, but must also carry a lawyer’s seal.
Source: Nigeria Weekly Law Report, Property law by Y.Y Dadem
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