Of Human Resource Practice and Employee Change of Name
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By Frank Ofili
As human resource practitioners we often encounter a situation where an employee uses a name different from the one they were employed with. This may occur as a result of marriage (if it is a female employee) or due to some other reasons. There is nothing inherently wrong with changing from one name to another. It is legitimately within the rights of an individual to do so.
However, a name change not properly done and documented may pose a serious challenge to an employee later in their career, especially where benefits or entitlements are concerned. In Nigeria, a name change is not lawful or legitimate if it does not follow certain prescribed legal and administrative processes. So, what is the lawful and legitimate way to effect a change of name in Nigeria?
In Nigeria, changing your name lawfully and legitimately is not done through a court judgment in most cases, but through a recognized administrative process that government institutions accept. Below is the correct and commonly accepted legal process.
1, Decide the Type of Name Change
Name changes usually fall into:
- Correction of name (spelling errors, rearrangement)
- Change of surname (marriage, divorce, adoption)
- Voluntary name change (personal, religious, cultural reasons)
The process is generally the same, except marriage-related changes.
2. Swear an Affidavit of Change of Name
You must swear an Affidavit of Change of Name at:
- A High Court
- Or before a Commissioner for Oaths / Notary Public
The affidavit should state:
- Your former name
- Your new name
- Reason for the change
- A declaration that you will henceforth be known by the new name
This affidavit is the primary legal document for the name change.
3. Publish the Change of Name
(a) Newspaper Publication
- Publish the name change in at least one national newspaper
- The publication usually contains:
- Old name
- New name
- Affidavit reference
This serves as public notice.
(b) Federal Government Gazette (Optional but Strong)
- You may apply for publication in the Federal Government Gazette
- This is not mandatory, but it carries higher evidential value, especially for:
- Immigration
- International use
- Disputes or litigation
4. Update Official Records
Once you have the affidavit and publication, you must formally update each institution. There is no automatic update.
Common institutions include:
Personal Identity
- NIN (National Identity Management Commission – NIMC)
- International Passport (Nigeria Immigration Service)
- Driver’s Licence (FRSC)
Education
- WAEC / NECO
- Universities / Polytechnics
- NYSC
Financial and Employment
- Banks
- BVN
- Employer records
- Pension administrators
Each institution may request:
- Affidavit of change of name
- Newspaper publication
- Old ID / certificates
- Application letter
5. Marriage-based Name Change (if applicable)
If the change is due to marriage:
- A marriage certificate may replace the affidavit
- Some institutions still require an affidavit in addition
6. When Is a Court Order Required?
A court order is generally NOT required in Nigeria unless:
- There is a dispute over identity
- The change is being challenged
- It involves minors or guardianship issues
- It is part of ongoing litigation
Legal Authority Behind the Process
- Evidence Act – recognizes affidavits
- Oaths Act
- Administrative practice of Nigerian public institutions
- Judicial precedents confirming affidavits + publication as sufficient proof
Important Warnings
- A name change does not erase criminal liability or obligations
- Using a new name without completing official updates can cause legal issues
- False declarations in an affidavit amount to perjury
Summary (simple steps)
- Swear affidavit of change of name
- Publish in a national newspaper
- Gazette publication (optional)
- Update all official records individually
As human resource practitioners, it is our responsibility to ensure an employee’s change of name is lawfully and legitimately done and documented.
