BY:
RIDWANULLAH OLALEKAN SOLAHUDEEN
LL.B-IN-VIEW (BUK)
The mistake of using varying names on different academic certificates is a prevalent issue anywhere, not only in Nigeria. However, the scope of this article will be restricted to Nigeria only. This error keeps recurring, despite the significant increace in the level of literacy among Nigerians. Many notable Nigerians have lost their good catch of fortune to the unfortunate result that comes knocking at their door at the eleventh hour. This happens because of the fact that the act is more probable and reasonable to be described as mischievous, scandalous and fraudulent than mistaken. This essay has only been prepared to awake all and sundry to the need to give preferential attention to names and figure-related data when submitting same for academic and other consequential purposes, minding not how seemingly bitty or trivial such may look. In this same essay, I identified and discussed some circumstances that one may find oneself which may prompt one to use different names on different academic certificates; while accompanying same with possible consequences and viable solutions.
WHY PEOPLE USE DIFFERENT NAMES ON DIFFERENT ACADEMIC CERTIFICATES
Based on personal experience, coupled with my interaction with some friends and colleagues, I was able to identify some common reasons people use different names on their academic certificates. They’re briefly discussed below in no particular order.
1. Marriage or Divorce
In some highly conservative tribes or communities, women are often encouraged to switch surnames between their fathers’ and husbands’. This act is purported to be a sign of respect or submission to the husband, denoting or portraying the wife’s readiness to associate with the husband’s family. Same happens when a widow remarries.
2. Legal name change
Some people might have correctly change their names following the due and right process of law but failed to effect same in their previous academic records, believing that the former repeals the latter. Put differently, when one decides to change one’s name, everything has to be changed altogether.
Faculty of law, Bayero University, Kano. ridwanullahsolahudeen@gmail.com
3. Cultural reasons
In some cultures, people are required that upon conferment on them of a chieftaincy title, they are to add more names. For instance, the name EREMIENYO in the name of the former Deputy Governorship candidate of Bayelsa state, Mr. Biobarakuma Degi-Eremienyo was purported to be a name acquired after receiving a chieftaincy title.
4. Doubt or Uncertainty
In some tribes, Yoruba, for instance, where children are given close to five names, kids, if not properly guided, are likely to ignorantly substitute praise names (casually called third name or oríkì—in Yoruba) on different occasions. For instance, if a child’s name are Ridwanullah, Olalekan, Ayomide and Alani, going with the surname “Solahudeen”, he may ignorantly write his name on one document as “Solahudeen Ridwanullah Olalekan” and on another document as “Solahudeen Ridwanullah Ayomide”. To him, this is nothing to worry about, after all, his parent calls him by anyone that suits their mood and fits into the circumstance.
CONSEQUENCES OF USING DIFFERENT NAMES ON DIFFERENT ACADEMIC CERTIFICATES
Using different names on different academic certificates may result in one, two, three or all of these four things: Confusion, Misrepresentation, Loss of Records and Identity Theft. The locus classicus case of PEOPLE’S DEMOCRATIC PARTY V. DEGI-EREMIENYO (2020) SC (PT. 1781) best exemplifies the consequence of this act.
In this case, the 2nd respondent, Mr Biobarakuma Degi-Eremienyo and Mr Lyon David have both won the joint ticket of the All Progressives Congress (APC), to contest in the Gubernatorial election of Bayelsa state in 2019 as Deputy Governor and Governor, respectively. In fulfilment of the requirment of section 31(1) of the Electoral Act, 2010 (as amended), the All Progressives Congress submitted the personal information and particulars of the duo to the Independent National Electoral Commission (INEC).
The People’s Democratic Party, acting on the provision of section 31(5) of the Electoral Act approached the Federal High Court of Abuja, claiming that the information supplied by the 2nd respondent (Mr Biobarakuma Degi-Eremienyo) was false, and therefore, requested that he alongside the governorship candidate be disqualified in line with the provision of section 31(6) of the Electoral Act. This claim put forward by the PDP was premised on the fact that the names appearing on Mr Biobarakuma Degi-Eremienyo’s First School Leaving Certificate, the GCE (WAEC) certificate, the first Degree certificate were not in uniformity with the affidavit sworn to in the form with INEC. In the end, the High Court ruled in favour of the PDP and so disqualified the APC candidates. The case went on for a review before the Court of Appeal, Abuja, on two separate appeals filed by the governorship candidates themselves and the APC. The court of Appeal set the judgment of the trial court aside, thereby reinstating their status as candidates. The matter was further appealed up to the Supreme Court where Mr. Degi and his partner, David Lyon were sacked.
It is important to capture that Mr Degi made several attempts to correct the mistake through several affidavits of “correction and confirmation of name”, “regularization of name”, and “addition of name.” Did all these attempts go futile? Let us see why the apex court resolved so.
Faculty of law, Bayero University, Kano. ridwanullahsolahudeen@gmail.com
—On who can effect change of name on educational certificate
“It is only the authorities that issued certificates that can effectively change the names appearing thereon and no affidavit of correction or regularization can effectively change the names. In the instant case, it was only the authorities that issued the First School Leaving Certificate issued in 1976, and the West African Examination Council that issued the GCE in 1984 that could effectively change the names appearing thereon, and not the 1st respondent as he attempted to do.”
From the position of the Supreme Court in page 290, paragraphs D-E written above from the sample case, it is safe to infer that merely deposing to an affidavit cannot solve the problem arising from a conflict between names written on different academic certificates. In other words, contrary to what some erroneously believe, an affidavit does not change the name on a legally awarded certificate.
—On procedure for change, correction and confirmation of names
“Affidavit of change, correction and confirmation of name has to be by a Deed Poll and not by mere deposition. In the instant case, the trial court was right that it is only by a Deed Poll, and not by mere deposition, that a change of name on an official certificate can be effected and further that since the procedure necessarily affects official record and archives of the nation, it is after the Deed Poll that the deponent approaches the Nigerian Civil Registry to have the change published in the official gazette. None of those procedures was done by the 1st respondent in this case.”
Flowing from the ruling above which can be found on page 290, paragraph F of the case cited, it is understood that, if at any point in time, a circumstance calls for change of name, merely deposing to an affidavit is not sufficient. The right procedure is by a Deed Poll and to further effect same in the record of the Nigerian Civil Registry.
CONCLUSION
It is recommended that anyone facing this challenge should approach a lawyer to seek guidance on how a Deed Poll is made. Parents and intending parents are further enjoined to assist their kids to prevent similar mistake by making proactive measures to resolve every possible uncertainties and doubts that may affect their names. This can be achieved by teaching the kids to commit details of their profiles such as full name, date of birth, age, etc. to memory.
Faculty of law, Bayero University, Kano. ridwanullahsolahudeen@gmail.com
REFERENCES
1. P.D.P V. Degi-Eremienyo (2020) SC (pt. 1781)
2. (13th, Feb. 2020) Premium Times – Nigeria leading newspaper for News, investigations. Available at: https://www.premiumtimesng.com/news/headlines/377269-why-supreme-court-sacked-bayelsa-apc-governor-elect-david-lyon.html?tztc=1 (Accessed: 16 December 2023).
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