Under Nigerian law, your personal name is generally considered part of your identity rather than a proprietary asset that you can control through the courts. This means that once your marriage is dissolved, there is usually no legal mechanism to force your ex-spouse to stop using the name they have adopted—even if that name was originally associated with you during the marriage.
Key Points
- Identity vs. Property Rights
- A personal name is seen as an aspect of identity rather than property.
- Courts do not typically have the power to compel an individual to change their name simply because it was once shared in a marital relationship.
- Post-Divorce Name Usage
- If your ex-spouse chose to keep your married name (or a variation of it) following the divorce, the law generally permits them to do so.
- There is no standard provision in Nigerian law that allows one party to prevent the other from using a name acquired during the marriage.
- Exceptional Circumstances
- If the use of the name leads to misrepresentation, defamation, or is being exploited in a commercial context in a way that infringes on trademark rights or causes demonstrable harm, there might be a basis for legal action.
- Such claims would be based on specific circumstances—such as proving that the continued use of the name is causing confusion in the marketplace or damaging your reputation—and not merely on the fact that the name was shared during the marriage.
- Practical Considerations
- In the absence of additional factors (e.g., commercial misuse or intentional misrepresentation), the courts are unlikely to order a name change for an ex-spouse.
- If the situation involves a broader issue—like defamation or misuse in a business context—it might be advisable to seek legal advice on pursuing remedies under those specific legal grounds.
Conclusion
Generally, you cannot sue your ex-spouse solely for using your name after a divorce under Nigerian law. The legal system does not provide a straightforward remedy to prevent an ex-spouse from using a name they have adopted as part of their personal identity following the dissolution of the marriage.
If you believe that the way your ex-spouse uses the name is causing you harm beyond the ordinary use (for example, through defamation or misrepresentation in a commercial context), it would be best to consult a lawyer who specializes in family or intellectual property law. They can help assess whether any legal action on other grounds is feasible given your specific circumstances.
Author: Olanlekan Natha-Alade
(c) Sun Natha-Alade & Partners (SNATHAP)
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