WHAT IS IN A NAME; SAHEED BALOGUN V. FATHIA BALOGUN

I have received several mails in the last few days from blog visitors telling me to discuss the legal angle of the matter between the movie producer and actor Mr. Saheed Balogun and his embattled ex-wife Fathia Balogun.

It has been in the pages of soft sells lately that Saheed want his ex wife to drop his name since she is no longer married to him, the lady objected to this by saying no ,she earned the name and will not drop it.

The law governing marriage under the act in Nigeria is the Matrimonial Causes Act. This act regulate all matters relating to marriage varying from rights of parties, custody of children in case of divorce, judicial separation to mention a few.

I may not be able to tell what the outcome of the case between Saheed and Fathia would be because I am not privileged to know the kind of marriage they contracted but the matrimonial causes act does not provide for ground which an ex wife may be compelled to drop the ex husband’s name.

Another major source of the Nigerian law is the Common Law of England and I have not come across a law in England that says a woman must change the name after divorce, how the marriage ended affects the woman’s choice of either dropping or retaining the name.

Therefore in England the ex husband does not have the right to ask you to drop his name .it is your legal right to keep your married name.

In the united state of America, it is also a lady’s choice to retain or drop the ex husband’s name.

In Indian the supreme  court held in a case similar to this that a woman acquires the surname by virtue of her marriage, when the marriage is dissolved the man has the right to take recourse to court to restrain his former wife from using his name.

Please note that the decision of the Indian court cannot serve as precedent in Nigeria, It was only stated in this discussion for information purpose.

Also, by virtue of the child’s right Act every Nigerian is entitled to name and there is no restriction whatsoever on the name chosen.

Why would a woman want to retain her ex husband’s name, if I am asked ,there is no point since the reason why one got the name has been forfeited ,it will not be of any importance and  impact in one’s life, but what happens to someone who has built a name in her chosen career though this name, is swearing to an affidavit sufficient to pass the message across to her client of so many years, it will be difficult because such person won’t want to give up her consistent identity.

The love for the children is also a determinant factor especially if that woman did not re-marry.

What are the options available to the man, Saheed in this case, if he can prove that the ex wife has been parading herself as still married to him and this has prevented him from marrying another woman and also prove of fraud by using his name, then Fathia may be left with no other choice than to go back to her maiden name or which ever name she desires.

Let us wait to see the outcome of the case but as at today this is what the law says. 

God forbid a lawyer should know all the law- Lord DENNING

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL