The Way You Write Your Name Can Make You Someone Else (The Human Right of Free Access to Law Advocacy Legal Tips and Articles)

The Way You Write Your Name Can Make You Someone Else (The Human Right of Free Access to Law Advocacy Legal Tips and Articles)

Copyright © 2019 By Dr. Leesi Ebenezer Mitee, PhD in International Human Rights Law, Legal Information Technology (Legal Informatics), Indigenous Customary Law and Indigenous Rights

Little things matter. It may interest you to know that the way you write your name can make you someone else (sounds funny, maybe), as the unanimous[1] judgment of the Supreme Court of Nigeria in the case of Esenowo v. Ukpong[2] unequivocally reveals. Excerpts of the Supreme Court judgment (reproduced below) say it all. Note that the Supreme Court of Nigeria is the highest or apex court in the Nigerian legal system and its decisions and judgments are final.

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Excerpts of the Supreme Court of Nigeria Judgment in Esenowo v. Ukpong

M. A. Belgore, J.S.C. (Delivering the Leading Judgment): “This appeal is in respect of alleged libelous publication concerning the plaintiff/appellant, Dr. Esenowo Johnson Esenowo. The appellant is a medical doctor who was at the material time of the alleged offensive publication the Medical Director in charge of Memorial Specialist Clinic, Uyo. . . .

The Court of Appeal came to its conclusion by holding that the plaintiff/appellant caused the confusion by the way his name was registered in the Medical Directory of 1980, which was the then current edition with second defendant, the name entered was J. E. Esenowo, this is Exhibit E. This prompted the first defendant to minute as he did in Exhibit H as follows:-
“Dr. E. J. Esenowo is not registered with the Nigerian Medical Council, Bill cannot therefore be reimbursed.”

The Court of Appeal held that what the first defendant wrote in Exhibit H was true because the professional register for 1980 and 1981 entered the name “Esenowo, J. E.” not “E. J. Esenowo”. In professional matters it is always of great importance to have one’s name inserted correctly. The Court of Appeal therefore held that the Dr. Esenowo in the register of medical practitioners was J. E. Esenowo not E. J. Esonowo, a correct statement of fact.

Is it true that the register of Nigerian Medical Council for 1980 and 1981 did not contain plaintiff/appellant’s name? There is a world of difference between “J. E. Esenowo” and “E. J. Esenowo” for the purpose of registering a name in a professional register sanctioned by law. It allows for crooks and quacks to infiltrate into the profession if at random a person can re-arrange his initials or order in which his names are written.

Exhibit H written by first respondent queried the medical bills brought by PW6 as Exhibit E at page 92 (i.e. register of medical and dental practitioners for 1980) contained an entry thus:-
“Esenowo, Johnson Esenowo.”

The surname is Esenowo, the first and middle names being “Johnson” and “Esenowo” respectively. This will be rendered into “Dr. J. E. Esenowo” not “Dr. E. J. Esenowo” that the appellant in his pleading and evidence clearly claimed to be the correct name.”

M. E. Ogundare, J.S.C.: “I agree with the judgment of my learned brother, Belgore, J.S.C, just delivered. . . .”

U. Onu, J.S.C.: “I was privileged to have had a preview of the judgment just delivered by my learned brother Belgore, J.S.C. I am in entire agreement therewith that the appeal lacks merit and ought therefore to fail. . . .

I adopt the answers rendered by my learned brother in his consideration of the four questions posed at appellant’s instance in their embodiments as mine; his reasoning and conclusions thereof except for the few comments of mine in expatiation hereunder.

Where, as in the instant case, the appellant who as plaintiff brought about confusion to his name by fingering himself as being the person referred to as Esenowo. J. E. and E. J. Esenowo in the same breath with all the attendant irrationality, his action for libel would not merit to succeed irrespective of his tendering documentary evidence (vide Exhibit ‘D’ and ‘E’) both culminating in Exhibit H, the document in contention said to contain the offending libelous material. The name of the Medical register for 1980 and 1981, to wit: Exhibit which constitutes no more than an internal memorandum was to the effect that: “Dr. E. J. Esonowo is not registered with the Nigerian Medical Council. Bill cannot therefore be re-imbursed.”

Achike, J.S.C.: “. . . As would be recalled, the gravamen of this appeal was that the plaintiff signed Exhibit P and P1 as ‘Dr. E. J.Esenowo”, whereas the name listed in the 1980 Nigerian Judicial Registered “Dr. J. E. Esenowo”. Ordinarily, there is a world of difference in the arrangement of the initials listed in Exhibit E and those stated in Exhibit P and P1 by the plaintiff. It may well be that the plaintiff was used to arranging the initials interchangeably for which he needed to so plead and lead credible evidence in respect thereof or it may well be, on the other hand, that the initials “E. J” were exclusively used by him and perhaps that the initials “J. E,” were alien to him. Clearly, there was need to furnish some lucid explanation otherwise it would be unacceptable to accede, by the judgment of the trial Judge, that it will be too simplistic to hold that the name “Dr. E. J. Esenowo” is the same as “Dr. J. E. Esenowo”. It was in appreciation of such apparent mix-up that prompted the 1st defendant to place heavy reliance on Exhibit E. Indeed. it was 1st defendant’s reference to Exhibit E that informed him that the plaintiff, signing as “Dr. E. J. Esenowo”, could not be approved as a registered medical practitioner by the Nigerian Medical Council because the only name found in Exhibit E was ‘”Dr. J. E. Esenowo” and as earlier observed, there was no nexus by the pleadings and evidence of the sameness of “Dr. E. J. Esenowo” and “Dr. J. E. Esenowo”. Since the name listed was Dr. J.E. Esenowo, then it was perfectly legitimate for the Court of Appeal to hold that the plaintiff, signing as Dr. E. J. Esonowo, and that name not having been listed in Exhibit E as a registered medical practitioner, 1st defendant’s statement in Exhibit H could not be impugned.

. . . It is for all these, and the fuller reasons in the leading judgment of my learned brother. Belgore, J.S.C., with which I am in agreement, that I too, agree that the judgment of the Court of Appeal should be affirmed.”

U. A. Kalgo, J.S.C.: “I have had the benefit of a preview of the judgment of my learned brother Belgore, J .S.C. just delivered. I agree entirely with his reasoning and conclusions that this appeal lacks merit, and should be dismissed. . . .”

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From the excerpts of the Supreme Court of Nigeria judgment above, all the five Justices[3] agreed that the way someone’s name is written makes a whole world of difference. The Court held as follows:

The surname is Esenowo, the first and middle names being “Johnson” and “Esenowo” respectively. This will be rendered into “Dr. J. E. Esenowo” not “Dr. E. J. Esenowo”

That whole world of difference that the arrangement of one’s name makes, led the Supreme Court to hold specifically that “Dr. E. J. Esonowo is not registered with the Nigerian Medical Council.”

The normal way of writing your name follows a specific order: First name (first) Middle name or Middle names (next) Surname (last). Example, in this case: Johnson (first name) Esenowo (middle name) Esenowo (surname), i.e. Johnson Esenowo Esenowo

The said normal way of writing your name should change only where any form or document you are required to fill out specifically states that you should write your surname first. In that case, the proper order is: Surname (followed by a comma), First name Middle name Example: Esenowo, Johnson Esenowo

But where the form or document provides boxes or different places labelled “Surname”, “First name”, and “Middle name”, simply write the required name (do not add any comma after your surname). Example: (1) Surname: Esenowo (2) First name: Johnson (3) Middle name: Esenowo

Never write your middle name before your first name. It does not matter whether you are writing just the initials of your first name and middle name instead of their full version. That was the mistake of Dr. Johnson Esenowo Esenowo. The Supreme Court held that he was Dr. J. E. Esenowo, not Dr. E. J. Esenowo. You can imagine the huge costs, embarrassment, and loss that the “simple” or “little” mistake of writing his name in the wrong order caused him.

Be careful, therefore, to ensure that you write your name (whether in full or initials) in the proper order always and everywhere. Remember, the way you write your name can make you someone else, as it happened, unfortunately, to Dr. Johnson Esenowo Esenowo. This is the law on how you should write your name properly.

Remember, a wrong order or sequence of one’s first name, middle name, and last name (surname) can have serious adverse legal consequences.

Best wishes!

Copyright © 2019 By Dr. Leesi Ebenezer Mitee, PhD in International Human Rights Law, Legal Information Technology (Legal Informatics), Indigenous Customary Law and Indigenous Rights

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Footnotes

[1] A “unanimous judgment” is a judgment in which all the judges involved in deciding the case give the same decision or verdict.

[2] Esenowo v. Ukpong (1999) 6 NWLR (Pt. 608) 611; (1999) 4 S.C. (Pt I) 56; (1999) LPELR-1166 (SC).

[3] A judge of the Supreme Court of Nigeria is called a “Justice” of that Court. A judge of Nigeria’s Court of Appeal (the court immediately below the Supreme Court in hierarchy) is also called a “Justice” of that Court. A judge of any High Court is called a “Judge” of that Court.