Nigeria: Requirements and procedures an adult must fulfill to obtain a birth certificate, including for those who apply from within the country and abroad

1. Background

In correspondence with the Research Directorate, an assistant superintendant of the police who works as an investigator at the Special Fraudulent Unit stated that in Nigeria the following three documents are accepted as proof of birth: birth certificate, declaration of age, and an affidavit sworn by parents or a guardian (Nigeria 5 Nov. 2013). The investigator added that birth certificates are "optional," as in 2012, the National Assembly ruled that adults could obtain either a birth certificate, or a sworn affidavit or declaration of age as proof of age (ibid. 15 Oct. 2013).

The investigator indicated that birth certificates are more common among people born after the establishment of the National Population Commission (NPC) (ibid. 5 Nov. 2013). The investigator also said that there is "no major reason" to apply for a birth certificate (ibid. 15 Oct. 2013). He also indicated that "quite a number of Nigerians do not apply for birth certificates, especially those from the northern part of Nigeria, except when they are applying for a job," at which time they still may not obtain a birth certificate because "most of them do not know when they were born" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, the Deputy Director of the Vital Registration Department of the NPC indicated that birth certificates are only issued to children born in Nigeria under the age of 18 years old whose births are registered (Nigeria 25 Oct. 2013a). He stated that people over 18 who were not registered at the time of their births are issued "attestation letters" (ibid.). He said an attestation letter is a "legal document issued to back up the age declaration affidavit of an individual who is over 18 years of age" (ibid.). He added that, before 1988, a declaration of age affidavit was sufficient, but now the affidavit must be accompanied by an attestation letter issued by the NPC (ibid. 25 Oct. 2013b). In contrast, the investigator indicated that, although some people do have both documents, "a declaration of age can stand on its own as proof of one's date of birth. It does not need to be accompanied by an attestation letter issued by the National Population Commission" (Nigeria 5 Nov. 2013).

2. Appearance of Birth Certificates

The Deputy Director of the NPC's Vital Registration Department indicated that birth certificates issued before 2007 were black and white, but since then have been printed in color and contain a logo (Nigeria 25 Oct. 2013a). The Deputy Director also stated that birth certificates are printed at headquarters, so "all look identical" (ibid. 25 Oct. 2013b). However, the investigator stated that "all birth certificates do not look identical. States and local governments print their birth certificates differently" (ibid.15 Oct. 2013). In correspondence with the Research Directorate, an official at the Canada Border Services Agency's National Document Centre also stated that there are variations in birth certificates "depending on where the issuance took place" (Canada 7 Nov. 2013). The investigator said that there are "no hidden or security features to identify the state or local government that issued a particular birth certificate. Sometimes the poor nature of some birth certificates is attributed to the local government that issued it and not the applicants" (15 Oct. 2013). He also said that "most of the birth certificates issued after the establishment of the National Population Commission (NPC) in some states are verifiable" (Nigeria 15 Oct. 2013). He said that some local governments in urban areas used to send their records to the NPC for retention (ibid. 19 Oct. 2013). Further information and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Requirements and Procedures for an Adult to Obtain a Birth Certificate in Nigeria

The investigator stated that there are differences in the issuing procedures of birth certificates in Nigeria (ibid. 15 Oct. 2013). According to the US Department of State's Country Reciprocity Schedule, the NPC "issues birth certificates for births after 1992" (n.d.). The investigator said that the NPC was established through decree 69 of 1992, and is the "only body empowered by the Constitution of Nigeria to issue birth certificates" (Nigeria 22 Oct. 2013). Similarly, the Deputy Director of the NPC's Vital Registration Department stated that, according to the law, the NPC is the only body responsible for birth registration and the issuance of birth certificates (ibid. 25 Oct. 2013b). On 27 September 2002, P.M. News, a newspaper distributed in Lagos, reported on a custody case, and refers to a birth certificate issued in a hospital. Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The investigator indicated that there is an office dedicated to the issuance of birth and death certificates in every local government area, and that this office is related to the NPC (Nigeria 22 Oct. 2013). He added that

birth certificates issued by these offices are sent to the headquarters of the NPC in the state. Therefore the certificates are issued on behalf of the NPC and that is why every certificate has the name of the NPC on it. (ibid.)

The investigator indicated that in order to obtain a birth certificate, an applicant or their representative should go to the local government area where the applicant resides and provide two passport photographs of the applicant (ibid. 15 Oct. 2013). The investigator said that "sometimes applicants are required to present their national identity cards or work identity, but not all Nigerians have national identity cards...so most times it is not a requirement" (ibid.).

According to the investigator, in "most" local governments where birth certificates are obtained, "no application forms are required" (ibid.). Rather, applicants usually come with a piece of paper in which they have written their "names, date of birth, place of birth, names of parents, tribes, state of origin and local government area" (ibid.). He added that some local governments may design a document resembling an application form, but this form is "not a standard form from the National Population Commission" (ibid. 19 Oct. 2013).

The investigator indicated that the fees required to obtain a birth certificate are "not uniform" (ibid. 15 Oct. 2013). He added that the fees that the applicant must pay "depend on the bargaining power of the applicant or his/her representative" (ibid.). He indicated that it is possible that the same local government area could have different fee requirements for different applicants, because local governments are "very poor" (ibid. 19 Oct. 2013).

According to the investigator, there is no database of birth certificates and no records to consult when issuing birth certificates (Nigeria 15 Oct. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. The investigator said that "most of all the birth certificates are issued manually, so the only verification conducted by the authority is making sure that the applicant is Nigerian" which is usually evident based on the applicant's name, as "it is very easy for a Nigerian to identify another Nigerian" (ibid.). Dayton Daily News, an Ohio-based newspaper, reports that birth certificates are often "penciled in" (17 Jan. 2011). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The investigator indicated that processing times vary "because of the demand in a particular area" (Nigeria 15 Oct. 2013). He said that civil servants who issue birth certificates are available from Monday to Friday and that processing times also depend on "the preparedness of the applicant" (ibid.).

4. Requirements and Procedures for an Adult to Obtain a Birth Certificate from Outside of Nigeria

According to the investigator, the requirements for an adult to obtain a birth certificate from outside of Nigeria are "almost the same" as applying from inside Nigeria (ibid.). He added that adults applying from outside of Nigeria need to submit their passport photographs through a representative who will then provide the applicant's "details" to the local government where the application is being made (ibid.). He added that an adult can also obtain a sworn affidavit instead of a birth certificate, "either directly or through his/her parents" (ibid.).

The investigator indicated that a proxy can apply for and pick up a birth certificate on behalf of the applicant upon the applicant's request, however the proxy must provide all of the "necessary information" about the applicant, such as their date of birth, place of birth, state of origin, local government area, and tribe (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Requirements and Procedures to Obtain a Declaration of Age in Nigeria

The investigator indicated that the requirement to obtain a sworn affidavit is a passport photograph (Nigeria 19 Oct. 2013). The investigator indicated that sworn affidavits and declarations of age are done "in a court of law and on oath" (ibid. 22 Oct. 2013). The Deputy Director indicated that sworn age declaration affidavits are made by applicants at the "High court that has jurisdiction within the state where the attestation is being processed" (ibid. 25 Oct. 2013a).

On 14 November 2011, Leadership, a Nigerian national newspaper, reported the following experience of a person who went to the magistrate court in Suleja [Niger state] to process a declaration of age for his deceased father, as requested by his father's insurance company to process his insurance policy:

Chuks met the man under the tree attending to another client. He motions him to wait. After some minutes, he brought out a bunch of forms from his bag, gave one to Chuks to quickly complete and return with N500. Chuks disagrees with the price and decided to bargain; soon they arrived at a price of N300. Chuks quickly filled the form, omitting some of the information he could not provide.

Normally, the process requires the presence of the person whose age is being declared at the court, but within 20 minutes, Chuks already has an original declaration of age certificate, stamped with the seal of the commissioner for oaths.

While Chuks was charged N300, some clients paid about N500 to cover cost and service charge.

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Leadership reports that, according to a legal practitioner, an older relative of the person applying for a birth certificate or declaration of age, such as their mother, father, uncle or someone else who knows when the applicant was born "must be present to attest to the date of birth of the applicant" (Leadership 14 Nov. 2013). According to Leadership, an official at the Garki customary court told a person who was attempting to obtain a birth certificate "'you have to pay N100 only and just you here is our only requirement'" (ibid.). The applicant reportedly signed on behalf of her father at Garki customary court, paid the fee, and received a declaration of age certificate within 10 minutes with a stamped original receipt (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6. Requirements and Procedures to Obtain a Declaration of Age from Outside of Nigeria

The website of the Embassy of the Federal Republic of Nigeria in Washington, DC, lists the following requirements for obtaining a "declaration of age/letter of identification":

Formal request in writing for Declaration of Age or Letter of Identification by the applicant. Include your current address and telephone number, please.

Copy of Nigerian Passport.

Copy of INS letter (if applicable).

$50.00 money order payable to the Embassy of Nigeria, Washington, DC. (Nigeria n.d.a)

The website for the Nigerian Embassy in Berlin, Germany lists "Age Declaration" as a service provided for a fee (ibid. n.d.b). The website of the Nigeria High Commission in London, UK also lists "Age Declaration" as a service provided by the embassy and indicates that applicants should pay by "Postal Order issued to Nigeria High Commission" (ibid. n.d.c). The website of the Embassy of the Federal Republic of Nigeria in Rome, Italy provides a link to a "Statutory Declaration of Age (Affidavit - By 3rd Party)" form (ibid. n.d.d). Information on age declaration services provided by other embassies could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

7. Requirements and Procedures to Obtain an Attestation Letter in Nigeria

The Deputy Director provided the following information regarding the requirements and procedures to obtain an attestation letter in Nigeria:

attestation letters can be obtained at NPC state offices and headquarters;

at the NPC state office or headquarters, the applicant's sworn age declaration affidavit is photocopied and the applicant is asked to fill in a form and pay a fee to the accountant in charge of processing the payments. The fee charged for an attestation letter is N2,000 [C$13 (XE 25 Oct. 2013)], but the fee is "subject to review at any time". A receipt of the payment is issued and photocopied;

the photocopied sworn affidavit, the receipt, the completed form, and two passport photographs are submitted to the "Chief Registrar (state director) at the state level", which he endorses and then gives to the head of the vital registration department to prepare the "Letter of Attestation". The Chief Registrar signs and stamps the attestation letter on behalf of the Chairman of the NPC;

at headquarters, after the payment has been made and the receipt has been issued, the applicant gathers the completed form given at the Deputy Registrar General's office, photocopies of the affidavit, the receipt of payment, and two passport photographs, and the application is forwarded to the office of the Registrar General "who endorses it to the Deputy Chief Registrar General for the issuance of the [attestation] letter to be signed by a designated officer on behalf of the Chairman." (Nigeria 25 October 2013a)

The Deputy Director added that attestation letters are signed either by the Chief Registrar at the state level, or by a designated officer at headquarters who signs on behalf of the Registrar General (ibid.). He said that "no Deputy Chief Registrar or Registrar is empowered to issue an attestation letter" (ibid.).

8. Requirements and Procedures to Obtain an Attestation Letter Outside of Nigeria

The information in the following paragraph was provided by the Deputy Director in correspondence with the Research Directorate on 25 October 2013, regarding the requirements and procedures to obtain an attestation letter outside of Nigeria:

An adult born in Nigeria but whose birth was not registered and is now outside of Nigeria can obtain an attestation letter through a proxy. The proxy must provide two original passport photographs of the applicant, and one passport photograph of the proxy. The proxy must also fill in information on an attestation form about the applicant, such as information related to the applicant's birth, address, local government area, state, and information related to his or her father and mother. The proxy must also provide personal information, such as information on his or her work place, address, local government area, state, and phone number. The proxy also has to "go to a high court to swear an affidavit that the information is correct." There are also fees associated with obtaining such a sworn affidavit at the court. The proxy must pay the fee of N2,000 [C$13 (XE 25 Oct. 2013)] to obtain an attestation letter for the applicant.

9. Baptism Certificates

In a telephone interview with the Research Directorate, a Catholic Priest in Nasarawa state indicated that baptism certificates contain a person's date of birth, along with other information such as their name and parent's names (Catholic Priest 22 Oct. 2013). The Catholic Priest said that baptism certificates are "very often used as a birth certificate by the holders of these documents," as a lot of people do not register their births and do not have any certification of their births" (ibid.). He said that the date of birth on a baptism certificate is often used as an official date of birth (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Canada. 7 November 2013. Canada Border Services Agency (CBSA). National Document Centre. Correspondence from an official to the Research Directorate.

Catholic Priest, Nasarawa State. 22 October 2013. Telephone interview with the Research Directorate.

Dayton Daily News. 17 January 2011. Marc Pendleton. "Nigerian Youth Keeps Focused on his Future and his Family." (Factiva)

Leadership [Abuja]. 14 November 2011. Michael Oche and Kehinde Ajobiewe. "How Courts Issue Certificates Without Due Process." (Factiva)

Nigeria. 5 November 2013. Nigeria Police Force. Correspondence from an investigator in the Special Fraud Unit to the Research Directorate

_____. 25 October 2013. National Population Commission (NPC). Correspondence from the Deputy Director of the Vital Registration Department to the Research Directorate.

_____. 22 October 2013. Nigeria Police Force. Correspondence from an investigator in the Special Fraud Unit to the Research Directorate.

_____. 19 October 2013. Nigeria Police Force. Correspondence from an investigator in the Special Fraud Unit to the Research Directorate.

_____. 15 October 2013. Nigeria Police Force. Correspondence from an investigator in the Special Fraud Unit to the Research Directorate.

_____. N.d.a. Embassy of the Federal Republic of Nigeria in Washington. "Consular Services." [Accessed 30 Sept. 2013]

_____. N.d.b. Embassy of the Federal Republic of Nigeria in Berlin. "Forms and Fees." [Accessed 24 Oct. 2013]

_____. N.d.c. Embassy of the Federal Republic of Nigeria in London. "Fees Processing Online." [Accessed 25 Oct. 2013]

_____. N.d.d. Embassy of the Federal Republic of Nigeria in Rome. "Statutory Declaration of Age (Affidavit) - By 3rd Party." [Accessed 24 Oct. 2013]

P.M. News Nigeria. 27 September 2002. "Man Sues His Adulterous Wife." (Factiva)

United States (US). N.d. "Nigeria Reciprocity Schedule." [Accessed 30 Sept. 2013]

XE Currency Converter. 25 October 2013. "XE Currency Converter." [Accessed 25 Oct. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: Canada - Deputy High Commission in Lagos; Nigeria - Consulate General in New York, Embassies in Brussels and Washington, Ministry of Interior; United Nations Economic Commission for Africa. The Nigerian High Commission in Ottawa and the Open Society Foundation were unable to provide information for this Response.

Internet sites, including: AllAfrica.com; ecoi.net; Factiva; Nigeria - High Commission in Canberra, High Commission in Ottawa, National Population Commission; RapidSMSNigeria; United Kingdom Border Agency; United Nations - Integrated Regional Information Networks, Refworld; United States Department of State; Vanguard.