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ABSTRACT
The legal status of children born out of wedlock was prior to some extant constitutional safeguards in Nigeria, akin to what hitherto obtained at common law. That is, they were tagged illegitimate children. Notably, in medieval times, the family structure could not be separated from marriage. As a result of this, only children born in lawful wedlock acquired legal status which accordingly, conferred on them the right of inheritance without encumbrance. Technically, children born outside wedlock were referred to as filius nullius (the child of nobody). The implication of this meant that such children were ineligible as of right, to enjoy the privileges and rights of inheritance enjoyed by their counterparts who were born in lawful wedlock.
As primeval as the issue may appear, one still find it interesting to note that discussions on the subject matter remains topical with respect to inheritance, coupled with the series of litigations that tends to tear siblings apart upon the demise of their common parent. However, whether with the coming into force of section 42 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other various municipal laws and international instruments cited in this project to which Nigeria is signatory to, this discriminatory practice has completely disappeared, underscores the essence of this project.
