You have no items in your shopping cart.
ABSTRACT
The question of legitimacy in relation to a child is critical because it borders on the status of that child and determines whether or not the child is, amongst other things, entitled to succeed to the estate of his father and to occupy certain offices under native law and custom.
This paper examines the concepts of legitimacy and legitimation under Nigerian law with particular emphasis on case laws.
With regards to the provision of Section 42(2) Constitution of the Federal Republic of Nigeria, 1999 as amended, this essay shall discuss the issue of the courts approach examining key old and recent decisions emanating from the Nigerian judiciary with the aim of identifying the attitude of the courts toward children who are neither born nor conceived in the course of a valid marriage. The study shall find that the attitude of the Nigerian courts on the issue of legitimacy of children is hinged on the desire to promote child's rights and welfare. Here, the non-discrimination clause of the 1999 Constitution provides a nail in the coffin of the status of illegitimacy.
