You have no items in your shopping cart.
ABSTRACT
Every society has children and among these children there are a number of them that are born out of lawful marriages who are regarded or referred to as illegitimate. The law over time recognized the hardship done to these category of children and it deemed it necessary to establish a law in the constitution that would protect the children who fall under this category. However the bowl of contention came up when after its enactment, it’s interpretation did not seem to cater for the mischief it intended to cure. There where diverse interpretations to the constitutional provision of section 42(2) of the 1999 constitution of the federal Republic of Nigeria which says a person should not be discriminated upon based on the circumstances of his birth. This study finds out that over time, children who fall under some commune-cultural conceptions like children of posthumous marriage, children of ostensible customary marriage and children of improper customary adoption are still being discriminated upon despite the non-discrimination clause in section 42(2) of the 1999 constitution. This study also finds out that when matters that concerns succession rights and legitimacy are put before the courts as it relates to children of posthumous marriage, children of ostensible customary marriage and children of improper customary adoption the non-discriminatory clause of the Constitution is not absolute in allowing them inheriting from their deceased father who died intestate. It was further discovered that the courts are rather fast to apply the Public Policy theory to the above stated category of children rather than the Protectionist Theory which tends to provide for their welfare and wellbeing. The study recommends that the constitutional provision be amended to reflect the true meaning of what it intends to achieve by being direct likewise the courts should put the interest of the child as paramount and not public policy theory.
