Child Custody in Nigeria FAQ: Who Owns The Child? II

‘Ownership’ of children is a feature of many customary laws in Nigeria.

Customary laws vary from one tribal group to the other. In some Igbo-Nigerian communities payment of the bride price determines ‘ownership’ of children. In ‘An Anatomy of Female Power’ Chinweizu has previously argued that the payment of bride price in Nigeria does not entitle the payer to the woman but rather to the fruit of her womb and I agree with him.

Among some Igbo-Nigerian groups and in Umuaka where I come from and grew up in particular under tribal laws where a marriage is not formalised and a bride price is not paid any child a woman bears ‘belongs’ to her father’s house and enjoys full inheritance rights. Likewise, if a woman left or divorced her husband she had to repay him the bride price her paid or any children she had thereafter ‘belonged’ to him, no matter who was the biological father. However, these tribal laws have been held to be repugnant to natural justice, equity and good conscience and are not usually enforceable by the customary courts anymore. Likewise, tribal laws that deny mothers access or custody without a consideration of natural justice, equity and good conscience are repugnant. However, it takes a good knowledgable lawyer to make that argument before the court.

In Yoruba-Nigeria the practice was that a child could claim a right to inheritance so long as the father had acknowledged him during while the father was alive. Sharia law, which is classed as a customary law in the Federal republic of Nigeria, apparently privileges mothers in custody issues whether they were married or not.  Customary courts just like statutory courts have a lot of discretion and it all depends on the arguments they are presented to them.

Lagos State is the only state in Nigeria that has created a family court procedure to deal with disputes relating to guardianship, custody and adoption that is not related to matrimonial causes in its Child Rights Law 2007. So if you are in Lagos and are unmarried and have a custody matter that is the law to refer to.

Nevertheless there is still a lot of confusion regarding children that are born to parents that were never married under statutory or customary law. There is also an increase of children born to parents that are not married under statutory and customary law. There seems to be a presumption that once a father is named on a birth certificate as such it secures his ‘rights’ to the child. I figure the courts will be busy untangling those complications for a few decades to come.

I’ve heard from a lot of people that the Social Welfare Office’s, which are increasingly called upon to decide questions of custody and maintenance in cases where the parents were never married have been ruling that once a child is 7 years old the father can take custody. This is wrong and dangerous and needs to stop. The law remains clear that the best interest of the child is paramount in deciding custody and neither parent  is entitled to automatic custodial rights. Both must show that they can meet the best interest of the child and not only that the other parent cannot.

In a decided case the father when asked what arrangements he had made for the children whose custody he was seeking said they would stay with his ageing mother in the village as opposed to staying with heir mother on the university campus where she lived and worked. The judge despite his conservative leanings ruled the children live with their mother even though he could not bring himself to grant her custody.

Perhaps the confusion lies in the meaning given to the word ‘custody.’ Custody is not ownership. We’ll consider ‘custody’ in my next post. I’m already over my 500 word limit. Or guideline.

Chao

mdv102ts

 

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6 Responses to “Child Custody in Nigeria FAQ: Who Owns The Child? II”

  1. alex nwigwe Says:

    Please I need your help and advice. Please my name is Alex Nwigwe, I am igbo by tribe, please I have an affair with a girl when I was retaking my W.A.C.E in oduma, so along the line the girls parent came to my house and said that the girl was pregnant and I am responsible. So I agreed so along the line. My mother has gone to do the cultural rite but the parent rejected it twice and this came after I have reported the girl to the parent concerning her illicit characters, now the girl parent has taken the child from my mother and the girl is threatening me that I can not father the child of which I have the evidence of the threat on a record. And the child is Four years old. Please what do I do

  2. alex nwigwe Says:

    thank you so much,
    please i don’t know how to go about social welfare here in enugu, please can you help me with any contact.
    please to link please.

  3. Marvel Says:

    I have a lady put a set of triplets to bed for me and we re not married yet, I rented a room and sitting room for her, which is the rent is expiring in few months, I have a building in my home town where she had lived all her life, I told her to go to that building well furnished with space for my children, as she gets back from hospital she refused, asking me to rent her a flat in a place where she is doing nothing and has no relation of mine or her’s. Now the issue has gone so messy and I want a court order to relocate my children with or without her, bcos they are suffering compressed by her family member in one room when there is supposed to be a full room dedicated to them. What process should I follow to get this order, I don’t mind their mum coming with them or not, I wish to get a nurse or two to give this children the care they deserve from me, please what process should I follow in nigeria?

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