Executive Summary
The article discusses the legal rights of illegitimate children in Nigeria, highlighting the constitutional provision in S.42 of the Constitution of the Federal Republic of Nigeria 1999, which prohibits discrimination based on circumstances of birth. It explains that illegitimate children, according to common law, were historically considered to have no legal standing, but this has evolved. The Supreme Court of Nigeria, in cases like Salubi v. Nwariaka, has ruled that children born out of wedlock are entitled to equal shares of the deceased's properties. The article also notes a potential negative implication of this constitutional provision, suggesting it could encourage promiscuity. Kasunmu notes that most cases on illegitimacy deal with the rights of illegitimate children to succeed the property.
- Nigerian law grants illegitimate children equal inheritance rights, impacting social norms and estate planning.
What Is Driving The Story?
- Constitutional rights.
- Supreme Court rulings.
- Changing social norms.