A CRITICAL APPRAISAL OF LEGITIMACY AND LEGITIMATION UNDER THE NIGERIAN FAMILY LAW

ABSTRACT
This thesis studied the concept of legitimacy and the status of a child in relation to the society. It makes an appraisal of the hardship an illegitimate child suffers in the society as a result of a status conferred on him at birth. While a legitimate child is conferred with some rights which includes right to maintenance, and succession amongst others, an illegitimate child is deprived of these rights and not until he is legitimated either by the subsequent marriage of his parents or by acknowledgement of paternity by the father, the absence of which the child remains with the stigma of illegitimacy, with the resultant social discriminations from the members of the society. The research examines the various positions of the law on legitimacy such as Common law, Customary law and further examination of the provisions of the 1999 Constitution. This thesis is divided into five chapters and doctrinal research method was used to achieve the desired goals. The research finds that an illegitimate child is a victim of circumstance who is subjected to lots of hardships in consequence of a situation he finds himself that is not his own making; and the process of legitimating an illegitimate child is cumbersome. The research recommends that the legitimacy Act and some Customary laws and practice be reviewed with a view to put an illegitimate child at or near equal footing with a child that attains legitimate status at birth.

Statement of the Problem
The concept of illegitimacy poses a big challenge to the illegitimate child and the society at large. An illegitimate child is made to suffer discriminations, denial of some legal rights
________________________
7 Obi S. N.C ‘Modern Family Law in Southern Nigeria’ University Press, Lagos (1966) p 294
8 Owuna v. Ogbodo suit no MD\51A\1975 (unreported) High Court Makurdi, October 26, 1976
9 Deuteronomy 23:2

such as right to maintenance, succession amongst others which he ought to enjoy as a child by the virtue of his birth; and in effect this subjection to unfair treatment demoralizes and equally makes an illegitimate child to see himself as less human and inferior to his counterparts who acquire legitimate status at birth. This social ill if not put on check could spell a lot of dooms in the society as an illegitimate child might as a result of emotional depression engage in some social vices such as committing suicide, murder, armed robbery etcetera which are inimical to the corporate existence of the state as an entity. However this thesis makes an in-depth analysis on the concept of legitimacy, illegitimacy and legitimation with a view to proffering solutions to the problem.

1.3. Objectives of the Study

The study is aimed at exposing the unnecessary social discriminations faced by illegitimate children in the society. The way and means by which we can help alleviate and reduce their sufferings which is legitimation, how to enforce legitimacy laws with a view to making them applicable to our local and peculiar situation in order to make them effective and workable as it is not equitable for the children to be made to pay for the sins of their parents.