EXPLORING CHILD’S LEGITIMACY AND LEGITIMATION IN THE NIGERIAN LEGAL SYSTEM: A COMPREHENSIVE ANALYSIS

Abstract

In the intricate tapestry of Nigerian law, the concepts of child legitimacy and legitimation play a pivotal role in shaping the legal status and rights of children born within and beyond the boundaries of recognized marital unions. This research delved into the intricacies of these concepts, examining their historical development and practical implications within the Nigerian legal system. The research employed a qualitative approach, utilizing primary and secondary data sources. Primary sources included Nigerian statutes and case laws, while secondary sources consisted of scholarly articles, books, and reports. The research embarked on a conceptual journey for a proper understanding of child legitimacy and legitimation, defining key terms, and tracing their historical evolution and theoretical framework. The study comprehensively analyzed the legitimacy of children under Nigerian customary law, Islamic law, and statute law. It examined the recognition of legitimate and illegitimate children, the conditions for establishing child legitimacy, the implications of child legitimacy, and the challenges and limitations associated with these concepts. Furthermore, the research delved into the process of legitimation, outlining the methods of legitimizing children under Nigerian law, the legal effects of legitimation, and the challenges and limitations of legitimation procedures. It also examined the role of the judiciary in determining child legitimacy and legitimation, emphasizing its importance in ensuring fairness and upholding the rights of children. In conclusion, the research summarized the key findings and provided recommendations for legal reforms.