‘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
If you would like to know more or you have further questions you can book a consultation with me here.
MzAgams 
14 responses to “Child Custody in Nigeria FAQ: Who Owns The Child? II”
Good day Ma,
Pls I am having serious challenge. ln December 2019, my girlfriend then was pregnant for me, she wanted to aborted it, I refused and I assured her that I will take care of her and the pregnancy. Which she agreed. she took me to meet her father. Her father was very angry (which I understand ), he insulted me, he even threaten to kill me, I told him I am responsible for the pregnancy and I am ready to take good care of her and the baby, and I am willing to do all the necessary things that he wants me to do. Yet he was very angry, The girl is from the Eastern part of Nigeria , why I’m from the Middle belt. The girl brothers, sister and family members ignore her, in fact even avoided her completely. During the Corona Era 2020, l nearly run broke, but by God mercy and grace I still managed to take 100% good care of her without any assists from her family. To God be the glory, she finally gave birth to a baby boy in August 2020, l was still 100 %, taking good care of her, feeding, medical bills and baby needs , my plan was to settle down with her last year December 2020, unfortunately, I lost my dad November 2020. So Getting to January 2021 when the baby was 5month old, she ran away with my baby for 2 weeks without out informing me , her phone was not reachable, l was worried, l couldn’t sleep. l got to knew where she was after I told her sister that I will have to involved the police to search for her, She now called. She said that, she has travel to the village with my baby, that she want to change environment, l asked her, why she didn’t tell me. After that accident, her brothers called me, started insulting me, and started saying that, why did I want to involve the police, l told them that, I don’t know where she is with my baby, that was why, they now started threaten me, that they will make sure I didn’t see the baby again, because I haven’t pay for her head in marriage, that I am just a sperm donor,
Imagine, this was her brothers that ignore her completely when she was pregnant and even, when she gave birth. l already have it in mind that I will do the necessary things needed, as soon as possible, but with little little savings I have then. . The baby was just 5 months old then, I want to take care of her and the baby first.
I still continue my responsibilities, to sent her money for are needs as were as for the baby needs too.
April 30th , I called her and I told her that, by the grace of God, 2021 December I will be coming to marry her and she agreed.
Then May, 22, 2021. She called me in the morning, she told me that she is no longer coming to Lagos again, I asked her why, she said, that it’s her choice, l told her I want the baby to school in Lagos, the next thing I heard from her was, I will never see her and the baby again, that she is going to block my line, I was shocked , l asked her what was the problem, what was my offense . That I have been sending money and making calls to her almost every day to know how she is doing. And I even promise to marry her this December, She said how much have I been sending to her . That I should forget about marriage she is no longer interested.
She cut the calls, l tried to reached out to her, she blocked my number, deleted me from WhatsApp and Facebook. I contacted one of her friend for help, which she did. She told her friend that she has meet someone in the village that want to marry her ,That l will not see my baby again. That I wasn’t serious,
l was shocked hearing this, because l have always been there for her, l even promise to marry her this year December which she first agreed, only for her to said No.
l need your advise on what to do. For me to have stopped her from doing abortion , collected insults and death threat from her dad, be very much supportive to her needs , medical bills and the baby, to now allow my baby to be train by unknown person, without me knowing where my baby his now. I cannot bare it. Pls advise me on what to do.
Make a report at the social welfare office nearest to you. They will advice you appropriately and they should contact their Imo state counterparts. Have evidence of all you have been doing ready. Indeed it is her choice but she cannot deny you access to the child, that would be against the law and the Child’s Rights Act. If you have further questions write to lesleyagams@yahoo.com I will send you a link to book an appointment