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Learn all you need to know about parental responsibility in Nigeria, including the legal framework for filing claims, court jurisdiction, and notable cases. Get a comprehensive guide to asserting your rights as a parent in Nigeria.

Under the Nigerian Child Rights Act, parental responsibility refers to the obligations and rights that parents have towards their children. It includes the obligation to provide financial support, care, and protection to the child. Section 20 of the Child’s Right Act, 2003, makes it the responsibility of any parent in to provide the necessary guidance, discipline, education and training for the child in his or her care such as will equip the child to secure his assimilation, appreciation and observance of the responsibilities set out under the Act.

The legal concept of parental rights generally refers to a parent’s right to make decisions regarding a child’s education, health care, and religion, right to the service from the child, the right to control and chastise the child among other things. If parents are separated or divorce, these rights extend in custody and visitation. While these rights can be when the parents are married at the birth of the child, where the parents are not married it may be necessary for the noncustodial parent to petition a court to recognise and establish their parental rights.

Under the law, a father has legal responsibilities which are termed ‘parental responsibilities.’53 In the United Kingdom, ‘parental responsibility’ is defined as ‘all rights, duties, powers, responsibilities and authority which by law, a parent of a child has in relation to the child and his property.’54 Section 277 of the CRA also defines parental responsibility as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ 

The CRA provides in sections 68-81 that where the father and the mother of a child were not married to each other at the time of the birth of the child, the Family Court (established under section 135 of the Act) may on the application of the father or mother, order that he or she shall have parental responsibility for the child, or the father and mother may by agreement have joint parental responsibility for the child.60

To file for parental responsibility under the Nigerian Child Rights Act, the following steps can be taken:

1. Obtain the Child’s Birth Certificate: The child’s birth certificate is an important document that is required to establish the parent-child relationship.
2. Petition the Court: The parent can file a petition in the appropriate court seeking parental responsibility. The petition should contain details of the child, the parent seeking parental responsibility, and the reasons why they are seeking it.
3. Attend the Court Hearing: Once the petition has been filed, the court will schedule a hearing where both parents can present their case. The court will then decide whether to grant the parental responsibility to the parent who filed the petition.
4. Obtain Court Order: If the court grants parental responsibility to the parent who filed the petition, they will issue a court order confirming the grant of parental responsibility.

It is important to note that parental responsibility can also be granted by mutual agreement between the parents, without the need to go to court. This can be done through a written agreement that is signed by both parents and witnessed by a lawyer.

Sections 68 to 73 of the Nigerian Child Rights Act lay out the process for filing for parental responsibility. The Family Court established under section 153 of the Act has jurisdiction over matters related to parental responsibility. The provision states that where the father and mother of a child were not married to each other at the time of the birth of the child, the Family Court established under section 153 of the Act may order that the father or mother shall have parental responsibility for the child, or the father and mother may agree to have joint parental responsibility for the child.

However, section 68 (2) says that ‘No parental responsibility agreement shall have effect for the purposes of this Act, unless it is made in the form and manner prescribed by regulations made by the Chief Justice of Nigeria under this section.’

Section 68 of the Nigerian Child’s Rights Act outlines the provisions for possession and custody of children. Subsection (1) states that where the father and mother of a child were not married to each other at the time of the birth of the child, the Family Court established under section 153 of the Act may, on the application of the father or mother, order that he or she shall have parental responsibility for the child. The father and mother may also have joint parental responsibility for the child if they agree to it.

Subsection (2) states that no parental responsibility agreement shall have effect unless it is made in the form and manner prescribed by regulations made by the Chief Justice of Nigeria. Subsection (3) states that an order or parental responsibility agreement may only be brought to an end by an order of the court made on the application of a person who has parental responsibility for the child, or of the child with the leave of the court.

Subsection (4) specifies that the court may only grant leave under subsection (3) (b) if it is satisfied that the child has sufficient understanding to make the proposed application. Subsection (5) states that where the court makes a residence order in favour of the father or mother of a child, the court shall also make an order under subsection (1) of this section giving the father or mother parental responsibility for the child if they would not otherwise have it.

Subsection (6) states that where the court makes a residence order in favour of a person who is not the parent or guardian of the child concerned, that person shall have parental responsibility for the child while the residence order remains in force. Subsection (7) specifies that where a person has parental responsibility for a child as a result of subsection (5), he or she shall not have the right to refuse to consent to the making of an application in respect of the child under Part XII of the Act, agree or refuse to agree to the making of an adoption order, or appoint a guardian for the child.

Subsection (8) states that where subsection (5) requires the court to make an order under subsection (1), the court shall not bring that order to an end at any time while the residence order concerned remains in force. Subsection (9) specifies that the fact that a person has or does not have parental responsibility for a child shall not affect any obligation or right that he or any other person may have in relation to the child or the child’s property in the event of the child’s death.

Finally, subsection (10) states that a person who does not have parental responsibility for a particular child but has care of the child may, subject to the provisions of the Act, do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the welfare of the child.

There have been several cases in Nigeria that have dealt with issues related to parental responsibility. Here are a few examples:

1. Olatunji v Odetunde (2011) 9 NWLR (Pt. 1254) 225: In this case, the court held that where a man acknowledges paternity of a child, he has a legal obligation to provide for that child’s welfare, regardless of whether he is married to the child’s mother.
2. Hassan v Hassan (2013) 8 NWLR (Pt. 1353) 175: This case dealt with the issue of custody of children after divorce. The court held that custody of children should be awarded to the parent who is most capable of ensuring the welfare and best interests of the child.
3. Idowu v Idowu (2018) LPELR-CA/L/781/2015: This case dealt with the issue of parental responsibility in a divorce case. The court held that both parents have equal responsibility for the welfare and upbringing of their children, and that custody and access arrangements should be made in the best interests of the children.
4. Ezeokoli v. Ezeokoli (2010) 9 NWLR (Pt. 1202) 539: In this case, the Nigerian Court of Appeal held that the primary consideration in determining parental responsibility is the best interest of the child. The court also noted that parental responsibility is not limited to the provision of financial support but extends to ensuring the welfare and development of the child.
5. Ajibade v. Ajibade (2012) 2 NWLR (Pt. 1285) 359: In this case, the Nigerian Court of Appeal held that the mother of a child born out of wedlock is entitled to apply for a declaration of parental responsibility, even without the father’s consent. The court held that the child’s welfare is the paramount consideration, and that the mother has a natural right to seek parental responsibility for the child.
6. Oluwafemi v. Oluwafemi (2017) LPELR-41169(CA): In this case, the Nigerian Court of Appeal held that parental responsibility includes the right to make decisions regarding the child’s education, religion, and medical treatment. The court noted that parents have a duty to work together to make decisions that are in the best interest of the child, and that the court may intervene if the parents are unable to reach a decision.
7. In re: J.K. (2014) LPELR-24040(HC): In this case, the Nigerian High Court held that parental responsibility includes the right to access and spend time with the child. The court noted that both parents have a right to maintain a relationship with the child, and that the court may make orders to facilitate this relationship if necessary.

The Family Court is a special court designed to deal with legal problems involving children. The Court emerged for the purposes of hearing and determining matters relating to children, it was established pursuant to Sections 149-153 of the Child’s Right Act, 2003. The Family Court functions at two levels; as a division of the High Court at the High Court level; and as a Magistrate Court at the Magistrate level.