THE LEGAL STATUS OF CHILDREN BORN OUT OF WEDLOCK IN NIGERIA: PROGRESS AND GAPS

Abstract

The legal status of children born out of wedlock in Nigeria has been associated with social cultural biases, deeply rooted in customary and religious backgrounds. Children born out of wedlock often face numerous challenges in enforcement of their legal rights especially in issues pertaining to inheritance rights and social status under customary law. The paper analyses progress made so far in according children born out of wedlock their legal status, with a comparative analysis of practices in some selected African countries. In so doing will rely on the doctrinal research methodology. However, it is worthy to note that current legal developments in Nigeria, reveal significant shift towards equality and non-discrimination as provided under the Nigerian Constitution, Child’s Rights Act and some landmark judicial pronouncements on equality and non -discrimination and the medical proof through paternity test. Despite these advancements made, several gaps remain in enforcement of legal status of a child born out of wedlock as a result of the country’s inability to effectuate these statutory enactments especially under customary law practices coupled with the bottlenecks in proving paternity. The paper therefore calls for strengthened judicial enforcement political will, intentionality, public sensitisation plus proactive steps towards ensuring substantive equality for all children in Nigeria.