PATERNITY DISPUTES IN NIGERIAN COURTS: A LEGAL ANALYSIS

PATERNITY DISPUTES IN NIGERIAN COURTS: A LEGAL ANALYSIS
INTRODUCTION
Paternity disputes have become increasingly common in Nigeria, with many cases arising from marital infidelity, disputed parentage, or attempts to claim inheritance rights. Nigerian courts have grappled with these complex issues, relying on statutory provisions, case law, and expert opinions to resolve disputes. This article examines the legal framework governing paternity disputes in Nigeria, highlighting key precedents, statutory provisions, and expert opinions. Understanding the legal framework governing paternity disputes in Nigeria is crucial for navigating these complex issues.
STATUTORY FRAMEWORK
The primary legislation governing paternity disputes in Nigeria is the Evidence Act, 2011. Section 165 of the Act which provides that a child born during the subsistence of a valid marriage is presumed to be the legitimate child of the husband. However, this presumption can be rebutted by evidence to the contrary (Section 166).
PRESUMPTION OF LEGITIMACY (Sec 165 of the Evidence Act 2011)
This Act provides that a child born during the subsistence of a valid marriage is presumed to be the legitimate child of the husband. This presumption is based on the idea that a child born during a marriage is likely to be the biological offspring of both partners. However, this presumption can be rebutted by evidence to the contrary.
Legal scholars and practitioners have offered valuable insights on paternity disputes in Nigeria. Professor T.O. Elias, a renowned Nigerian jurist, notes that “the presumption of legitimacy is not absolute and can be rebutted by evidence of non-access or other relevant circumstances” (Elias, 2013).
REBUTTING THE PRESUMPTION (Sec 166 of the Evidence Act 2011)
The presumption of legitimacy can be challenged if there is evidence to suggest that the husband is not the biological father of the child. One way to rebut the presumption is by establishing that the husband could not have been the father due to non-access or the timing of conception. Non-access refers to situations where the husband and wife were separated or did not have physical contact during the time the child was conceived. If it can be proven that the husband and wife were apart during the conception period, or if the husband was incapable of fathering a child, this can be used as evidence to rebut the presumption. Several Nigerian court decisions have shaped the legal landscape on paternity disputes. In the case of Afolabi v. Faleye (2018) LPELR-44251(CA), the Court of Appeal held that a husband can rebut the presumption of paternity by providing evidence of non-access to his wife during the time of conception.
The most recent way for challenging presumption of legitimacy is through DNA Testing.
DNA TESTING IN PATERNITY DISPUTES
A more definitive way to challenge the presumption of paternity is through DNA testing. DNA tests can determine biological parentage with a high degree of accuracy. If a DNA test excludes the husband as the biological father, this can be powerful evidence in rebutting the presumption of legitimacy. DNA testing has become a common method for resolving paternity disputes due to its reliability and the conclusive nature of its results. Nigerian courts have recognized the importance of DNA testing in resolving paternity disputes, as seen in the case of Onwuka v. Onwuka (2015) LPELR-24771(CA) where the court emphasized the importance of DNA testing in resolving paternity disputes. The court held that DNA evidence can be used to determine paternity, especially where there is conflicting evidence.
Justice B.O. Nwabueze opines that “DNA testing has revolutionized the determination of paternity disputes, providing a scientific basis for resolving these complex issues” (Nwabueze, 2019).
There are other factors that has emerged as the leading cause for paternity disputes:
1. Exchanging of Babies
In rare cases, hospital workers may intentionally exchange babies, leading to paternity disputes. This can have severe emotional and psychological consequences for the families involved. In such cases, DNA testing can help determine the biological parentage of the child.
LIABILITY
Hospitals and healthcare workers may be held liable for any harm caused by such actions, and families may seek compensation for the emotional distress and other damages suffered.
2. PATERNITY FRAUD
Paternity fraud occurs when someone intentionally misrepresents the biological fatherhood of a child, often for financial or emotional gain.
LIABILITY
In Nigeria, individuals who engage in paternity fraud may be held liable for damages, including emotional distress, financial losses, and child support payments. However, the specifics of paternity fraud laws vary, and Nigerian courts must carefully consider the evidence presented in each case.

MAINTAINING AN ACTION FOR PATERNITY FRAUD IN NIGERIA
In Nigeria, the legal framework surrounding paternity disputes and paternity fraud is complex. While there is no specific legislation on paternity fraud, individuals may seek redress under existing laws, such as the Matrimonial Causes Act or the Child’s Rights Act. However, the success of such actions would depend on the specific circumstances of the case and the court’s interpretation of the law.
N:B: While exchanging of babies and paternity fraud can lead to paternity disputes, they are distinct concepts:
Paternity Disputes refer to conflicts or uncertainties about the biological fatherhood of a child, often arising from marital infidelity, disputed parentage, or attempts to claim inheritance rights. Exchanging of Babies involves the intentional switching of babies, often in hospitals or healthcare settings, leading to incorrect assumptions about a child’s parentage. Paternity fraud Occurs when someone intentionally misrepresents the biological fatherhood of a child, often for financial or emotional gain.
In the context of the Evidence Act, paternity disputes typically involve the presumption of legitimacy and rebuttal of paternity through evidence, such as DNA testing. Exchanging of babies and paternity fraud, while related, involve intentional acts that can lead to paternity disputes, but are not the same as the disputes themselves.
CONCLUSION
Paternity disputes in Nigerian courts are complex and multifaceted, requiring a nuanced understanding of statutory provisions, case law, and expert opinions. While the presumption of legitimacy remains a cornerstone of Nigerian law, DNA testing has emerged as a crucial tool in resolving these disputes. Nigerian courts must carefully consider the evidence presented, applying the relevant statutory provisions and case law to ensure justice is served.

REFERENCES
– Evidence Act, 2011
– Afolabi v. Faleye (2018) LPELR-44251(CA)
– Onwuka v. Onwuka (2015) LPELR-24771(CA)
– Elias, T.O. (2013). The Nigerian Legal System. University of Lagos Press.
– Nwabueze, B.O. (2019). The Law of Evidence in Nigeria. LexisNexis.

AUTHOR
Barr. Inyaba Gregory Kaosisochukwu
Associate
George Kennedy Consulting