The right to inherit

Illegitimacy and Constitutional Liberation in Nigeria – just a legal shield

Bibliographic Data

ID12284649
AuthorsVictoria E Onuoha (corresponding author), Michael Attah (University of Benin)
Year2014
Volume36
Issue3
Pages226-240
Publication date2014-07-03
Open AccessNo
TypeARTICLE
VenueThe Journal of Social Welfare Law (JOURNAL)
Journal identifiersISSN: 0141-8033 • E-ISSN: 1469-9621
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.1080/09649069.2014.933586
OpenAlexW1983936555
LanguageEN
References cited12

Claims to a right to inherit from a property owner-parent by children born out of wedlock have usually been challenged by extended family members on the footing that these persons were illegitimate. Many commentators agree that disinheriting these persons may offend s. 42(2) of Nigeria's 1999 Constitution – the non-discrimination clause. However, opinion is polarized as to whether the 1999 Constitution completely abrogates the concept and status of illegitimacy or simply provides a legal shield against discriminatory inheritance practices. This article argues that the parent-centred interpretation of decisions from the highest courts, even by pro-abrogation scholars, ignores the reality that the wider family contexts, indirectly recognized in these decisions, in which children's rights are currently defined in many jurisdictions, make the status of illegitimacy otiose. It re-examines these decisions from the child's perspective to conclude that more than just providing a legal shield, s. 42(2) completely abrogates the status of illegitimacy in Nigeria

Constitution · Constitutional Interpretation · Constitutional right · Inheritance (genetic algorithm · Interpretation (philosophy · Perspective (graphical · Political science · Sociology · Conflict of Laws and Jurisdiction · Gender and Women's Rights · Law · Legal Issues in South Africa · Philosophy

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