The Right of an Adopted Child to Inherit Under Intestacy in Nigeria: An Examination of the Legal Status of Next of Kin and the Decision in Aduba v.Aduba

Abstract.

In Nigerian society, children are traditionally considered a blessing within marriage. However, legal complexities arise concerning the inheritance rights of adopted children, especially in cases of intestate succession. This article examines the right of an adopted child to inherit under Nigerian law, the legal status of “next of kin,” and the judicial impact of Aduba v. Aduba. It argues that the designation of next of kin, whether biological or adopted, does not automatically confer inheritance rights under intestacy unless the individual qualifies as an heir by law.

Introduction.

Children occupy a pivotal position in Nigerian family life, seen as bearers of lineage and custodians of legacy. Upon the death of a parent intestate (without a valid will), the question of inheritance becomes central, particularly where adoption is involved. Adoption, though statutorily regulated, often interacts with deeply rooted customary practices, complicating the legal status of adopted children in succession matters. This article explores the Nigerian legal landscape regarding adopted children’s inheritance rights under intestacy, analyzing the significance of “next of kin” status, the statutory adoption process, and the implications of the Court of Appeal’s decision in Aduba v. Aduba.

Adoption in Nigeria: Statutory and Customary Contexts.

Adoption in Nigeria operates within two main frameworks: statutory and customary law. Under statutory law, particularly the Child Rights Act 2003 and specific state adoption laws (e.g., the Lagos State Adoption Law), adoption is a formal legal process that vests the adopted child with the same legal status as a biological child vis-à-vis the adoptive parents.¹ Conversely, customary law adoption, though practiced across various ethnic groups, often lacks formalization and documentation. Customary adoption may be recognized for social purposes but does not consistently confer inheritance rights unless community practices specifically provide for it.² Consequently, an adopted child’s entitlement under intestacy can be precarious if the adoption is not statutorily formalized.

The Legal Status of Next of Kin in Nigerian Law of Succession

The concept of “next of kin” in Nigerian law is largely administrative rather than substantive. It is employed in contexts such as employment records, insurance policies, and hospital documentation to identify a person to be contacted in emergencies.³ Critically, next of kin status does not create automatic rights to inheritance under Nigerian succession law.⁴ Succession, particularly intestate succession, is governed by statutory provisions (such as the Administration of Estates Law) or customary rules, which determine the legal heirs. Thus, irrespective of the designation as next of kin, a person must establish a lawful entitlement to inherit.

A next of kin has been wrongly misconceived as one who upon the demise of the deceased, inherits his estate both in real and personal. This explains why an average man on the street places so much reliance on who he bestows with such status.Also, the belief and understanding of the term have made many people shy away from the need to make a will, on the assumption that mere mention of their next-of-kin suffices when they die. This is because they think that appointing a next-of-kin is a way of endorsing a beneficiary. It should be noted that a next-of-kin is simply the person to be contacted in cases of emergency or where the appointer cannot speak for himself. Broadly speaking, a next-of-kin connotes a person’s closest relative(s), especially in official or legal documents. It could be his spouse, child, friend, or relations who could serve as the first contact if anything happens to a person electing him as his next of kin.⁵

Black Law’s Dictionary defines next of kin to be a person or persons closely related to the decedent (recently dead person) by blood or affinity. Next-of-kin was defined in Joseph v Fajemilehin o.o & Anor⁶ as follows:

“Let it be placed on record that the term “next-of-kin” can be used in three senses. Firstly, it can be used to simply refer to the nearest blood relative or secondly, the person who to be notified in case of any eventualities of life such as an accident, emergency or death. Secondly, he may be required to make medical decisions such as providing information or consent for a person who is incapacitated or thirdly, the term can be used to refer to an heir.”

The Inheritance Rights of Adopted Children under Intestacy

Where adoption is formalized through statutory procedures, the adopted child assumes the full legal status of a biological child, with corresponding rights of inheritance. Under the Administration of Estates Law applicable in many states, children, including adopted children rank as primary beneficiaries in the distribution of an intestate estate.

Under customary law, however, the position is less uniform. Some customs do not equate adopted children with biological children for purposes of inheritance unless specific rites are performed or explicit communal acceptance is evident.⁷ This dichotomy underscores the importance of formal statutory adoption to guarantee inheritance rights.

Judicial Interpretation in Aduba v. Aduba

In Aduba v. Aduba (2018) LPELR-43765(CA), the Court of Appeal addressed the right of an adopted child to inherit from adoptive parents. The Court emphasized that formal adoption confers full legal status upon the adopted child, including the right to inherit, thereby placing the adopted child on an equal footing with biological children.

Fact of the case: This is an appeal against the judgment of the Imo State High Court in Suit No. HAM/9/2002, delivered on 29th March, 2011, by Hon. Justice U.D. Ogwurike. The facts of the case are that the Respondent was received and accepted by the parents of the Appellants in 1972, when the Respondent was only five years old, from the Ministry of Health and Social Welfare.
Exhibit F was the document showing where, when and how the Respondent became a member of the family of Aduba Ohagwam Nwaemere and Felicia Nwugo Aduba. Aduba Ohagwam Nwaemere married two wives, Felicia Nwugo Aduba and Ihuoma Aduba; Felicia Nwugo Aduba was the first wife. She had a son for Aduba, but the son died at young age. She also had female children. The second wife, Ihuoma, had many male children, including the Appellants.

After the death of the only male child of Felicia for her husband, the two opted for adoption of the Respondent at the Ministry of Health and Social Welfare, East Central State, in 1972, as shown in Exhibit F. The Respondent adopted or was given the name of the family (Aduba) and was absorbed and treated as a child of the family, trained and nurtured by Aduba and Felicia as their son. He grew up with the other children, including Appellants,into adult-hood, married in 1990 and begot children of his. Nobody challenged his status as a member of the family, while the parents were alive. After the death of Aduba Ohagwam Nwaemere and his wife, Felicia
Aduba, the Appellants came up with the idea that the Respondent was not a member of late Aduba Nwaemere family. The 3rd Appellant in particular alleged that the Respondent was a stolen child brought into the family by PW2, Comfort Aduba, and he wrote a petition to the Police. They excluded him (Respondent) in the share of the estate of their father – Aduba Ohagwam Nwaemere. Hence, an action was instituted by the Respondent at the High Court to challenge the Appellants.

The High Court resolved that the Respondent was an adopted child of Aduba Ohagwam Nwaemere and his wife, Felicia; that the Constitution of the Federal Republic of Nigeria 1999, Section 42 (2) thereof, applied, to protect the Respondent’s right against discrimination and so he was entitled to share in the landed property and estate of Aduba Ohagwam Nwaemere, as his adopted son. It also granted him customary right of occupancy over the particular land in dispute. Dissatisfied, the Appellant appealed to the Court of Appeal.

Issues ::The Court determined the appeal on these issues couched as follows: Was the trial Court right when it held that the Respondent was an adopted son of Aduba Ohagwam Nwaemere and Felicia Nwugo Aduba, to entitle him to share in the landed property and estate of Aduba Ohagwam Nwaemere, given the evidence and the circumstances of this case?

In respect of the very land in dispute, was the trial Court right to hold that the land and the
building therein belonged to the PW2, Comfort Aduba (not Aduba Ohagwam Nwaemere) and to grant the Respondent customary right of occupancy thereof, upon proof of exclusive possession, with the consent of PW2?

Decision/Held: On the whole, the Court found no merit in the appeal and accordingly dismissed same.

The Court also clarified that the mere designation of “next of kin” does not entitle a person to succession rights. Unless supported by valid legal grounds, such as recognized heirship under statutory or customary succession rules, a next of kin has no automatic claim to a deceased person’s estate.⁸ This decision is significant because it reinforces the legal necessity for formal adoption procedures and clearly demarcates the limits of the next of kin concept in succession matters.

Implications for Nigerian Succession Law

The decision in Aduba v. Aduba solidifies the principle that:

• Properly adopted children are entitled to full inheritance rights under Nigerian law.
• The designation of next of kin, without more, does not create inheritance rights.
• Formalization of adoption is essential to protect adopted children against possible exclusion from succession.

The case serves as authority and a guide for future inheritance disputes involving adopted children, promoting greater legal certainty in Nigeria’s adoption and succession jurisprudence.

Conclusion

The inheritance rights of adopted children in Nigeria are secure where statutory adoption processes are followed. Nevertheless, uncertainties persist where succession is governed by customary law or where adoptions are informal. Aduba v. Aduba highlights the importance of proper legal adoption and cautions against assuming that next of kin status alone suffices for inheritance. To safeguard the interests of adopted children, it is advisable for adoptive parents to formalize adoptions legally and to prepare clear testamentary documents (wills) affirming the adopted child’s inheritance rights. This approach would not only ensure compliance with statutory requirements but also minimize potential disputes in succession matters.

References

• Child Rights Act, 2003.
• Lagos State Adoption Law, Cap A5, Laws of Lagos State 2003.
• Constitution of the Federal Republic of Nigeria, 1999 (as amended).
• Aduba v. Aduba (2018) LPELR-43765(CA).
• Kalu v. Odili (1992) 5 NWLR (Pt. 240) 130.
• Akanbi, O., “Customary Law and Adoption in Nigeria,” Journal of African Family Law (2020).
• Ogunniyi, A. O., “The Concept of Next of Kin in Nigerian Law,” Nigerian Law Journal (2019) 15(2).

1. Child Rights Act, 2003, ss. 125–145; Lagos State Adoption Law, Cap A5, Laws of Lagos State 2003.
2. O. Akanbi, Customary Law and Adoption in Nigeria (2020) Journal of African Family Law 27.
3. A. O. Ogunniyi, “The Concept of Next of Kin in Nigerian Law” (2019) Nigerian Law Journal, 15(2), 112.
4. Section 42(2), Constitution of the Federal Republic of Nigeria 1999 (as amended); and Aduba v. Aduba (2018) LPELR-43765(CA).
5. B Edokwe, The Status of Next-of-Kin in Succession of Deceased Estate in Nigeria, available at www.barrister.ng. Accessed 25 th April 2025.
6. (2012) LPELR-9849(CA).
7. Kalu v. Odili (1992) 5 NWLR (Pt. 240) 130 at 148–149 (recognizing that customary law may vary in adoption and succession practices).
8. Aduba v. Aduba (2018) LPELR-43765(CA).