Introduction
DNA testing has become more accessible and scientifically reliable in Nigeria. As a result, it is reshaping how paternity is understood—not merely as a biological fact, but as a foundation for enforceable legal rights and responsibilities.
This article examines how DNA testing operates within the Nigerian legal framework, how courts treat DNA evidence, and the rights and obligations that arise once paternity is confirmed or disproved. It also considers practical challenges and ethical concerns.
Understanding Paternity: Biological vs. Legal Dimensions
Paternity refers to the legal recognition of a man as a child’s father. In Nigeria, biology alone does not automatically confer legal status; the law determines when and how fatherhood is legally established.
Presumption Under Marriage
Under Section 165 of the Evidence Act 2011, a child born during a valid marriage—or within 280 days after its dissolution, provided the mother remains unmarried—is presumed to be the legitimate child of the husband.
This presumption is strong but rebuttable. Clear and credible evidence, including DNA results, may displace it.
Children Born Outside Marriage
For children born outside marriage, paternity is not presumed. It must be established through:
- Acknowledgment by the father (e.g., public declaration, financial support, inclusion in a will), or
- Court-ordered proof, often through DNA testing.
DNA (Deoxyribonucleic Acid) testing analyzes genetic markers to determine biological relationships. When properly conducted, it provides over 99.99% accuracy for inclusion and 100% accuracy for exclusion. In legal disputes, it shifts paternity from assumption to scientific certainty.
The Legal Framework for DNA Testing in Nigeria
DNA testing intersects with several statutory and customary frameworks, all guided by the principle of the child’s best interest.
1. Child’s Rights Act 2003 (CRA)
- Adopted in most states.
- Section 63 empowers courts in civil proceedings to order scientific tests, including DNA tests, to determine parentage.
- Protects a child’s rights to identity, maintenance, and protection, regardless of birth circumstances.
2. Evidence Act 2011
DNA results are admissible as expert evidence, provided proper procedures are followed.
For court purposes, the test must comply with chain-of-custody requirements—meaning samples are properly collected, identified, documented, and securely handled to prevent tampering.
3. Matrimonial Causes Act 2004
In divorce or separation proceedings, DNA testing may resolve disputes relating to custody, maintenance, and parental responsibility.
4. Customary and Islamic Law
- Under customary law, acknowledgment—sometimes through naming ceremonies or community recognition—may legitimize a child. However, DNA evidence increasingly prevails in contested cases.
- Under Islamic law (applicable in some northern states), DNA may be considered, subject to consent and privacy considerations.
Court-Ordered DNA Testing
Courts may order DNA testing for minors where paternity is in dispute and it serves the child’s welfare (e.g., inheritance or maintenance claims).
For adults, the issue is more complex due to privacy rights under Section 37 of the 1999 Constitution. Courts have issued differing decisions on compelling adults to submit to testing, reflecting the tension between privacy and justice.
Types of DNA Tests in Nigeria
- Peace-of-Mind Tests
Private and generally not court-admissible.
Estimated cost: ₦100,000–₦300,000. - Legal (Court-Admissible) Tests
Conducted with strict chain-of-custody procedures.
Estimated cost: ₦300,000–₦1,000,000 or more.
Currently, Nigerian law does not criminalize paternity fraud. However, civil remedies may be available in appropriate circumstances.
Legal Rights Established Through DNA Testing
Once paternity is confirmed through legally admissible DNA evidence, rights and obligations arise.
Rights of the Child
1. Maintenance and Support
A biological father may be required under the Child’s Rights Act to provide for the child’s education, healthcare, and general welfare.
2. Inheritance
DNA confirmation may entitle a child to benefit from a father’s estate under statutory or applicable customary law.
3. Identity and Citizenship
DNA evidence can support birth registration, passport applications, and immigration documentation.
4. Custody and Access
DNA may strengthen a child’s or father’s position in custody or visitation disputes, subject to the overriding principle of the child’s best interest.
Rights and Responsibilities of the Father
1. Parental Authority
A confirmed biological father may have rights to participate in decisions regarding the child’s education, health, and upbringing.
2. Custody Claims
Where appropriate, DNA confirmation may support a father’s claim for custody or access.
3. Financial Obligations
Once paternity is established, the duty of maintenance may be legally enforceable.
These rights apply to unmarried fathers as well, as the Child’s Rights Act prohibits discrimination based on birth circumstances.
Outcomes for Assumed Fathers
If DNA Confirms Paternity
- The man becomes the legal father.
- Full parental rights and obligations apply, including maintenance, custody claims, and inheritance rights for the child.
If DNA Disproves Paternity
- Legal fatherhood may cease, depending on the circumstances.
- Maintenance obligations may end.
- Custody and decision-making rights may no longer apply.
Past financial support is generally treated as voluntary and is not automatically recoverable, though legal advice should be sought for specific circumstances.
Possible remedies may include:
- Declaratory relief confirming non-paternity
- Civil claims for misrepresentation, where applicable
- Injunctions against false claims
- Defamation actions, where reputational harm is established
Notably, legal parenthood may still arise through formal adoption or valid acknowledgment, even if DNA is negative.
Case Examples
Tony Anozia v. Patricia Nnani (Court of Appeal, 2019)
DNA testing excluded the husband as the biological father of a child born during marriage. The case demonstrated that marital presumption can be rebutted by scientific evidence.
Peace Izontimi v. Steven Izontimi (2021)
DNA testing confirmed paternity in a custody dispute, strengthening the father’s rights to access and support.
Mohbad’s Paternity Dispute (2026)
In a high-profile inheritance dispute involving the late musician Mohbad, the court ordered DNA testing of a minor to resolve estate-related claims, illustrating the role of DNA in protecting a child’s inheritance rights.
Challenges and Ethical Considerations
- Accessibility: High costs and concentration in urban areas limit availability.
- Consent and Privacy: Courts must balance privacy rights with child welfare.
- Emotional Impact: Negative results may cause distress and family instability.
- Cultural Tensions: DNA evidence may conflict with traditional patrilineal systems.
Legal guidance and counseling are often advisable when navigating paternity disputes.
Conclusion
DNA testing in Nigeria extends beyond biology. It establishes enforceable legal rights and obligations between children and fathers—affecting maintenance, inheritance, custody, and identity.
While it promotes clarity and justice, it must be approached with sensitivity to legal, cultural, and emotional realities. Anyone facing a paternity dispute should seek professional legal advice to understand their rights and options.