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Legitimacy And Legitimisation

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Under the Law of Inheritance, Legitimacy and Legitimisation is connected with status of the successor of the deceased.
The status of the successor of the deceased. The status acquired by a person who is born in lawful wedlock is known as Legitimacy. Lawful wedlock includes, marriage under the Act, as well as customary law, which also include, Islamic marriage. Any child born during the subsistence of either of these aforementioned marriage is legitimate.
Legitimisation is the process by which a child who has not been legitimate acquires legitimate status. This status can be acquired by the subsequent statutory marriage of the parents of the illegitimate child or through the process of acknowledgement by his putative father under Customary Law. The legal effect of acknowledgement was aptly described by Cole J. in Taylor v Taylor (1960) LLR 286, where he held that “the acknowledgement of paternity by the father IPSO facto legitimises the children and there could not for the purposes of succession be different degrees of legitimacy.
In Cole v Akinyele (1960) SCNR 193, the deceased who was married under the Act, had an affair with another woman during the subsistence of the statutory marriage, while the other child was conceived during the marriage but born shortly after the death of the wife of the statutory marriage. The issue before the court was whether the two children could be regarded as legitimate children of the deceased as a result of acknowledgement of their paternity by the deceased. For the child born during the subsistence of the statutory marriage, the court held that it was contrary to public policy to allow the father legitimise that child by any other method, other than the procedure by the legitimacy ordinance. In other words, the child cannot be legitimated by a subsequent customary marriage but by marriage under the statute.
In Lawal v Younan (1961) 1 ALL N.L.R. 254. It was held that if a child is born within 280 days after his parents have obtained a decree absolute, the presumption of legitimacy will still apply to the child. Under Islamic law, a child is presumed to be legitimate once he is conceived during the subsistence of the marriage. It is immaterial whether the child is born after the marriage has been dissolved.
Also in some custom, a man who has no male child can ask one of his daughters to stay behind and not marry, for the purpose of producing a male child, who will succeed her father, saving the father’s name from extinction. Note that the male child produced in that circumstance, has full rights of succession to the grand father’s land and title. Similarly, a barren wife may in a bid to fulfill her marital obligation of bearing children for her husband, marry another wife for the husband. Which means providing the bride price for the marriage. Children of such marriage to the other wife will be regarded as legitimate children of the husband. It is evident that under customary law, a child maybe regarded as legitimate, even if the mother never acquired a status of a lawful wife.
The concept of Legitimacy is very important in Nigeria because of the social stigma that is associated with illegitimacy.

 

Nkechi Bright Ewere

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City Crime

Okowa Congratulates New CAN President

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Delta State Governor, Senetor Ifeanyi Okowa, has congratulated Most Rev. Daniel Okoh, on his election as President of the Christian Association of Nigeria (CAN).
CAN formally validated the election of Okoh as its new President after polling 100 per cent of votes cast by the 259 delegates at its 12th General Assembly.
The Peoples Democratic Party’s (PDP) Vice-Presidential candidate also commended the Christian community for the peaceful conduct of the convention, saying that it reflected the promotion of peace and unity which it preached.
He charged Okoh to mobilise citizens to collectively pray for the country; champion the crusade of religious tolerance and build bridges in that regard.
“On behalf of the government and people of Delta, I congratulate Most Rev. Okoh on his election as CAN’s president.
“We are pleased with your peaceful emergence as the number one leader of Christians in Nigeria.
“The task ahead is onerous and it is our prayer that in your new position, God uses you to counsel and move the entire Christendom in Nigeria in the direction that you have been ordained to lead.
“I must also appreciate the role of the Church in promoting peaceful co-existence, education and social welfare in our state and country,’’ he said in a statement issued by his media aide, Olisa Ifeajika.
The governor also commended the outgoing president of the association, Dr Samson Ayokunle, for successfully piloting the affairs of CAN during his tenure.
“As Deltans, we remain extremely proud of your illustrious contributions to the growth of the Christian faith in Nigeria,’’ Okowa added.

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City Crime

Anglican Bishop Hails Wike’s Support For Church

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The retiring Anglican Bishop of Niger Delta Diocese, Ralph Cornelius Ebirien, has commended the Rivers State Governor, Chief Nyesom Wike, for his invaluable contributions to the church, saying that the governor has shown much love and support to the church.
Ebirien stated this during his pre-retirement press briefing at the diocesan church headquarters in Port Harcourt, yesterday, as part of activities marking his retirement and pulling out from Anglican priestly ministry as well as to mark his 70th birthday celebration, tomorrow.
The bishop, who is the sixth diocesan bishop of Niger Delta, said that the governor, through his generosity and support to the diocese, renovated the Nyemoni Grammar School, Abonnema, making the school one of the best schools in the state.
“God used Governor Nyesom Wike to renovate the Nyemoni Grammar School, today is among the best.We thank him for his love, also his Deputy, Dr Ipalibo Harry Banigo, who is a member of diocese. They have shown us love and support”.
Recounting his 12 years’ achievement as the bishop of the diocese, Ebirien disclosed that prominent of his flagship programmes include yearly Sunday school conference, continuous training and re-training of pastors and the clergy, planting of new churches as well as giving scholarship to indigent members of the church, among others.
“We are committed to spiritual development through the revival of the Sunday school conference. The number of people we confirmed was over 5,000;we admitted many into mother’s guild, teach people Bible and prayer ministry.”
The out-going bishop, while commending members and the clergy for the support given to his family in the past 12 years, advised them to let brotherly love that has bound the church together continue, adding that what took the church to its present height was love.
“Bring the little you have for the work of God. Recognise Him as your helper, be appreciative and grateful”, he said.
Ralph urged members of the church not to be aloof in political participation but be active players in the polity.
“Get your PVC so as to vote credible men that will be God-fearing and help the church, irrespective of your party affiliation during the next elections”.
The bishop in company of members of the clergy and the leadership of the church, paid his last episcopal visit to the Port Harcourt Children Home, and Our Saviours’ Hospital owned by the church,where he donated food items, and also prayed for the inmates.

By: Akujobi Amadi

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Business

Lagos To Partner Firm On Digital Economy

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The Lagos State Governor, BabajideSanwo-Olu, has said that the State will  partner with TERAWORK, a tech platform for hiring freelancers, to explore the gig and digital economy.
According to Sanwo-Olu,  this partnership will help upskill youths and train them to seize employment opportunities in tech industries globally.
He disclosed this while paying a visit to the business stand of the company during the Lagos Employment Summit organised by the Lagos State Employment Trust Fund, recently.
“The Lagos State Government is scaling its intervention in critical areas of the economy. As part of that effort, we are rejigging the activities of the LSETF to broaden its impact in terms of strengthening the productivity of businesses and entrepreneurs”, he said.
He noted that the platform will offer an impressive proposition and solutions that meet the expansive needs of the active segment.
The also said that it will help businesses  to raise productivity level by leveraging the skills of a wide range of freelancers while also creating new job opportunities for the teeming youth segment.
The Chief Executive Officer, TERAWORK, Femi Taiwo, who spoke during a break out of the summit themed, ‘The Future of Work: Gig Economy’, said the gig economy is the locus of shared prosperity in the 21st century.
Taiwo, also pointed out that  it can be expanded to drive economic growth if appropriate national policies are formulated and implemented.

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