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The Law And Determination Of Paternity

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5 years ago

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The determination of paternity of a child has been an age-long issue. Humanity has had to battle with the infidelity of womanhood. This infidelity has brought so much conflict among men who contend with one another over the fatherhood of a child. In traditional settings and customary law, men had to contend with issues pertaining to customary and biological fatherhood. Primacy was given to customary fatherhood over and biological fatherhood. The situation was such that when a husband died and the wife went into a relationship with another man, the children of the new relationship would be for the deceased husband, if the bride price had not been returned to the family of the deceased husband.
Again when spouses are separated without a formal divorce, the children of the wife’s new relationship belong to the old husband. The situation was adjudged to be repugnant to natural justice, equity and good conscience. In 1934, the Supreme Court decided that the biological father of the child was the real father of the child. However, in certain rural areas of the country customary fatherhood still exists and persists but the effect of the Supreme Court decision has neither been eroded nor corroded. The prevalence of such obnoxious customary law in certain places can either be attributed to ignorance or rustic simplicity.
In recent times, the courts have come out with important decisions on the paternity of a child especially as the global world is tilting toward perversity and lasciviousness.
The high level of immorality among married and unmarried women has popularised DNA test.
“DNA, that is, deoxyribonucleic acid,” is a molecule that contains the genetic code of any organism. It is hereditary and has become a euphemism for scientific analysis of genetic constitution to determine one’s roots.” (Page 256, Paragraph H)
PRONOUNCEMENT 2
On When The Court Can Order Dna Test
“Where a person is a minor (not mature adult) and his paternity is in issue, the court can order the conduct of DNA test in the overall interest of the child, to ascertain where he belongs.
“However, this is not the situation in the instant case where the appellant had a duty to establish his claim on the 2nd respondent, independently, and to produce such evidence to the court. Of course, if he elected to use DNA test to establish his claim, it was up to the appellant to go for it on his own, and/or woo the respondents to do so, without a resort to the coercive powers of the court, compel his adversary to supply him with the possible evidence he needed to prove his case (Page 257, Paragraphs B-C)
“Per MBABA, JCA at pages 256-257, Paragraphs H-A:
I doubt whether that form of proof can be ordered or is necessary to determine that paternity of a 57-years-old man, who does not complain about his parenthood, just to please or indulge a self acclaimed predator, who emerges to destabilise family bonds and poses as a biological father!
“I think it is only the 2nd respondent (mature adult) that can waive his rights and/or seek to compel his parents (or those laying claim to him) to submit to DNA test to prove his root.”
Pronouncement 3 On Whether An Adult Can Be Compelled To Submit To DNA Test:
“A court cannot order an unwilling adult or senior citizen to submit to DNA test, in defiance of his fundamental rights to privacy for the purpose of extracting scientific evidence to assist the appellant in the instant case to confirm or disprove his wish that the 2nd respondent – a 57-year-old man-is his child, of an illicit amorous relationship!
“I think appellant claims at the court below, founded on the obscene and reprehensible informal foundation immoral foundation, were a scandal and blackmail, which a sound lawyer would be ashamed to associate with.”(Page 254, paragraphs F-H)
PRONOUNCEMENT 4
On The Determination Of The Paternity Of A Child:
“If a party is claiming paternity, a court should be allowed to determine same on proof of evidence relating to paternity, which could only be done by referral for a DNA test of the parties involved. After such test, the court has a duty to declare the actual father of the child in dispute in consonance with evidence at its disposal.”[OLAYINKA V. ADEPARUSI (2011) LPELR 2697 referred to.]
(Page 256, Paragraphs F-G).
PRONOUNCEMENT 5
On Presumption In Respect Of A Child Within Wedlock:
“A woman has the right to say who the father of her child is, and of course, where a child is born within wedlock, the PRESUMPTION is conclusive that the child is the seed or product of the marriage.”(Page256, Paragraphs C-D)
And this PRONOUNCEMENT 5 was where Madam Ginger-hair got it all wrong!
PRESUMPTIONS
A PRESUMPTION is an assumption that is made in law that will stand as a fact unless someone comes forward to contest it and rebuts (disproves) it with clear and convincing evidence.
A REBUTTABLE presumption is an assumption of fact accepted by the court until rebutted (disproved).
Generally, all presumptions can be regarded as REBUTTABLE and the PRESUMPTION OF PATERNITY is no exception.
The presumption of paternity is reputable on the presentation of clear and irrefutable evidence to the contrary, as clearly stated by the Court of Appeal in the PRONOUNCEMENT 2.
Conclusion
In a nutshell, the CURRENT position of Nigerian Law is that when a MARRIED woman gives birth to a CHILD, her HUSBAND is 100 percent PRESUMED to be the father of the child.
And where the paternity of the said CHILD is in contention, upon the application of one of the parties, the court CAN and SHOULD order a DNA test to be conducted to determine the TRUE father of the CHILD.
Conversely, an adult is 100 percent PRESUMED to know his TRUE father.
And where the PATERNITY of the said ADULT is in contention, except the ADULT surrenders himself for a DNA test, upon the application of one of the parties, the court CANNOT and SHOULD NOT order a DNA test to be conducted to determine the father of the adult.

 

By: Chidi Enyie & King Onunwor

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‘The Scholar of Evidence, Integrity and Community Leadership’

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6 days ago

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May 13, 2026

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In legal philosophy, silence is often romanticized as wisdom. But within the law of evidence, silence may carry a very different implication — it can amount to an admission. This thought-provoking paradox forms part of the intellectual reflections of Professor Chris C. Wigwe, SAN, an accomplished legal scholar whose contributions to legal education and jurisprudence continue to shape conversations within Nigeria’s academic and professional legal circles.
Professor Christian Chizindu Wigwe stands among the distinguished figures produced by Nigeria’s legal academy. A Senior Advocate of Nigeria and seasoned scholar, he built a reputation for intellectual rigor, disciplined scholarship, and principled leadership in the study and teaching of law.
His academic journey reflects the making of a global legal mind. Wigwe obtained his Bachelor of Laws degree from Ahmadu Bello University, Zaria, before proceeding to the Nigerian Law School where he qualified for the Nigerian Bar. His quest for deeper scholarly engagement later took him to the United Kingdom, where he earned a Master of Laws degree from Middlesex University and subsequently a PhD in Public International and Economic Law from the University of Leeds.
These academic attainments did not merely decorate his curriculum vitae; they laid the intellectual foundation for a career that has consistently bridged theory and practice within the legal profession.
Over the years, Professor Wigwe has distinguished himself in the fields of jurisprudence, international law, criminal law and the law of evidence. His scholarship reflects a deep interest in how legal systems respond to economic realities, international cooperation and evolving global norms.
Within Nigeria’s university system, his name became closely associated with the Faculty of Law at Rivers State University in Port Harcourt, where he served as Dean from 2022 until November 2025. His tenure coincided with renewed conversations about strengthening legal education and positioning the faculty for global competitiveness.
Under his watch, the faculty intensified efforts to deepen research culture, strengthen postgraduate training and pursue partnerships capable of elevating the institution’s standing among law faculties in Africa.
Professor Wigwe also consistently emphasized the importance of institutional collaboration and alumni support in sustaining academic excellence. In public engagements, he urged graduates and stakeholders to support universities in building research centres and scholarship opportunities for students.
That perspective reflects his broader understanding that legal education must go beyond classroom instruction. For Wigwe, the development of law faculties must be anchored on strong research infrastructure, vibrant intellectual discourse and international engagement.
Beyond administrative leadership, he has remained an active contributor to legal scholarship through books and research publications. His works cover diverse aspects of legal theory, international institutions and corporate law practice.
Among his notable publications are texts such as Legal Research Methodology and Practice, Introduction to Company Law and Practice, and scholarly works exploring the economic dimensions of international institutions and monetary law.
These contributions have become reference materials for students and scholars seeking a deeper understanding of legal research and the dynamics of international economic law.
What distinguishes Wigwe’s scholarship is his ability to situate legal principles within the realities of global economic systems. His writings frequently interrogate how international institutions exercise power and how developing economies can navigate complex legal frameworks within global trade and finance.
Such perspectives have increasingly become relevant in a world where international law influences domestic economic policy, cross-border transactions and global governance.
Within the classroom, colleagues and students often describe him as a meticulous teacher who believes that legal reasoning must be sharpened through intellectual discipline and ethical responsibility.
His academic philosophy emphasizes the importance of integrity in the legal profession. For him, legal education must produce not only technically competent lawyers but individuals whose character can withstand the ethical demands of justice.
This emphasis on integrity resonates strongly within the Nigerian legal system, where the credibility of institutions often rests on the moral courage of those entrusted with authority.
Indeed, Wigwe’s professional life reflects the principle that law is not merely a technical craft but a moral enterprise aimed at preserving fairness and order in society.
His elevation to the prestigious rank of Senior Advocate of Nigeria further affirmed his standing within the legal profession. The SAN rank, often regarded as the pinnacle of legal practice in the country, is reserved for practitioners and scholars whose careers demonstrate excellence and integrity.
Yet, beyond titles and accolades, his legacy lies in the countless students he has mentored over decades of teaching.
Across courtrooms, law firms, government institutions and international organizations, former students continue to carry forward the intellectual and ethical lessons instilled during their time under his tutelage.
Mentorship remains one of the most enduring contributions of any academic. Through it, knowledge is transmitted across generations, shaping the legal culture of a society.
Professor Wigwe has consistently viewed mentorship as a responsibility rather than a privilege. For him, the success of students represents the true measure of a teacher’s impact.
His leadership style within academia reflects calm authority rather than flamboyance. Colleagues often describe him as a scholar who prefers substance over spectacle, focusing on institutional growth rather than personal acclaim.
This disposition aligns with his belief that universities must remain centres of reason, inquiry and ethical reflection.
Beyond the walls of academia, Professor Wigwe’s influence extends meaningfully into community life. His dedication to secular and communal activities has earned him admiration within his hometown of Isiokpo.
Recognizing his contributions to community development, leadership and social cohesion, the people of Isiokpo honoured him with a traditional chieftaincy title — a cultural recognition reserved for individuals whose lives exemplify service and integrity.
The honour reflects the deep respect he commands not only as a scholar but as a community figure committed to the welfare and progress of his people.
Traditional institutions in many African societies remain important custodians of culture, identity and moral leadership. When communities confer chieftaincy titles, they are often acknowledging a life lived in service to collective advancement.
For Professor Wigwe, this recognition underscores a broader philosophy that scholarship should not exist in isolation from society.
Rather, knowledge must translate into service — guiding communities, strengthening institutions and inspiring future generations.
The influence of scholars like Wigwe becomes even more significant in societies navigating complex governance challenges. Legal scholars provide the intellectual frameworks through which institutions interpret constitutions, enforce rights and resolve disputes.
In this regard, the Nigerian legal system continues to benefit from the contributions of academics who combine scholarship with practical insight.
Figures such as Professor Wigwe represent a bridge between legal theory and real-world governance.
Such individuals are invaluable to both national and international institutions that require legal minds capable of navigating complex regulatory and diplomatic environments.
The global legal community increasingly recognizes that expertise in international economic law, institutional governance and evidence law is essential for addressing contemporary challenges.
From trade negotiations to international arbitration and human rights enforcement, the need for scholars with strong analytical foundations has never been greater.
Nigeria, like many developing nations, possesses a reservoir of intellectual talent within its universities. However, such expertise is often underutilized in global governance spaces.
Scholars with the depth of experience and credibility of Professor Wigwe deserve broader platforms where their insights can contribute to shaping international legal discourse.
Positions within multilateral organizations, international arbitration panels, global academic networks and legal reform commissions could greatly benefit from the perspectives of scholars who understand both local realities and global legal frameworks.
The strength of any legal system ultimately depends on the integrity and intellectual courage of those entrusted with responsibility.
When individuals who embody these virtues are elevated to positions of trust, institutions become stronger and public confidence grows.
Professor Chris C. Wigwe’s career illustrates the enduring relevance of scholarship grounded in integrity, intellectual discipline, community service and responsible leadership.
In a time when public institutions require credible voices capable of guiding policy with wisdom and ethical clarity, figures of his calibre stand out as valuable assets not only to Nigeria but to the wider international community.
Ultimately, the story of Professor Wigwe is not merely about academic achievements or professional titles. It is about the quiet but powerful influence of a scholar committed to the ideals of justice, knowledge, community service and ethical leadership.
And in the long arc of legal history, it is often such scholars — patient builders of institutions, mentors of generations, and respected sons of their communities who leave the most enduring imprint on the pursuit of justice.
King Onunwor
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Report Against Lecturer Mere Witch-Hunt – RSU Management

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6 days ago

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May 13, 2026

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A top management official of Rivers State University has described the recent allegations against a lecturer of the institution as a calculated witch-hunt aimed at tarnishing the image of both the academic and the university.
The management source, who spoke on condition of anonymity, maintained that the allegations bordering on the purported use of a forged appointment letter were misleading and failed to reflect the true circumstances surrounding the lecturer’s employment history.
According to the official, the university has an established administrative structure for recruitment, documentation and confirmation of staff appointments, stressing that no employee could remain in service for years without due verification by relevant departments.
The source explained that the matter had already attracted internal scrutiny and preliminary findings did not support claims being circulated in some quarters against the lecturer identified as Dr. Dike Harcourt Whyte.
He noted that the lecturer had continued to discharge his academic responsibilities diligently and had not been indicted by any panel or court of competent jurisdiction over the allegations.
The management official further alleged that certain individuals were sponsoring petitions against the lecturer due to personal disagreements and internal rivalries unrelated to the university’s academic standards.
He expressed concern that attempts were being made to drag the name of the university into avoidable controversy, especially at a time the institution was making significant progress in academic development, research and infrastructural expansion.
The source reiterated that the university administration under the Vice Chancellor remained committed to fairness, due process and the protection of staff members from harassment, intimidation and malicious attacks.
He stated that the institution would not act based on public sentiment or social media pressure, but would instead rely on verifiable records and official procedures in addressing any matter involving members of staff.
The official also warned against the spread of unverified information capable of causing reputational damage to individuals and the university, noting that such actions could undermine public confidence in the institution.
Meanwhile, some staff members who spoke in defence of the lecturer described him as a committed academic who had contributed positively to teaching, research and mentorship within the university community.
They therefore called on the public to disregard what they termed a smear campaign against the lecturer and allow the university authorities to handle the matter professionally and in accordance with established regulations.
When contacted, Whyte declined comment, but said on the University authority has the legal right to speak on the matter.
Meanwhile, the Vice chancellor of the University, Prof Isaac Zeb-Obipi, in his response said he was not the VC when Dr. Whyte was appointed.
“I wasn’t the VC when he was appointed. He was appointed several years ago; and I am not aware of any petition against his appointment”, he said.
Prof. Zeb-Obipi stressed that he had requested a meeting with the petitioners as part of efforts to investigate the allegations.
“How come I just became Vice Chancellor and they are writing a petition? To investigate the petition, I have requested to meet with the petitioners,” he said.
King Onunwor
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City Crime

Women In STEAM: Overcoming underrepresentation: A Nigerian woman’s journey in Asian tech, design

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2 months ago

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March 23, 2026

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In this episode of Women in STEAM, Nabhel Harmony, a Nigerian product designer living in Indonesia, reflects on her journey navigating the global tech industry as an African woman in the room.

Ms Harmony says underrepresentation is a major challenge, often leading to bias and underestimation.

PT: What inspired you to pursue a career in product design?

Ms Harmony: I began as a graphic designer in 2017, first learning CorelDRAW to help my mom with flyers, then building skills with Adobe Suite and working at a printing press. The real shift happened during my master’s programme when I came across a Microsoft UX video. That moment, along with learning Figma, inspired me to pursue product design. Since then, I have focused on creating intuitive, human-centred digital experiences, driven by the belief that design should be both impactful and useful.

PT: What experiences or skills do you think are essential to break into the field?

Ms Harmony: I think the essentials for breaking into design right now come in two layers. First, you still need a strong foundation in UX, understanding user needs, problem-solving, and being able to communicate ideas clearly. Tools like Figma are great, but more important is learning how to think like a designer: how to frame problems, test assumptions, and iterate.

The second layer is adaptability. With the rise of AI-powered tools like Stitch, Claude, Cursor, Lovable and others, the way we design is evolving. These tools can speed up workflows and even generate starting points for us, but they do not replace the need for critical thinking or empathy. I always encourage new designers to learn the traditional UX process and experiment with AI tools to see how they can supercharge creativity and productivity.

Finally, I would say, the designers who will thrive are those who are curious, willing to explore, and able to use both human insight and machine assistance to create experiences that feel truly meaningful.

PT: Can you share an example of a project that had a significant social impact, and how you approached designing for that specific challenge?

Ms Harmony: One project with real social impact was the redesign of iglooconnect, a platform that links smart locks with services like Airbnb. The old system was clunky and confusing, creating barriers for property managers, small businesses, and international users, sometimes even affecting safety and livelihoods. I approached it with empathy, becoming a user myself, gathering insights from support teams, and studying competitors.

We streamlined user flows, simplified navigation, and improved accessibility. The result was a platform that now supports thousands globally, helping property managers focus on hospitality, enabling small businesses to grow, and making the experience intuitive for international users. It reinforced for me that good design isn’t just about looks, it’s about equity, trust, and opportunity.

PT: As a senior product designer, what qualities do you look for in a design team, and how do you foster a collaborative and innovative environment?

Ms Harmony: As a senior product designer, I look for curiosity, empathy, and resilience in a design team. Curiosity drives exploration, empathy ensures we design for people and collaborate well, and resilience helps us embrace feedback and ambiguity. To foster collaboration and innovation, I focus on building trust, encouraging open dialogue, celebrating collective wins, and creating a safe space for experimentation and growth.

PT: As a design tutor, how do you approach mentoring junior designers, and what advice would you give to those looking to grow in their careers?

Ms Harmony: I mentor by focusing on mindset over tools. I encourage juniors to see design as problem-solving, not just screen-making. I give them small, real projects to build confidence, and I make feedback a two-way process so they learn to see critique as growth.

My advice is simple: stay curious, build portfolios that show your process (not just polished screens), and find a design community to learn with. Skills evolve, but curiosity, empathy, and resilience will always set great designers apart.

PT: Can you discuss your approach to designing accessible and user-centred solutions, and how you balance business needs with user requirements?

Ms Harmony: My approach to accessible, user-centred design starts with empathy. I focus on understanding user pain points, then simplify flows to make products clear, inclusive, and intuitive. To balance this with business needs, I connect user pain points to outcomes such as efficiency, adoption, and retention. For example, in one of my recent projects, I simplified access flows for property managers by creating an integrated dashboard which not only improved usability but also reduced support tickets, creating value for both users and the business.

PT: What challenges have you faced as a woman of African descent in the tech and design industries, and how have you overcome them?

Ms Harmony: One of the biggest challenges I have faced as a woman of African descent in tech and design is representation. Living in Asia, particularly here in Indonesia, I have often found myself as the only African woman in the room, which sometimes meant dealing with bias, being underestimated, or having to work harder to prove my expertise.

I have overcome this by leaning into resilience and community. I built networks with other designers and used those connections for support and growth. More importantly, I let my work speak for itself, focusing on delivering impact and creating meaningful solutions.

PT: How do you think designers can give back to the community, and are there initiatives you have been involved in to promote design education and awareness?

Ms Harmony: One of the most meaningful ways designers can give back is by creating access to knowledge, to opportunities, and representation. For many people, design may feel like an unfamiliar career path, especially now with the rapid rise of AI. And the first barrier is often simply not knowing where to start. By mentoring, sharing resources, and opening doors, we can demystify design and make it more inclusive.

ALSO READ: Women in STEAM: Excellence Joshua speaks on navigating motherhood, building a career

I have been mentoring women who are breaking into tech and design through She Code Africa. Additionally, I mentor on ADPList, guiding emerging designers worldwide on career growth. Last year, I partnered with the Interaction Design Foundation (IxDF) to provide free and discounted memberships, extending access to high-quality courses that many may not otherwise be able to afford. I also run a Telegram tech community of over 800 designers, where I regularly share opportunities like jobs, internships and courses that can help someone to take the next step in their career. Altogether, these efforts have allowed me to support hundreds of aspiring designers in building strong foundations and finding their place in the industry.

PT: How do you stay up-to-date with the latest design trends and technologies, and what resources would you recommend for others looking to do the same?

Ms Harmony: I stay up to date by staying active online, especially on Twitter (X). It may sound a little cheesy, but it genuinely works for me. I follow thought leaders and official design team accounts like Google Design, Microsoft Design, and tools like Figma and Framer on Twitter (X) and LinkedIn. I also make it a point to experiment with new tools as they are released, particularly AI-powered ones like Figma Make, Cursor, Lovable, and Stitch. From time to time, I complement this with online courses, which help me strengthen my foundation and stay adaptable.

For others, I would recommend a balance: structured learning through platforms like the Interaction Design Foundation or Coursera, paired with mentorship opportunities on ADPList or She Code Africa for aspiring African women in tech. That mix of formal education, community learning, and hands-on exploration is what keeps you not only up to date but truly adaptable in such a fast-moving field.

PT: What message would you like to convey to women and underrepresented groups who are interested in pursuing a career in tech and design, but may be hesitant or unsure?

Ms Harmony: My message would be simple: you belong here. Tech and design can sometimes feel intimidating, especially when you don’t see many people who look like you in the room, but your perspective is not just valid, it’s valuable. The industry needs diverse voices and experiences to create solutions that work for everyone. If you are hesitant, start small. Take a course, join a community like She Code Africa and surround yourself with people who will support and encourage you. Do not wait until you feel “ready”; none of us ever really does. Growth comes from trying, learning, and showing up consistently.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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