A Critical Apprisal Of Legitimacy And Legitimation Under Nigerian Family Law

On the hand in Donaldson V Mc niven 89 the defendant who lived in a populous district of a city, allowed his son aged thirteen years to have an air rifle, on the condition that it is never to be used outside his house, the son was allowed to use the rifle in the cellar, without the defendant’s know, the son fired the air rifle in an alley- way used as a play ground by other children, and injured the plaintiff a child of five, it was held that there was not such lack of supervision by the defendant of his son’s activities as, would constitute negligence he was not therefore liable in damages or his son’s act.
4.4.0 DUTIES OF A LEGITIMIZED CHILD TO HIS PARENT
•    DUTY TO RENDER SERVICE
Once legitimated, the parents of such a child become entitled to his services while he resides with them, the services are usually of a domestic nature, but they may be contractual. Where the child is under twenty one years of age, he is presumed to render services, no matter how nominal to his parents, but when the child has attained the age of majority, the parents must prove that the child in fact renders some domestic services to
them. In lough v ward90the plaintiff’s daughter, aged about seventeen years without the consent of her father, entered a communal establishment organised by the defendants. Although she was free to live anywhere she liked, she had no desire to do so, she could be seen by members of her family, only in the presence of one of the defendants. The plaintiff, the father sued for the loss of her services arising from her enticement by the defendant. It was held that her father was entitled to damages.
•    DUTY TO OBEY
A child is duty bound to obey his parents, and carry out their instructions to the letter, provided it is lawful, when the child is under the care of such parent, a child is expected to listen to the teaching of his parents so far as it is not misleading.
•    DUTY TO LOVE
A legitimated child also is also expected to love his parents just as the parent is also expected to love his legitimated child.
•    DUTY TO CARE
Also, a legitimated child is under the duty to care for his parents, especially when they are old and weak, as a way of reciprocating their earlier show of love and care.
•    DUTY TO SUPPORT
A child when legitimated should help and support his parent in their business and in whatever way legally possible, this may be by running errands for them and assisting them in their work.
•    DUTY TO RESPECT
This is inevitable as the next person after God should be the parents, this respect is shown by referencing them and by consulting them before taking any decision, when we are under their care.
4.5.0 CONSTITUTIONAL APPROACH TO THE RIGHTS OF A LEGITIMATE AND LEGITIMATED CHILD
By virtue of Section 42(1) 1999 Constitution of the Federal Republic of Nigeria;
No citizen of Nigeria of any particular community, ethnic group, place or origin, sex, religion or political opinions shall by reason only that’s he is such person.
a, ‘be subjected either expressly, by or in the practical application of, any law in force in Nigeria or any executive or administration action of the government to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religion or political opinion are not made subject, or.
b. “be accorded either expressing by, or in the practical application of any law in force in Nigeria, or any such executive or administration action, any privilege or advantage that is not accorded to citizens of Nigeria or other communities, ethnic groups, places of origin, sex, religion, political opinion.
Subsection (2);
No citizen of Nigeria shall be subject to any disability, or deprivation merely by reason of the circumstance of his birth.
4.6.0 CONCLUSION
As seen from the above chapter, the legal effect of legitimation, is to place the otherwise illegitimate child in the position of a legitimate child, where by such a child becomes entitled to the rights of a legitimate child which are the right to maintenance, protection, succession among other rights and also becomes subject to the duties of a legitimate child to the parent, which include the duty to render services, obey the lawful instructions of the parent and to care for his parents especially at old age, when their bones would have become weak, the parent of the legitimized child are also entitled to some right by their legitimated child which includes the right to determine religious upbringing, to discipline the child   among other related rights, the parent are equally subject to certain duties which includes the duty to educate ,protect and have the custody of the child, in essence, an illegitimate child when legitimated is placed in the same legal position as a legitimate child. This is coming from the background of the fact that an illegitimate child should not be made to bear the consequences of the sins he did not commit, as the fact of his illegitimate birth is not a fault of the child, but the fault of the parents, as can be seen from the provisions of the Constitution of the Federal Republic of Nigeria 1999 and the Child’s Right Act, which is to the effect that there no illegitimate children, as all children are seen and conferred with the same status.