Understanding The Legal Position Of Next Of Kin In Nigeria: Myths, Realities, And The Case Of Obi Cubana’s Adopted Son
The phrase “next of kin” is frequently encountered in legal and administrative documents in Nigeria. However, its actual legal meaning is often misunderstood by the general public. This article critically examines the status and rights of a next of kin under Nigerian law, using the trending social media case involving Obi Cubana and his adopted son as a point of reference. It explores the relevance of next of kin status while the testator is alive, when the person dies intestate, and when a valid will exists. The analysis relies on Nigerian statutes and judicial pronouncements.
Introduction
The concept of a “next of kin” has gained prominence in both legal and social contexts in Nigeria, especially following reports about Obi Cubana’s adopted son trending video on Tiktok as being next of kin to the billionaire socialite, Obi Cubana. This sparked public interest about what such a designation truly means under Nigerian law. Many assume that being listed as a next of kin automatically confers inheritance rights. This article sets out to clarify these misconceptions.
Definition and Legal Framework
The term “next of kin” is not comprehensively defined in any principal Nigerian statute. However, it is referenced in various laws such as the Labour Act1, Pensions Reform Act2, and Administration of Estates Laws of various states3. In general, the term refers to a person indicated by another as their emergency contact or representative in matters such as hospital admission, employment, pension documentation, and other personal affairs.
The Black’s Law Dictionary defines next of kin as “the person or persons most closely related to a decedent by blood or affinity4.” This definition aligns with the traditional understanding, but Nigerian law attaches limited legal weight to the title except within specific statutory contexts.
Status of Next of Kin While the Testator is Alive
When a person is alive, the next of kin typically serves the role of an emergency contact or a person authorized to receive information or act on behalf of the individual in restricted circumstances (e.g., hospital decisions, employment matters). For example, under the Labour Act, employers must keep record of an employee’s next of kin and, in the absence of a formal directive, may disburse entitlements to such a person upon the employee’s death5.
However, the next of kin has no legal authority over the individual’s property unless there is an express legal instrument such as a Power of Attorney. Even then, such authority must be clearly documented. The next of kin cannot act beyond the legal scope granted.
Where the Deceased Dies Intestate
When a person dies intestate, the rules of succession depend on whether the deceased was governed by statutory or customary law.
In statutory regimes, such as the Administration of Estates Law of Lagos State6, the estate is distributed according to a defined order: spouse, children, parents, siblings, and other blood relatives. The next of kin, if not falling within these categories, has no legal entitlement to the estate.
In the case of Mojekwu v Mojekwu7, the court invalidated a discriminatory customary rule that denied female relatives inheritance, underscoring that inheritance under customary law must be consistent with the Constitution. Thus, where customary law applies, the next of kin may only benefit if they qualify under such customs.
Where the Deceased Dies Testate
Where a valid will exists, the status of next of kin is legally insignificant unless the individual is named in the will. A testator has absolute discretion to name beneficiaries, regardless of familial relationship. This principle was upheld in Ilori v Ilori8 where the Supreme Court held that testamentary freedom is protected under Nigerian law.
Hence, even if a person is the next of kin, they cannot inherit unless expressly named in the will. If they feel unfairly excluded, their only recourse may be to challenge the will’s validity (e.g., on grounds of undue influence or lack of capacity), but not based on next of kin status.
The Legal Status of an Adopted Child as Next of Kin
Where an adoption is validly conducted under the Child’s Rights Act or equivalent State Adoption Law, the adopted child is deemed a legal child for all purposes9. This includes inheritance.
In Okoli v Okoli, the court affirmed that an adopted child has equal legal status as a biological child and is entitled to inherit under both intestacy and testate succession. Therefore, if Obi Cubana lawfully adopted the boy in question, the child is a legitimate heir.
However, informal or de facto adoptions (common in Nigerian culture) without legal formalization do not confer inheritance rights. In such cases, the child would be excluded unless specifically named in a will.
Legal Misconceptions About Next of Kin in Nigeria
A number of misconceptions surround the legal implications of being a next of kin in Nigeria. These include:
a) Misconception: Next of kin automatically inherits the estate
Reality: A next of kin has no inheritance right unless named in a will or qualifies under intestacy law10. In Akaninwo v Nsirim, the court emphasized adherence to statutory succession, not assumed kinship roles.
b) Misconception: Next of kin has legal authority over property or medical decisions
Reality: Legal authority can only arise from express instruments like a Power of Attorney or court order. In Ajao v Ajao11, the court stressed that mere familial closeness confers no decision-making power. The Child’s Rights Act12 further outlines procedures for legal guardianship, not dependent on next of kin status.
c) Misconception: Next of kin can administer estate or receive pensions and benefits automatically
Reality: Only a legal personal representative, such as an executor or administrator appointed by a court, has such powers. In Union Bank v Ajagu,[13] the court held that banks must adhere strictly to probate procedures. The next of kin can, at best, act as an informant or liaison.13
Conclusion and Recommendations
The legal status of a next of kin in Nigeria is largely administrative, not proprietary. The trending case involving Obi Cubana’s adopted son has reignited the need for public education on this matter. For clarity and legal protection:
i) Individuals should execute valid wills or estate plans.
ii)Formal adoptions should be completed under law.
iii) Families and institutions should understand that next of kin status does not equate to heirship.
Bibliography
1. Labour Act Cap L1, LFN 2004
2. Administration of Estates Law of Lagos State
3. Wills Law of Lagos State 1990
4. Child’s Rights Act 2003
5. Power of Attorney Act
6. Pensions Reform Act 2014
7. Mojekwu v Mojekwu (1997) 7 NWLR (Pt. 512) 283
8. Ilori v Ilori (1983) 1 SCNLR 94
9. Okoli v Okoli (2003) 8 NWLR (Pt. 823) 565
10. Ajao v Ajao (1986) 5 NWLR (Pt. 45) 802
11. Akaninwo v Nsirim (2008) 9 NWLR (Pt. 1093) 439
12. Union Bank of Nigeria Plc v Ajagu (2000) 9 NWLR (Pt. 671) 1
13. Olowofoyeku v Olagbegi (2010) LPELR-4773(CA)
14. Black’s Law Dictionary, 10th Ed.
15. In Re Estate of Okonkwo (Unreported, Lagos High Court, 2010)
About the Author
Sunday Nelson Ogboso, Esq. is a practising Attorney at the law firm of I.I Ekwerekwu, Ekwerekwu & Co. located at No. 2 Court Road, Onitsha, Anambra State, Nigeria. He is also a legal scholar and corporate law enthusiast pursuing a Master’s degree in Corporate, Commercial, and Business Law at Nnamdi Azikiwe University, Awka. He is passionate about constitutional law, business law, and governance reforms in Nigeria.
Email: [email protected] | Phone: 09032032811.
- See section 3(1)(c): This section requires every employer to keep a record of each worker’s personal details, including the name and address of the next of kin. It provides: “There shall be kept in respect of each worker… the name and address of the next-of-kin of the worker.” The Labour Act does not define “next of kin” per se, but mandates that the information be recorded for administrative purposes such as notifying family in the event of death, illness, or other emergencies. [↩]
- Section 4(5) and Section 6(6): These provisions allow for payment of entitlements to named beneficiaries in the event of a contributor’s death. While “next of kin” is often used informally, the law prioritizes “named beneficiary” over mere next of kin status. Section 6(6) states: “Where an employee dies, his entitlements under the Pension Scheme shall be paid to the named beneficiary under a will or a letter of administration…” The Act uses “beneficiary” rather than “next of kin,” thereby excluding automatic inheritance by a next of kin unless such a person is expressly named. [↩]
- For instance, see Administration of Estates Law of Lagos State, Section 49(5). This section defines the order of distribution of an estate when a person dies intestate, prioritizing spouse and children, then parents, then siblings, and then relatives. The law does not expressly define “next of kin,” but it provides a structured order of inheritance. “Next of kin” only becomes relevant if the person fits into one of the categories recognized in the statutory order of succession. The term is used but not legally defined, and does not confer automatic rights unless backed by statutory qualification. [↩]
- Black’s Law Dictionary, 10th Ed. [↩]
- Labour Act Cap L1, LFN 2004, s 3(1)(c). [↩]
- Administration of Estates Law of Lagos State, s 49. [↩]
- Mojekwu v Mojekwu (1997) 7 NWLR (Pt. 512) 283. [↩]
- Ilori v Ilori (1983) 1 SCNLR 94. [↩]
- Child’s Rights Act 2003, ss 129–133. [↩]
- Wills Law of Lagos State, s 1. [↩]
- Ajao v Ajao (1986) 5 NWLR (Pt. 45) 802 [↩]
- Child’s Rights Act 2003, ss 129–133. [↩]
- Olowofoyeku v Olagbegi (2010) LPELR-4773(CA). [↩]
