Inheritance Rights of Illegitimate Children Under Nigerian Statutory and Customary Law

The legal status and inheritance rights of children born outside of marriage remain a contested and socially sensitive area of Nigerian private law. This study examines the inheritance rights of illegitimate children under both statutory frameworks, including the Administration of Estates Law, and applicable customary law traditions across Imo, Delta, and Kebbi States. Using a doctrinal methodology, the research analyses relevant legislation, case law from state high courts decided between 2018 and 2023, and official data from probate registries. The study is supplemented by interviews with 30 family law practitioners and 20 customary law experts drawn from the South East, South South, and North West geopolitical zones to capture a diverse perspective on this issue. Findings reveal that statutory law in most Nigerian states has moved towards greater recognition of illegitimate children's inheritance claims, yet customary law frequently operates to exclude such children entirely, particularly in patrilineal succession systems. The research further examines how children of polygamous customary marriages face additional layers of uncertainty in succession disputes. The study argues for the harmonisation of statutory and customary inheritance rules to eliminate discriminatory distinctions based on birth status, in line with Nigeria's obligations under the Convention on the Rights of the Child. Keywords: illegitimate children, inheritance rights, customary law, succession, child rights