City Crime
The Law And Determination Of Paternity
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
The Rivers State Government has vowed to enforce strict compliance with approved building plans by property owners and developers in the State to guarantee safety and adherence to regulatory standards.
The Commissioner for Physical Planning and Urban Development, Rt. Hon. Evans Bipi, in his inaugural meeting with the Permanent Secretary, Directors and staff of the Ministry, said he would ensure full implementation of the Physical Planning Development Law of the State.
He warned that the Rivers State Government will no longer condone a situation where developers make deliberate adjustment or completely deviate from approved building plan in the execution of their projects without recourse to the Ministry.
Hon. Bipi solicited the cooperation of the civil servants of the Ministry while promising to run an open door policy and be easily accessible.
He also promised to right the wrongs, make a positive impact and leave an enduring legacy in the Ministry.
He promised to enhance the physical landscape and aesthetic of Old and New GRA as well as other parts of Port Harcourt.
In his remarks, the Permanent Secretary of the Ministry of Physical Planning and Urban Development, Surv. Wisdom Hebron, assured the Commissioner of maximum cooperation to foster a harmonious working environment.
Rivers State Governor, Sir Siminalayi Fubara, has approved the payment of N85,000.00 as the new minimum wage for civil servants in the employ of the Rivers State Government.
This is the agreement reached during a closed door meeting presided over by the Governor and attended by representatives of organised labour under the auspices of the Joint Public Service Negotiating Council in the State at Government House in Port Harcourt on Friday.
Briefing newsmen after the meeting, the Head of Rivers State Civil Service, Dr George Nwaeke, who spoke on behalf of the Government, affirmed that Governor Fubara has graciously approved a new minimum wage of N85,000.00, adding that the government will begin in November, 2024.
Dr George said, “He (Gov Fubara) has pronounced a figure that is higher than the National Minimum Wage. He pronounced a sum of N85,000.00, which is higher than the minimum wage that was prescribed nationally.
“So, as the Head of Service and a major stakeholder in the labour family, I am very happy to say that the Rivers State Civil Servants have never had it this good since the inception of this State.
“The labour union leaders and all the other major stakeholders were happy with this development,” he added.
Responding to possible payment of arrears, Dr Nwaeke, said it is yet to be determined because a technical committee has been set up to critically work out a tenable payment chart, which will cater to issues of arrears.
He clarified, “Issues of arrears will be worked out by the committee that I am going to be Deputy to the SSG. We are already going to work on it in a technical committee that will now get the nitty gritty of the payment and inform the press later.”
On his part, the Rivers State Chairman of the Joint Public Service Negotiating Council, Comrade Emecheta Chuku, explained that this is their first meeting with Governor Fubara to discuss the issue of the new minimum wage as approved by the Federal Government of Nigeria.
Comrade Chuku pointed to the fact that the gracious approval of N85,000.00 new minimum wage is very appeasing to the labour leaders, adding that it demonstrates love for the workers.
He explained, “For the Governor to come, against all the crisis, against all the things that he is facing and more, to say he will pay N85,000.00 minimum wage, I think our hearts are full of joy.
“Of course, we have no doubt, knowing the kind of person we have as our Governor. He is a decent man; very responsible enough; and grew through the rank and file of the system. He understands what it takes to earn a living salary; he understands the difference between gifting money and paying somebody salary that can sustain him or her from the first day to the last day of the month.”
Also speaking, the Chairman, Nigeria Labour Congress (NLC), Rivers State Chapter, Comrade Alex Agwanwor, noted that the amount approved by Governor Fubara puts Rivers State Government ahead of Lagos State as the highest minimum wage paying State to civil servants in Nigeria.
He stressed, “Why do I say that? Lagos State said N85,000.00 and Rivers State is paying N85,000.00. The IGRs of Lagos State and Rivers State are not the same. So, for the Governor to agree to pay the same rate with Lagos, that means we are at the top of it.
“We are the best, and we want to continue to commend the Governor. We assure him that, as far as this State is concerned, labour is going to stand with him. We will be with him even until the next eight years.
“I want to commend His Excellency, Executive Governor of Rivers State, our own Number One Worker in Rivers State, he has, once again, proven that the workers in Rivers State gave him an award on May Day as the Champion of Labour, as the Most Labour-Friendly Governor in Nigeria. He, again, has shown that to us today, and I want to commend him.”
He added that they were returning to the State Secretariat Complex to inform workers of the Governor’s magnanimity and benevolence towards civil servants in the State.
Rivers State Governor, Sir Siminalayi Fubara, has felicitated Muslim faithful as they celebrate the birth of Prophet Muhammad, urging them to show love, tolerance, perseverance, patriotism and commitment to the growth and development of the State.
Governor Fubara, in a message in Port Harcourt, the State capital, urged the Muslim Ummah to use the lessons of the 12th day of the third month of Rabi’ al-Awwal to reflect on the core teachings of the Holy Prophet, and interceed for one another as exemplified by the sacrifices He made for humanity.
The Governor charged the faithful in the State and across the country to commit to ensuring that they continue to benefit from the genuine policies and programmes of government put in place to make live easy for all living and doing business in the State, without discrimination.
He said, “I, on behalf of the government and good people of Rivers State, heartily felicitate all Muslim faithful on the occasion of the Eid-el-Maulud celebration, to honour the birth of the Holy Prophet Muhammad, and urge for prayers for the revival and unity of Nigeria.
“The occasion, yet again, provides an opportunity to reflect deeply on the need for greater application of the Prophet’s teachings bordering on piety, charity, patience, resilience, justice and peaceful coexistence,” he added.
Governor Fubara assured the Muslim community in Rivers State, and indeed, all residents of the resolve of his administration to sustain the tempo of providing critical projects and social services to improve the quality of life of the people.
