How To Prove Paternity Without DNA Test In Nigeria

Introduction

During the recent late Mohbad saga, many called for a Deoxyribonucleic Acid test (DNA test) to confirm if the child is truly the son of the father. While DNA testing is reliable, Nigerian law recognizes other ways through which one can lawfully prove paternity without without DNA test in Nigeria. This article explores the legal alternatives to DNA testing for establishing paternity in Nigeria, offering insights into traditional and modern approaches recognized by Nigerian law.

Ways of proving paternity without DNA testing in Nigeria

DNA testing is widely considered the most accurate and scientific method of proving paternity in Nigeria. However, Nigerian law recognizes alternative legally acceptable means of establishing paternity. In fact, relying solely on DNA testing as the definitive way of proving paternity in Nigeria represents an incomplete view of the law. Legally acceptable alternatives to DNA testing are as follows:

Acknowledgment of Paternity

One of the primary ways to prove paternity without a DNA test in Nigeria is through the acknowledgement of paternity. This method is deeply rooted in customary law. In this alternative way of establishing paternity, one does not need to be the biological father of a child or to be married to the child's mother, to be the father of the child. All that is required is some positive acts from the father acknowledging the child as his, such as:

1. Verbal acceptance of the child
2. Naming ceremonies
3. Public recognition of the child as one's own
4. Supporting the mother during pregnancy

For instant, in the landmark case of Olanrewaju v. Gov. of Oyo State¹, in that case the paternity of Lagbende was in issue and the Supreme Court held that the acceptance of Lagbende's pregnancy by Oba Fagbayi, and his naming are sufficient acts of acknowledgment of the paternity of the 4th respondent's grand-father by Oba Fagbayi in the Yoruba customary law.

The Supreme Court in the above decision clearly affirmed that under Yoruba customary law, evidence of accepting pregnancy and naming the child is sufficient to acknowledge paternity, in a case where paternity is in issue.

Presumption of Paternity:

Another method to prove paternity without DNA test in Nigeria is through the legal presumption of paternity. This is outlined in Section 165 of the Evidence Act, which states:

Key points about this presumption:

1. It applies to children born within a valid marriage both customary and statutory marriage
2. It extends to children born within 280 days after marriage dissolution
3. This presumption is rebuttable with substantial contrary evidence

The above implies that a child born during the subsistence of a valid marriage between his mother and any man or within 280 days after the dissolution of the said marriage shall be presumed to be the legitimate child of the man unless it is proved by clear, and compelling evidence that the husband and wife did not or could not have sexual intercourse.

Evidence Required to Rebut the Presumption of Legitimacy of a Child Born During Marriage

Under Section 165 of the Evidence Act, 2010, the presumption that a child born during a marriage is legitimate can only be rebutted by strong, clear, and conclusive evidence. This high standard of proof requires evidence that leads to an irresistible conclusion that the child is not the biological offspring of the husband.

To rebut this presumption, mere suspicions or circumstances casting doubt are insufficient. The evidence must show either:

1. Proof of non-access—demonstrating that it was physically impossible for the husband to have had sexual relations with the wife during the time of conception, perhaps due to illness or impotence.
2. Total separation—indicating that the couple had no opportunity for sexual contact.

The standard of proof in such cases is higher than the typical balance of probabilities, which would not suffice. For example, while evidence of the wife's infidelity might cast doubt on paternity, it does not meet the required standard without additional proof that access to sexual relations was impossible²

Conclusion

Proving paternity without a DNA test in Nigeria involves a blend of customary practices and modern legal principles. While DNA testing remains the most scientifically accurate method, Nigerian law provides various alternative methods that hold substantial legal weight.

If you have questions about how to prove paternity without a DNA test in Nigeria or need guidance on family and property law matters in Nigeria, feel free to contact Ebelechukwu Law Firm for expert legal advice tailored to your specific situation. We are here to help you navigate these complexities with confidence.

Footnotes

1. (1992) 9NWLR (Part 265)335

2. Oduche vs Oduche (2006) 5 NWLR (Part 972) 102

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.