Procedure For A Legal Guardianship In Lagos Nigeria

Legal guardianship is a formal legal arrangement in which an individual (the guardian) is appointed to care for and make decisions on behalf of another person (the ward), typically a minor or an incapacitated adult. In Lagos State, this process is governed by the Child Rights Law of Lagos State for minors and other relevant statutory laws for incapacitated adults. Below is a detailed explanation of the legal procedure for securing an order of guardianship in Lagos courts.

1. Understanding Legal Guardianship

Guardianship can be classified into two major types:

1. Guardianship for Minors: This applies to children under 18 years who have no parents or whose parents are unable to care for them.
2. Guardianship for Incapacitated Adults: This involves adults who are unable to make decisions due to mental or physical incapacity.

The procedure for guardianship in Lagos typically involves court intervention to ensure that the appointed guardian acts in the ward's best interest.

2. Legal Framework Governing Guardianship in Lagos

Key legal instruments include:

1. The Child Rights Law of Lagos State (2007) which aligns with the Federal Child Rights Act (2003).
2. The High Court of Lagos State (Civil Procedure) Rules.
3. The Guardianship of Infants Act (Cap G3, Laws of the Federation of Nigeria 2004) for minors.
4. The Mental Health Act (2021) for adults with mental health challenges.

3. Eligibility for Guardianship

To be eligible for guardianship, the individual must:

• Be an adult of sound mind.
• Have a genuine interest in the welfare of the ward.
• Be capable of providing the necessary care, support, and supervision.
• Have no record of abuse or neglect.

The court scrutinizes applications to ensure the applicant's suitability.

4. Procedure for Legal Guardianship in Lagos

Step 1: Assessing the Need for Guardianship

The need for guardianship arises when:

• A minor is orphaned or abandoned.
• A minor's parents are incapable of caring for the child due to incarceration, illness, or other reasons.
• An adult is unable to make decisions due to mental or physical incapacity.

In some cases, family members, social welfare agencies, or other interested parties may initiate the process.

Step 2: Filing an Application in Court

The process officially begins with an application to the Family Division of the Lagos State High Court or Magistrate Court. The applicant (potential guardian) files:

1. An Originating Motion detailing:
2. • The applicant's relationship to the ward.
   • Reasons for seeking guardianship.
   • The proposed plan for the ward's welfare.
3. Supporting Documents, including:
4. • Evidence of the applicant's identity (e.g., passport or driver's license).
   • The ward's birth certificate or other proof of identity.
   • Parents' addresses (if applicable)
   • Evidence of the parent's death (if applicable) or a court declaration of abandonment.
   • Medical reports (if the ward is incapacitated).
   • Financial records to demonstrate the guardian's capacity to care for the ward.
   • A letter of consent from close family members (where applicable).

Step 3: Notification to Interested Parties

The court requires that the following interested parties be notified as it may be applicable in each case:

• Relatives of the ward.
• Biological parents (if alive but incapacitated or absent).
• Relevant government agencies like the Lagos State Ministry of Youth and Social Development. This ensures transparency and allows objections to be raised.

Step 4: Social Welfare Investigation

The Lagos State Ministry of Youth and Social Development often plays a critical role in guardianship cases. A social worker may be assigned to:

1. Investigate the applicant's background.
2. Assess the suitability of the applicant's home environment.
3. Interview the ward (if appropriate).
4. Submit a Social Inquiry Report with findings and recommendations to the court.

Step 5: Court Hearing

At the hearing, the court evaluates:

• The merits of the application.
• The welfare of the ward as the paramount consideration.
• Objections raised by any party.

If the ward is a minor above a certain age (usually 12), the court may consider their preferences.

Step 6: Issuance of Guardianship Order

If the court is satisfied with the evidence presented, it issues a Guardianship Order, specifying:

1. The rights of guardianship, which may include the right to have physical custody of the child and travel outside the country with the child if required.
2. The responsibilities of the guardian may include maintaining and enrolling the child in school.
3. The duration of the guardianship (e.g., until the minor reaches adulthood or until the adult regains capacity).
4. Any other conditions the court deems fit may be imposed, too.

The guardian assumes legal responsibility for the ward upon issuance of the order. An order of guardianship will not have effect except with the consent of the applicant.

5. Post-Guardianship Responsibilities

Guardians have ongoing responsibilities, which include:

1. Providing adequate care, education, and medical attention for the ward.
2. Managing the ward's property or finances responsibly (if applicable).
3. Submitting regular progress reports to the court or social welfare agencies where applicable.

6. Revocation of Guardianship

According to Section 78 of the Child's Right Law of Lagos State, an order of guardianship may be revoked in any of the following circumstances:

1. On the application of a natural parent or any person who has parental responsibility for the child.
2. On the application of the child concerned, with leave of the Court,
3. In any family proceedings, if the Court considers that it should be brought to an end, notwithstanding that no application has been made or
4. On the application of an appropriate authority.

The revocation process involves filing an application with the court supported by evidence.

7. Challenges in Guardianship Proceedings

Legal guardianship in Lagos may face challenges, such as:

• Lengthy court processes: Cases may take time due to procedural requirements. The average period it takes to obtain a guardianship order is between six to nine months.
• Family disputes: Relatives may contest the appointment of a particular guardian.
• Financial burdens: The costs of legal representation and documentation can be significant.

To mitigate these challenges, applicants are encouraged to seek legal advice before commencement.

8. Role of Lawyers and Social Welfare Agencies

Lawyers and social welfare agencies are integral to the guardianship process:

1. Lawyers: Provide legal representation, ensure proper documentation, and advocate for the applicant's interests.
2. Social Welfare Agencies: Conduct investigations, monitor guardians, and ensure the ward's welfare is prioritized.

Conclusion

Legal guardianship in Lagos State is a structured process designed to protect vulnerable individuals, especially children below 18 years of age. While the procedure may appear complex, it ensures that the welfare of the ward remains the central focus. Applicants must adhere to legal requirements, collaborate with social welfare agencies, and prioritize the child's best interests at all times. Seeking professional guidance from legal practitioners is crucial for a successful outcome.