International Parental Child Abduction Nigeria
DISCLAIMER: The information on this page relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
JUNE 2010
GENERAL INFORMATION: Nigeria is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between Nigeria and the United States dealing with international parental child abduction. American citizens who travel to Nigeria are subject to the jurisdiction of Nigerian courts, as well as to the country's laws and regulations. American citizens planning a trip to Nigeria with dual national children should bear this in mind.
Generally speaking, statutory and customary law in the southern region of Nigeria dictates that children are under the guardianship of their father. Absent a custody order, the father is given priority. To determine competency in a custody dispute, a court may take into consideration the financial and moral status of both parents, as well as any allegations of criminal behavior. A mother may gain custody of her children if her situation is proven to be more stable and competent than the father’s. This decision is made during a formal court process. Even when the mother’s overall situation is stronger than the father’s, the court may decide that placing the children with the father’s family (usually immediate family such as parents or siblings) is a more appropriate application of the law and in the children’s best interests.
With respect to children born out of wedlock, the mother has the right to custody under common law and customary law.
Exit visas are not required to leave Nigeria. However, all persons exiting the country must demonstrate their legal status in Nigeria, either residency or a visa, by presenting the same passport they used upon entry.
The State Department’s Office of American Citizens Services and Crisis Management (ACS) posts country specific information
on Nigeria at http://travel.state.gov/
LEGAL SYSTEM: The legal system in Nigeria varies regionally. Shari’a law predominates in the Muslim north while a mixture of statutory and customary law predominates in the southern region. In the predominately Christian south, statutory laws are set by either the individual state or by the federal government. Nigerian customary law will depend on the majority tribe in the region. Even within the tribe, interpretation of customary law may vary.
In Nigeria, the term “access” is used to describe visitation of the noncustodial parent.
RETAINING AN ATTORNEY: Persons who wish to pursue a child custody claim in a Nigerian court may wish to retain an attorney in Nigeria. The U.S.
State Department, the U.S. Embassy in Abuja and the U.S. Consulate General in Lagos maintain a list of attorneys practicing
in the area (http://nigeria.usembassy.gov/
According to Section 46, Part 4(b)(1) of the Nigerian Constitution, all Nigerian citizens are entitled to free legal aid through the Human Rights office in the High Court. They are provided either a lawyer or funding for a lawyer. In addition, the Nigerian Legal Aid Council is located in every state and local government. They can provide free legal assistance. There are many NGOs that can help arrange free or reduced fee legal services. Please see attached list.
CITIZENSHIP & PASSPORT MATTERS: Information about qualifications and procedures for obtaining a Nigerian passport can be found at the Embassy of Nigeria’s
website http://www.nigeriaembassyusa.
Dual nationality is recognized under Nigerian law. Children with at least one Nigerian parent automatically acquire Nigerian citizenship at birth, regardless of where the child was born.
For more information about Nigerian passport information, please visit the website of the Nigerian Embassy in the United States:
http://www.nigeriaembassyusa.
Exit Permits: Exit visas are not required to leave Nigeria. However, all persons exiting the country must exit on the passport that shows proof of the person's legal status in Nigeria, meaning either their residence or entry visa. U.S. citizens cannot legally depart Nigeria unless they can prove, by presenting their entry visas, that they entered Nigeria legally.
MEDIATION: Some State Ministries of Women’s Affairs will provide free mediation services that will result in the creation of a Memorandum of Understanding between the aggrieved parties. In addition, there are free mediation services available at some High Courts, such as the Abuja Multi-Door Courthouse, ADR Center, High Court of FCT, Abuja, Nigeria, 09-670-2432, www.amdcng.org. Also, most villages will provide mediation services by the chief or elders of the village. However, this is not as formalized a process and varies from village to village. There may be costs associated with village mediation. The Office of Children’s Issues, the U.S. Embassy in Abuja, or the U.S. Consulate in Lago can provide more information about previous successful cases that involved mediation.
HAGUE ABDUCTION CONVENTION: Nigeria is not a party to the Hague Abduction Convention.
CIVIL REMEDIES: Generally speaking, the appropriate court to handle a custody dispute depends on whether the parents’ marriage was statutory, customary, or Islamic. Custody decisions for children of parents married under the federal Marriage Act will be issued by a High Court and governed by both Nigerian legislation and English law. Custody decisions for children of parents who entered a customary marriage will be issued by the diverse customs of the geographical region and the customary courts created by statute to enforce customary laws. Custody decisions for children of parents married under Islamic law are governed by Shari’a, which is applied by Shari’a courts. Generally, in the event of a conflict (e.g., where the parents were married twice – first a religious or customary ceremony and then a statutory ceremony) statutory law overrides customary law.
Non-Nigerian nationals resident in Nigeria, regardless of their spouse’s citizenship, may file custody cases in Nigeria. Non-residents of Nigeria may also file custody cases in Nigeria, but may need to authorize a Nigerian resident and/or a lawyer practicing in Nigeria to act on their behalf for the duration of the case. Non-Muslims are also permitted to file cases in Nigeria family courts, under Shari''a law.
Absent a custody order, the father is given priority. In the event that both parents are not Nigerian citizens, the priority will be given to the Nigerian citizen parent.
In determining issues of custody, Nigerian Shari’a courts may take into consideration the parents’ religion, place of permanent residence, income, and the mother's subsequent marital status. Priority is generally given to the Muslim father, irrespective of his nationality, when the mother is a non-Muslim. In general under Shari'a law, a Muslim mother may be granted custody of girls under the age of nine and boys under the age of seven, at which time custody may be transferred to the father. If the court finds the mother "incompetent," custody of a child, regardless of age, can be given to the father, or to the child's grandmother on the father's side. A finding of incompetence is left fully to the discretion of the Shari'a judge. Shari'a courts consistently find parents incompetent if they engage in behavior that is considered to be inconsistent with the Islamic faith. Further, a mother may lose her rights of custody should she remarry. If both the mother and father are ruled incompetent, custody of the children may be given to the child's paternal grandparents.
Custody orders and judgments of foreign courts are not enforceable in Nigeria. Nigerian courts will not enforce U.S. court decrees ordering a parent in Nigeria to pay child support. An American parent with a U.S. court order granting him or her custody can present that order to the court, and the court may take it into consideration, but it will not be binding in a custody proceeding in Nigeria.
In statutory custody cases, “the best interests of the child” is the paramount consideration. Factors used to determine what is in the best interests of the child include character and conduct of the parties, age and sex of the children, financial status, emotional stability, desire to take child outside of Nigeria, education, religious upbringing, sibling placements, and the preference of the child. The marital status of the parents is also a factor; however, a single mother can obtain custody over a remarried father if the mother successfully argues that the children are better off psychologically if placed with her.
Nigeria applies many different laws that cover custody, including:
Shari’a for custody disputes in Islamic courts (not formally codified or available on the internet);
Matrimonial Causes Act (Federal, statutory): http://www.nigeria-law.org/
CRIMINAL REMEDIES: Parental child abduction is a criminal offense in Nigeria under the Criminal Code, Part V, Chapter 32, § 371. (The Criminal
Code Act is available at: http://www.nigeria-law.org/
The United States has an extradition treaty with Nigeria which covers the crime of child stealing (47 Stat. 2122, Art.3, #8). The extradition treaty that binds Nigeria was originally executed with Great Britain.
Nigeria is a member country of Interpol; however, it is not clear whether Nigeria would extradite its own citizens subject to an Interpol arrest notice.
VISITATION / ACCESS RIGHTS: Access rights are determined by the court hearing the marriage dissolution and custody proceeding, and are enforceable under
the Matrimonial Causes Act. Ch.220 § 71(4)(1990) (http://www.nigeria-law.org/
Non-custodial parents are not guaranteed visitation rights, but they are generally granted though the non-custodial parent may have to seek approval from the appropriate authorities.
U.S. Embassy – Abuja
http://nigeria.usembassy.gov/consular_services.html
11 Plot 1075
Diplomatic Drive
Central Business District, Abuja
09-461-4000
U.S. Consulate General Lagos
2, Walter Carrington Crescent
Victoria Island, Lagos
Phone: 01-460-3400
After hours emergency phone number: 01-460-3400
The Embassy of the Federal Republic of Nigeria- http://www.nigeriaembassyusa.
3519 International Court, NW
Washington, DC 20008
Tel: 202-986-8400
Fax: 202-775-1385
Other Government Websites |
