By Dr. Monday O. Ubani, SAN
Introduction
Recent discussions in the public space, following the reference by the adopted son of our respected brother, Obi Cubana, to himself as “next of kin,” have generated widespread debate and misunderstanding.
It has become necessary to clarify the true meaning, legal position, and implications of the term “next of kin” under Nigerian law. While an adopted child enjoys full rights equivalent to a biological child within a family, the term “next of kin” carries a far more limited and technical meaning.
This write-up seeks to enlighten the public accordingly.
1. Meaning of “Next of Kin” in Nigeria
Under Nigerian law, the next of kin is primarily a contact person, and his or her role includes:
Being notified in cases of emergency.
Being consulted regarding funeral or burial arrangements.
Having the priority to apply for letters of administration if the deceased dies without a Will (intestate).
Critically, being named a next of kin does not confer any automatic right of inheritance. It simply grants some priority in administration, particularly where the deceased left no formal testamentary instructions.
2. Where the Deceased Left a Valid Will (Testate Succession)
If the deceased made a Will:
The property is distributed strictly according to the provisions of the Will.
The deceased may bequeath assets to anyone of choice, spouse, child, friend, religious body, etc.
A next of kin not mentioned in the Will has no right to inherit simply because of the “next of kin” status.
If dissatisfied, the next of kin can only challenge the Will on narrow legal grounds such as undue influence, fraud, or lack of testamentary capacity, not merely because they are the next of kin.
Relevant Laws:
Wills Law of various States (e.g., Lagos State Wills Law, 2004).
Wills Act of 1837 (received English law applicable in some states).
3. Where the Deceased Died Without a Will (Intestate Succession)
Where there is no Will, the rules of intestate succession apply, depending on the deceased’s background and marital system:
(a) Under Statutory Law (Administration of Estates Law)
Typically applies to those married under the Marriage Act (Statutory Marriage) and Christians.
Inheritance is ordered as follows:
1. Spouse and children first.
2. Parents, if no spouse or children.
3. Siblings, if no parents.
4. More distant relatives.
Thus, a next of kin who is a spouse, child, or parent can inherit.
If the next of kin is just a cousin, friend, or distant relative, they may inherit only if closer relatives are absent.
Example:
Under the Lagos State Administration of Estates Law, the spouse is entitled to one-third of the estate, while the children share the remainder equally.
(b) Under Customary Law
Customary rules vary across Nigeria:
In many Igbo communities, the eldest son (Okpala) traditionally inherits the ancestral home (Obu).
Widows often have limited rights to occupy but not own real property.
Other children share movable assets.
Extended family (Umunna) may intervene if the deceased had no surviving spouse or children.
Judicial Caution: Courts have increasingly rejected customs that discriminate against widows and daughters, as seen in cases like:
Mojekwu v. Mojekwu (1997).
(c) Under Islamic (Sharia) Law
For Muslims, Islamic law (Faraid) governs succession:
Shares are fixed by the Qur’an.
Specific portions are allotted to spouses, children, parents, and siblings.
A next of kin must be within the class of Qur’anic heirs to inherit.
4. Key Nigerian Cases on Inheritance Rights
Mojekwu v. Mojekwu (1997) 7 NWLR (Pt. 512) 283:
The Court condemned discriminatory customary practices that favored only male heirs.
Ukeje v. Ukeje (2014) 11 NWLR (Pt. 1418) 384:
The Supreme Court upheld that female children are entitled to inherit under Igbo customary law.
Okonkwo v. Okagbue (1994) 9 NWLR (Pt. 368) 301:
Addressed intestate succession and customary practices.
Conclusion
In summary, under Nigerian law:
Being next of kin does not make you an automatic heir to the deceased’s estate.
It grants no proprietary right, only a priority in administration if intestate.
Inheritance rights depend either on the provisions of a valid Will or on the applicable laws governing intestate succession, statutory, customary, or Islamic.
It is essential for every citizen to understand this distinction to avoid misconceptions.
When in doubt about your rights or obligations, consult a qualified lawyer.
Ubani, former Second Vice- President of the Nigerian Bar Association (NBA) writes from Abuja
