October 16, 2025

GUARDIANSHIP IN NIGERIAN FAMILY LAW: ULTIMATE GUIDE YOU NEED TO KNOW

by Ekosolicitors

INTRODUCTION TO GUARDIANSHIP IN NIGERIAN FAMILY

Under Nigerian family law, guardianship is a relevant aspect. It is concerned with the welfare, care, custody, control, and management of the person and property of another. The concept of guardianship is anchored on the principle of “the best interest of the child.” Legal guardianship safeguards the child when natural parents are incapable of exercising parental rights. It is a formal arrangement where a guardian is appointed to assume responsibility for a child’s welfare before 18 years.

THE CONCEPT OF GUARDIANSHIP

Guardianship is the legal authority granted to a person to care for and make decisions on behalf of another. It confers both rights and duties ranging from physical custody to moral and financial responsibility. A guardian is a person who has a legal authority and duty to care for another person or property. He/she could be appointed due to the infancy, incapacity or disability of another person. Under Nigerian law, a child is a person below the age of 18 years (Section 277, Child’s Rights Act 2003). Hence, guardianship ensures the child’s proper upbringing and protection when parents are absent, deceased, or incapacitated.

THE LEGAL FRAMEWORK FOR GUARDIANSHIP

There are series of laws governing the principle of guardianship in Nigeria. These laws are a combination of federal, state, customary and Islamic laws. They establish the principle that the child’s best interests are paramount in all actions concerning the child. They include:

The Child’s Rights Act (CRA) 2003: This is the most comprehensive legislation which is applied on the Federal level. The CRA dedicates Part IX (Sections 82-88) specifically to guardianship, establishing the consideration of the child’s best interests in matters concerning them. Section 82 confers upon an appointed guardian the full parental responsibility for the child.
Matrimonial Causes Act (MCA) 1970: This law is applicable to statutory marriages. Section 71(1) empowers the court to make custody and guardianship orders, prioritizing the child’s welfare, advancement, and education.
State-Specific Laws: States that have domesticated the CRA have their own Child Rights Laws (e.g. Child’s Rights Law of Lagos State, 2007) and procedural rules. Procedural rules include the Family Court Rules, which dictate the process for guardianship applications
Guardianship of Infants Act (Cap G5, LFN 2004): Although the CRA is now the main statute, this pre-existing law is sometimes referenced in non CRA jurisdictions.
Customary and Islamic Law: Customary rules differ across ethnic groups but generally prioritize family lineage. In Islamic law, guardianship (wilayah or hadanah) is guided by the Sharia.

THE APPOINTMENT AND TERMINATION OF GUARDIANSHIP

A guardian may be appointed by will (testamentary guardianship) by a parent. This method is recognized by the CRA and the Guardianship of Infants Act. The High Court may also appoint a guardian in the child’s best interests. The court considers factors such as the guardian’s character and ability to provide care before granting the order. In non-statutory marriages, appointment follows custom or religious practice. Guardianship, however, is not permanent and automatically ends when the child turns 18. A court can revoke the order upon application by a parent or the child. Revocation may also occur through family proceedings or an appropriate authority. (Section 86 CRA)

RIGHTS AND RESPONSIBILITIES OF A LEGAL GUARDIAN

The guardian assumes moral and legal obligations such as ensuring the child’s upbringing, education, healthcare, property, and best interest. The responsibilities of a legal intern include:

Welfare and Care of the child: The core duty is to provide for the child’s physical, emotional, and psychological well-being, including food, shelter, and a safe environment. In Williams v. Williams, the Court reaffirmed the child’s welfare as the overriding consideration in guardianship and custody matters. Similarly, in Olowu v. Olowu, the Court emphasized that guardianship is not about parental right but about child protection.
Education and Healthcare: The guardian has the legal duty and authority to make critical decisions regarding the child’s education, medical treatment, and religious upbringing.
Management of Estate (Guardianship of the Estate): A guardian may be appointed to manage any property or financial assets belonging to the child until they attain majority. Section 87 of the Child’s Rights Act addresses the guardian’s power over the child’s estate.
Accountability: The guardian, as a court officer, is accountable for the care and management of the child and their property. The court has the power to supervise the guardianship and may require periodic reports.

GUARDIANSHIP VS ADOPTION

Guardianship, most times tends to be confused with adoption. They both involve the care and protection of children but differ in nature. Guardianship is a temporary arrangement where a person appointed by the court assumes responsibility for a child. The guardian acts in the best interest of the child but doesn’t become the child’s legal parents.

It is provided for under Section 82 – 96 of the child’s rights act 2003. Adoption on the other hand is a permanent legal process. Adoption involves transferring all the rights and obligations from the biological parents to the adoptive parents. Upon adoption, the child assumes the surname, status and inheritance rights of the adoptive family. Adoption is governed under Section 125 – 148 of the Child’s Rights Act 2003.

CONCLUSION TO GUARDIANSHIP IN NIGERIAN FAMILY.

Guardianship remains a bedrock of child protection in Nigerian family law. It ensures that every child irrespective of parental circumstance receives care, guidance, and protection consistent with their best interests. Though, not as permanent as adoption, guardianship provides stability and continuity in a child’s upbringing. It ultimately reinforces the duty of the society to preserve the entitlement of a child to love, care and protection.

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