October 27, 2025

HOW TO OBTAIN LEGAL GUARDIANSHIP IN NIGERIA: WHAT YOU NEED TO KNOW

by Ekosolicitors

INTRODUCTION

Understanding how to obtain legal guardianship begins with knowing what legal guardianship means. It is a process whereby the court appoints a guardian on behalf of a minor in place of the parents. A guardian is one who has legal authority and a duty to care for another person due to certain reasons. These reasons may be general or specific, depending on the infancy, incapacity, or disability of the other person.

Guardianship differs from adoption in that adoption permanently transfers parental rights to the guardian. The appointment of a guardian is done in protection of the best interest of the child. The statutory framework is found in the Guardianship of Infants Act (1964) and the Child’s Rights Act (2003).

TYPES OF GUARDIANSHIP

Testamentary Guardianship: This is governed by Section 83 of the Child Rights Act 2003. A parent has the power to appoint a guardian for their child before their death. A testamentary guardian may be appointed through a will or by deed. The appointment comes into play upon the death of the parent, and it is in the best interest of the child. The court may revoke such an appointment where it is found contrary to the best interest of the child.
Statutory Guardianship: Section 84 of the Child Rights Act makes provision for statutory guardianship. It is also known as court-appointed guardianship. The High Court and Family court have the powers to appoint, revoke or vary guardianship. The foundation of guardianship rests on the best interest of the child. Hence, the court may refuse to grant guardianship if the guardian is unfit to act in the best interest of the child. The court also has the discretion to appoint a guardian on behalf of the child where the parents failed to.
Guardians ad litem: This guardian is appointed for litigation purposes to represent the child’s interests in a particular suit. It is important that he interests of the guardian do not conflict with the interests of the infant. This role does not always confer ongoing parental responsibility beyond the proceedings.

WHO CAN APPLY TO OBTAIN LEGAL GUARDIANSHIP?

Under Nigerian family law, any person with a legitimate interest in the welfare of a child may apply to obtain legal guardianship. Originally, biological and surviving parents have natural right to guardianship. However, where they are deceased or unfit to care for the child, the court may appoint another suitable person. Such persons include relatives, family friends or non-relatives who care about the best interest of the child. It was held in Okobi v Okobi that guardianship is granted to who can best ensure the child’s proper upbringing.

RIGHTS & DUTIES OF A LEGAL GUARDIAN

A legal guardian is vested with rights and responsibilities to ensure the welfare and best interest of the child. A guardian has the right to custody, services, chastisement and control of the ward. They also manage the property of the ward, ensuring that it is used solely for the child’s benefit. Guardians also represent the ward in legal proceedings regarding the child’s welfare. Furthermore, guardians must always act in the child’s bestinterest, providing safety, shelter, and protecting the child’s welfare and rights.

FIRST STEPS TO OBTAIN LEGAL GUARDIANSHIP

To obtain legal guardianship in Nigeria involves a process governed by the Guardianship of Infants Act and the Child Rights Act. The objective of this process is to ensure the guardian is suitable and it serves the best interest of the child. The process involves:

Eligibility Evaluation: An intending guardian must be a person of sound mind. The court must believe that they are fit to take care of the child. The court considers the financial stability, physical and mental fitness, moral character and living condition of the intending guardian.
Preliminary Preparations: The applicant in making preparation should first and foremost, consult a lawyer. Before filing an application, it is important to gather necessary documents. These documents include: the child’s birth certificate, evidence of relationship, and proof of financial capacity.
Filing an application: This process commences by the proper filing of an originating summons at the Family court. You have to support the application with certain documents, which include: an affidavit containing the circumstances of the child; reason for seeking guardianship and the applicant’s financial sustainability; birth certificates of the applicant and child; and identification of the applicant’s documents.

FURTHER STEPS

After the steps in the preceding subheading, the next steps in the process include the following:

Service on Interested Parties: Upon filing, the court orders the notice to be served on relevant parties. The parties may be the child’s parents, relatives, or anyone with parental responsibility.
Court Investigation & Welfare Reports: Prior to the grant of guardianship, the court investigates the welfare of the applicant. Home assessment and character evaluation ensure guardianship serves the child’s best interest.
Hearing & Issuance of Guardianship Order: At the hearing, the court examines all documents before it, including testimonies. If the application is successful, the court issues a Guardianship Order. This makes the appointment binding and sets out the rights and responsibilities of the guardian. The order remains effective until the child reaches the age of majority in Nigeria, which is 18.

TERMINATION OF GUARDIANSHIP

It is worth noting that after you obtain legal guardianship, it can still be terminated. It is not permanent and could come to an end under certain circumstances:

Guardianship automatically ends when the child attains the age of 18 or becomes self-sufficient.
The court may revoke a guardianship order where the guardian fails to act in the child’s best interest.
Termination can occur upon death, incapacity, or resignation of the guardian.

FINAL THOUGHTS ON HOW TO OBTAIN LEGAL GUARDIANSHIP

The grant of legal guardianship is designed to protect the welfare of minors and vulnerable persons. It involves adherence to the laid-down steps for filing an application for guardianship. An applicant must prove his/her capability to act in the best interest of the child. The provisions of the Child Rights Act and Guardianship of infant act have aided in the application and grant. This process ensures that only responsible individuals are entrusted with guardianship.