Legal guardianship in Nigeria is one of the quickest ways to ensure care and custody for a child when the parents are not in a position to provide for the child due to financial constraint or any other reason. Legal guardianship entails an arrangement for the care, custody, and welfare of a child under the protection of the law from neglect or exploitation.

While this is true, these laws that mainly deal with the protection and care of children, of which include the Child’s Right Law of Lagos State, 2007, Family Court of Lagos State, Civil Procedure Rules, have provisions that protect the life and well-being of a child. For this, no one can lawfully be allowed to take custody of a child without a proper application by an interested guardian and such an application granted by the authorities concerned. The lack of this will amount to a criminal offense.

The Family member, Grandparent, or step-parent may provide legal guardianship. A representative from the government or a family member unrelated to the child may be applied to a full parental legal guardian in the event of the inability or unavailability of the biological parents.

Matters of legal guardianship fall squarely within the purview of Nigerian courts in specially designated Family Courts. In some instances, such as when the child is a ward of the government or orphanage, the Ministry of Youth and Social Development may be involved, but the oversight is basically with the court.

In Lagos State, the application is commenced through an Originating Motion filed at the High Court or the Magistrate Court, providing all details of the applicant and the child and every party that may have an interest in the matter.

1. Relief and Remedy Sought: It shall clearly state the kind of guardianship and care sought by the applicant.

2. Applicant’s Information: Full name, address, phone number, and email.

3. Respondent’s Information: Where applicable, the information of any party likely to oppose an application.

4. Legal Practitioner’s Information: Contact details of the attorney making the application.

5. Evidence of Applicant’s Fitness: The supporting documents proving the applicant’s capability to take care of the child.

• Statement of Case: The document stating the applicant, the respondent-if any-, the grounds of relief, and the facts on which the request is based.

•     Affidavit of Facts: A summarized statement of case and attaches required documents, such as:

•     Death certificates, in case the parents are deceased.

•     Applicant’s medical fitness report.

•     Evidence of financial capability, with or without attaching photographs of applicant’s residence.

•     Statement of Arrangements for the Child: States the future plans and provisions of care.

•     Statement of Truth: A declaration that certifies the truth of the information provided.

The general guard capital following documents with a guardianship application are:

1. International passport data page of the applicant

2. Birth certificate of the applicant

3. Birth certificate of the  children to be adopted

4. Marriage certificate, if applicable

5. Proof of the payment of the child’s tuition fees, if any

6. Death certificate of the child’s parent(s), if any

7. Mutual consent between applicant and respondent, if possible

8. Applicant’s medical fitness certificate

9. Applicant’s employment contract, if applicable

10. Photographs of applicant’s home

Normally, legal guardianship ceases at the age of 18 years attained by the child. When the guardian is needed to take the child outside Nigeria, this needs to be stated upon making the initial application. A court is empowered to reject the guardianship applicant if such an applicant cannot serve the best interest of the child or where the applicant has a conflicting interest and cannot pay the cost of the proceedings.

Where the court is satisfied that the applicant would be in a position to discharge responsibility towards meeting the needs of the child and protecting the child’s welfare, the court may appoint a guardian.