Cultural Contextualization of Paternity Disputes Resolution in Nigeria: Integrating Traditional and Modern Approaches
Keywords:
Cultural contextualization, paternity disputes, family mediation, traditional and modern approaches, disputes resolutionAbstract
This study explores the synthesis of traditional and modern methods, highlighting potential benefits of integrating cultural practices with legal frameworks in paternity disputes resolution in Nigeria. The specific objectives were to investigate traditional approaches to paternity dispute resolution in Nigerian cultures, analyse the strengths and limitations of modern approaches to paternity dispute resolution in Nigeria, explore the potential for integrating traditional and modern approaches to paternity dispute resolution, identify the challenges and opportunities for implementing culturally contextualized paternity dispute resolution mechanisms in Nigeria and, propose recommendations for effective paternity dispute resolution strategies in Nigeria. The theoretical framework for this study is the Social exchange theory (SET). The study embraced the qualitative designed approach as it focused on analyzing secondary data sourced from articles, journals, documents and relevant texts. The study findings revealed that by adopting a culturally sensitive approach, the model aims to enhance access to justice, promote sustainable resolutions, and prioritize the well-being of the children and families. The study has implications for policy and practice, contributing to the development of more effective and culturally responsive dispute resolution mechanism in Nigeria that is indigenous and not foreign.
References
[1] S. A. Adekunle and D. A. Azeezat, “Legal and institutional frameworks for effective application of ADR in marital disputes,” Fountain University Law Journal, vol. 2, no. 4, pp. 69–80, 2025.
[2] O. A. Adeyemi, “Integrating traditional and modern approaches to paternity dispute resolution in Nigeria,” in Proceedings of the Nigeria Bar Association Annual Conference, 2020, pp. 123–140.
[3] S. C. Agbakwa, Family Law in Nigeria. Lagos, Nigeria: University of Lagos Press, 2019.
[4] J. A. Ajonumah and O. Dublic-Green, “Paternity, illegitimacy and customary acknowledgment in Nigeria: A re-evaluation,” International Journal of Business and Law Research, vol. 7, no. 2, pp. 112–119, 2019.
[5] A. I. Ebimiebo and P. Enock-Etimighan, “Paternity dispute resolution mechanism among Izon people of Niger Delta, Nigeria,” NOUN International Journal of Peace Studies and Conflict Resolution, vol. 4, no. 2, pp. 263–275, 2024.
[6] A. Erdmann, “Paternity and family law in Africa: A comparative study,” Journal of African Law, vol. 6, no. 1, pp. 1–20, 2017.
[7] C. U. Ewelukwa, Nigerian Family Law. Abuja, Nigeria: University of Abuja Press, 2017.
[8] O. I. Fawole, “Alternative dispute resolution and access to justice in Nigeria,” Journal of Law and Conflict Resolution, vol. 10, no. 1, pp. 1–13, 2018.
[9] C. A. Ikegbo, “Ethics of African-Igbo paternity in the wake of DNA politics,” NJIKO: A Multi-Disciplinary Journal of Humanities, Law, Education and Social Sciences, vol. 2, no. 1, pp. 14–24, 2024.
[10] H. H. Irving and M. Benjamin, “Shared parenting: A Canadian study,” Journal of Divorce and Remarriage, vol. 37, no. 2, pp. 1–18, 2002.
[11] J. B. Kelly and R. E. Emery, “Children’s adjustment following divorce: Risk and resilience perspective,” Family Relations, vol. 52, no. 4, pp. 352–362, 2003.
[12] B. Mandabva, “Cultural panorama: Social implications of paternity tests,” The Standards, 2021. [Online]. Available: https://www.newsday.co.zw/
[13] J. E. McIntosh, “Family mediation: Contemporary issues and practice,” Journal of Family Studies, vol. 12, no. 2, pp. 149–163, 2003.
[14] Nigerian Law Reform Commission, Report on Family Law Reform in Nigeria. Abuja, Nigeria: NLRC, 2019.
[15] Nigerian Law Reform Commission, Paternity Disputes and Inheritance Rights in Nigeria. Abuja, Nigeria: NLRC, 2020.
[16] C. Nwankwo, “Paternity disputes in Nigeria: A comparative analysis of traditional and modern approaches,” Ph.D. dissertation, Univ. of Lagos, Lagos, Nigeria, 2020.
[17] C. M. Nweke, “Traditional dispute resolution mechanisms in Igbo culture: A critical analysis,” International Journal of Humanities and Social Sciences, vol. 7, no. 3, pp. 1–9, 2017.
[18] O. Ojo, “Customary law and family relation in Nigeria,” Journal of African Studies, vol. 43, no. 2, pp. 145–162, 2016.
[19] E. Ojukwu, Mediation and Alternative Dispute Resolution in Nigeria. Ibadan, Nigeria: Malthouse Press, 2018.
[20] G. O. Okereke, “Traditional approaches to paternity dispute resolution in Nigeria: A study of Igbo customary law,” Journal of African Law, vol. 63, no. 1, pp. 45–62, 2019.
[21] G. O. Okereke, “Cultural contextualization of paternity disputes resolution in Nigeria: Challenges and opportunities,” in Proceedings of the International Conference on Law and Culture, 2020, pp. 56–70.
[22] C. Okereke, “Paternity disputes and child maintenance in Igboland: A critical examination of customary and statutory laws,” Journal of Law and Practices, vol. 10, no. 1, pp. 1–16, 2018.
[23] E. Okonkwo, “The impact of DNA testing on paternity disputes in Nigeria,” M.Sc. thesis, Univ. of Nigeria, Nsukka, Nigeria, 2019.
[24] C. Okonkwo, “Customary law and family dispute resolution in Igboland, Nigeria,” Journal of African Law, vol. 62, no. 1, pp. 121–143, 2018.
[25] V. E. Okonta, “Customary law and family dispute resolution in Nigeria,” African Journal of Criminology and Justice Studies, vol. 12, no. 1, pp. 1–16, 2019.
[26] P. Parkinson, Family Law and the Indissolubility of Parenthood. Cambridge, U.K.: Cambridge University Press, 2011.
[27] A. B. Rahim and I. Abeebllahi, “Marital infidelity and paternity dispute in Nigeria: An Islamic perspective,” Al-Hikmah International Journal for Islamic Studies and Human Sciences, vol. 5, no. 5, pp. 1–16, 2022.
[28] B. Z. Tamanaha, “Understanding legal pluralism: Past to present, local to global,” Sydney Law Review, vol. 30, no. 3, pp. 375–413, 2008.
[29] J. M. Ubink, “Traditional authority and customary law in modern Africa,” Journal of Legal Pluralism and Unofficial Law, vol. 48, no. 2, pp. 157–174, 2016.
[30] P. C. Uchendu, “The Igbo traditional justice system: A study of conflict resolution in southeastern Nigeria,” Journal of Conflictology, vol. 6, no. 1, pp. 1–12, 2015.
[31] P. U. Uhuo, “Child ownership under Igbo customary law: Resolving the paternity conundrum,” Abakaliki Bar Journal, vol. 3, no. 1, pp. 26–35, 2025.
[32] E. N. Udoh, “The role of DNA testing in paternity disputes in Nigeria: Legal and social implications,” Nigerian Journal of Law and Social Sciences, vol. 5, no. 1, pp. 34–48, 2018.
[33] UNICEF, Child Rights Act and Paternity Disputes in Nigeria. New York, NY, USA: UNICEF, 2019.
