FORENSIC REVIEW OF THE AWARD OF CUSTODY OF THE NIGERIAN CHILD - A GLANCE THROUGH THE BINOCULARS OF NIGERIA'S CHILD'S RIGHTS ACT INTO NIGERIA'S CASELAWS *

Abstract

Custody of the child features prominently in dissolution of marriage or separation, for in these circumstances the parents live apart, and almost always contest the custody of the child of the marriage. The Child's Rights Act has provided for custody in these circumstances and additionally provided for custody of child in circumstances of a child who was bom out of wedlock or has been abandoned or deserted. The provisions in the Act on custody of the child provided for best interest of the child as what the court shall consider, just as provided in State Laws on Child's Rights and the Matrimonial Causes Act. The court that considers the best interest of the child has no closed catalogue ofwhat constitutes the best interest of the child but has the elastic formular that what constitutes the best interest of the child depends on the peculiar facts of each case. This paper finds the provisions of the Act and the attitude of the court commendable and so concludes. Rather than wrap up with recommendation, this paper wrapped up with commendation.