Mohbad's Son: Lawyer Explains Why DNA Cannot Determine Paternity Under Nigerian Law
- A Nigerian lawyer known as Lawcapitol broke down what the law actually says about proving paternity amid the ongoing Mohbad family court saga
- The lawyer revealed that DNA is not recognised as a primary legal method for establishing paternity under Nigerian law, citing the Evidence Act
- His explanation sparked fierce debate online, with many questioning whether the law still reflects modern realities around fatherhood and biology
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A lawyer has stirred strong reactions online after explaining that DNA testing holds limited legal weight in determining whether a child is the biological son or daughter of a man under Nigerian law.
The video, posted on Thursday, 20 August 2026 by an Instagram account, was made in reference to ongoing court proceedings surrounding the late singer Mohbad's estate, specifically the question of whether his son is legally recognised as his heir.
Source: Instagram
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What Nigerian law says on paternity
According to the lawyer, Nigerian law leans on presumption rather than science when determining paternity. Under Section 165 of the Evidence Act, any child born during the course of a marriage is automatically presumed to be the husband's child. Even after a marriage is dissolved, a child born within 280 days of the dissolution is still presumed to be fathered by the former husband.
The lawyer further explained that customary law plays a significant role. Under Yoruba custom, the Supreme Court has held that a man who publicly acknowledges a pregnancy, conducts a naming ceremony, or allows a child to bear his surname will be legally presumed to be that child's father, regardless of what a DNA test might show.
Source: Instagram
The Igbo custom, he added, ties paternity primarily to the payment of bride price, meaning every child born to a woman whose bride price has been paid is presumed to belong to that man, whether born within or outside the marriage.
"DNA is only foreign to our laws," the lawyer stated plainly, adding that where DNA is admitted in court, it is treated as secondary evidence, not the primary determinant.
Here is the Instagram video of the lawyer speaking about DNA and how it determines the paternity of a child:
Reactions to the legal breakdown
The video drew a wave of responses from viewers, many of whom pushed back on the legal position:
@torytime.5k wrote:
"Learned senior counsel I think our laws need to be reviewed on this as our societal norms have changed because what happens where the man later finds out the child is not biologically him as has been the trend of late"
@big_fundzgram commented:
"Mohbad also has doubts about the child and this could even be the reason they kpaid him."
@emmanuelamos225 said:
"They were not legally married. DNA must be obtained, thank you my lord"
@chairmantalkanyhow wrote:
"Wumi and Mobhad were never married."
@realkonye reacted:
"Lol mr Lawyer, i have a questiom for u. If this was the case of a rich man, say Adeleke. And he had u as his counsel, will u tell him to his face that recordings of his late son are hear say? Will u tell him to close the case and go home? make una dey fear God abeg"
Mohbad's brother Adura shares cryptic video
Legit.ng had reported that a video of Adura, late Mohbad’s younger brother, singing a cryptic song in Yoruba and Pidgin English surfaced online.
The clip emerged amid renewed public questioning by activist Verydarkman about individuals connected to the singer’s death.
Adura had previously been mentioned by both Yomi Fabiyi and Verydarkman in connection with their separate investigations and inquiries into the circumstances surrounding Mohbad’s passing.
Source: Legit.ng
