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Nigeria Elder Law Legal Questions answered by Lawyers

Browse our 2 legal questions about Elder Law in Nigeria and the lawyer answers, or ask your own questions for free.

Inherited land
Estate Planning Probate Elder Law Will & Testament
My elder brother sold our late father's land without telling me. We are the only two surviving sons.We live in our father's compound. He is married with two kids. I'm not married. Should I arrest him or the buyer? how do I get justice
Lawyer answer by Recososa Law Firm

Hello: In a situation like yours, under Philippine law, the land left behind by your father forms part of his estate. As heirs, you and your brother have what we call co-ownership under the Civil Code of the Philippines. This...

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1 answer
Family law - Inheritance
Elder Law Trusts Will & Testament
What is the situation in Nigeria when a brother refuses to share their father's property with a sister just because she is s woman? They are from Imo state
Lawyer answer by NARAG LAW OFFICE

For all your legal needs, you can rely on us as your comprehensive legal partner. We specialize in corporate law, offering services such as contract drafting, business formation, and legal counsel for corporate transactions. In the realm of criminal law,...

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About Elder Law Law in Jikoyi, Nigeria

Elder Law in Jikoyi refers to the body of Nigerian federal, FCT, and local customary or Islamic rules that affect older adults, typically those 60 years and above. Jikoyi is a community within the Abuja Municipal Area Council in the Federal Capital Territory, so most elder issues here are governed by federal statutes, the laws and courts of the FCT, and where applicable, customary law or Islamic personal law. Common Elder Law topics include planning for healthcare and property, making or updating wills, probate and inheritance, pensions and retirement benefits, housing and land titling, combating elder abuse and neglect, and securing access to social services.

There is no single Elder Law code in Nigeria. Instead, a mix of laws applies. Key areas include violence and protection laws in the FCT, pension and health insurance frameworks, land and property rules under the Land Use Act, wills and probate procedures under received and local laws, and dispute resolution in High Courts, Customary Courts, and Sharia Courts for Islamic personal law matters.

Why You May Need a Lawyer

Estate planning and wills. A lawyer can help you make a valid will that reflects your wishes, aligns with your faith or custom where appropriate, and minimizes disputes. Proper drafting and safekeeping reduce the risk of challenges after death.

Probate and inheritance. After a death, families often need help obtaining a Grant of Probate or Letters of Administration at the High Court of the FCT. A lawyer can guide you through timelines, required documents, and how customary or Islamic rules may affect distribution.

Land and housing. Older adults in Jikoyi may need to regularize titles, obtain a Certificate of Occupancy for FCT land, or resolve boundary and family land disputes. Legal assistance can prevent fraud and ensure transactions receive proper FCT authority consent.

Health care decision-making. Nigeria does not have a single nationwide advanced directive regime. A lawyer can prepare powers of attorney for financial and property matters, healthcare instructions, and related documents that reflect your wishes and can be recognized by hospitals and family. Counsel can also advise on court options if a person lacks capacity and no prior arrangements exist.

Protection from abuse or exploitation. If an elder is facing physical, emotional, sexual, or economic abuse, abandonment, or neglect, a lawyer can help obtain protection under the Violence Against Persons Prohibition framework in the FCT, engage social services, and coordinate with police.

Pensions and retirement benefits. Legal help is useful when navigating the Contributory Pension Scheme under the Pension Reform Act, resolving remittance gaps with Pension Fund Administrators, or addressing legacy federal pension issues managed through transitional arrangements.

Family support and care arrangements. Lawyers help set up family agreements, trusts, or structured support plans for caregiving, housing, and expenses, and can address disputes among relatives or caregivers.

Consumer and financial safety. Older adults are targeted by scams and undue influence. A lawyer can review transactions, set up safeguards, engage banks, and escalate matters to enforcement agencies where needed.

Local Laws Overview

Violence Against Persons Prohibition Act 2015. Applies in the FCT, including Jikoyi. It criminalizes physical, emotional, verbal, economic, and psychological abuse, harmful traditional practices, and abandonment of dependants. It supports protection orders and victim assistance through FCT courts and social services.

Penal Code. The FCT follows the Penal Code tradition for crimes such as assault, intimidation, theft, and criminal breach of trust, which may arise in elder exploitation cases.

Pension Reform Act 2014. Establishes the Contributory Pension Scheme regulated by the National Pension Commission PenCom. It governs Retirement Savings Accounts, annuities, programmed withdrawals, and survivor benefits. Legacy federal pension matters are handled through transitional institutions that liaise with PenCom and relevant MDAs.

National Health Act 2014 and National Health Insurance Authority Act 2022. The National Health Act sets out patient rights, consent, and standards for healthcare delivery. The NHIA Act provides the framework for health insurance and expanding coverage, including plans that elders in the FCT may access through accredited Health Maintenance Organizations.

National Senior Citizens Centre Act. Establishes the National Senior Citizens Centre to coordinate policy and programs for older persons, including health, social welfare, and protection initiatives, often working with FCT agencies.

Land Use Act 1978. All land is vested in the government. In the FCT, the Minister acts with gubernatorial powers over land. Transactions such as sales, gifts, or mortgages typically require consent or approval. Proper documentation and registration at the FCT land registry are essential to preserve title and prevent fraud.

Wills and probate. Wills are recognized under received English law principles and applicable local statutes and case law. Probate and Letters of Administration for estates within the FCT are handled by the High Court of the FCT Probate Registry. For Muslims, Islamic succession rules may apply, with Sharia Courts addressing questions of Islamic personal law, while grants for estate administration still route through the appropriate registry. Customary succession may be relevant for families that choose to apply customary rules, subject to the Constitution and statutes.

Powers of attorney and capacity. Nigerian law recognizes powers of attorney for property and financial matters. Generally, a standard power of attorney ceases to have effect if the donor loses mental capacity. Because there is no nationwide enduring power of attorney statute, planning often combines powers of attorney, trusts, joint mandates, and, where necessary, court processes to manage the affairs of a person who lacks capacity. Seek tailored legal advice for the FCT.

Courts and dispute resolution in the FCT. Elder-related disputes may be heard in the High Court of the FCT, Customary Courts, or Sharia Courts for Islamic personal law. Mediation and alternative dispute resolution are commonly encouraged to preserve family relationships.

Frequently Asked Questions

What makes a will valid in the FCT, and should I register it

A valid will should be made by a testator who is at least 18, of sound mind, acting voluntarily, and it should be signed by the testator in the presence of at least two witnesses who also sign. Registration is not mandatory, but safe custody and clarity are essential. In the FCT, many people lodge wills for safekeeping through a lawyer or at a probate registry to reduce the risk of loss or tampering.

How does inheritance work if the deceased was Muslim or followed customary law

For Muslims, Islamic inheritance rules may apply, and Sharia Courts can determine heirs and shares under Islamic personal law principles. For customary law, distribution often follows the family or community custom, provided it does not conflict with the Constitution or applicable statutes. Families sometimes opt into statutory distribution through a will. A lawyer can help you choose the appropriate framework and avoid later disputes.

How long does probate or letters of administration take in Abuja

Timelines vary with the completeness of documents, whether there are objections, asset complexity, and court workload. Simple, uncontested matters can take a few months, but complex or contested estates may take longer. Early collection of death certificates, asset statements, next of kin information, and tax clearances speeds up processing.

Can I make a power of attorney that continues if I lose capacity

Nigerian law generally treats a standard power of attorney as ending when the donor loses mental capacity. There is no nationwide enduring power of attorney statute. Lawyers often combine planning tools such as trusts, carefully structured mandates, and, if later needed, court applications to authorize a person to manage affairs for someone who lacks capacity. Get advice before relying on any single document.

What should I do if an elder is being abused or abandoned in Jikoyi

Seek immediate safety and medical care. Report to the Nigeria Police Force in the FCT and request assistance under the Violence Against Persons Prohibition framework. You can also contact the FCT Social Development Secretariat or community social welfare officers for emergency support and shelter options. A lawyer can help apply for protection orders and coordinate with services.

How can an older person in Jikoyi secure their land or house documents

Work with a lawyer to verify title status, conduct searches at the FCT land registry, perfect any assignments or deeds, and obtain or regularize a Certificate of Occupancy where applicable. Secure ministerial or statutory consents for transfers and register all instruments promptly to prevent competing claims.

What health insurance options are available to seniors

Under the National Health Insurance Authority framework, older adults can enroll in contributory or voluntary plans offered through accredited HMOs. Some public or occupational schemes also extend coverage into retirement. A lawyer or accredited health insurance agent can explain eligibility, provider networks, and how to resolve claim disputes.

What can I do if my pension is delayed or underpaid

Collect your employment and contribution records, including RSA statements, payslips, and employer remittance evidence. Engage your Pension Fund Administrator, escalate unresolved issues to the National Pension Commission PenCom, and consider legal representation to pursue arrears, interest, or compliance by the employer or MDA responsible for remittances.

Are advance medical directives recognized

There is no uniform national statute specifically on advance directives. However, the National Health Act emphasizes informed consent and respect for patient choices. Written healthcare instructions can guide families and doctors, especially when prepared with legal advice and shared with your physicians and next of kin. Hospitals are more likely to honor clear, properly documented wishes.

Can family members take over finances if an elder develops dementia without prior documents

Family members cannot simply assume control without legal authority. A lawyer can advise on court processes available in the FCT to authorize management of the person and property of an adult who lacks capacity, and can also help set up safeguards to prevent exploitation while ensuring the person receives necessary care.

Additional Resources

High Court of the FCT Abuja Probate Registry. Handles Grants of Probate and Letters of Administration for estates connected to the FCT.

FCT Social Development Secretariat. Provides social welfare services, including support for vulnerable elders and case referrals under the Violence Against Persons Prohibition framework.

Nigeria Police Force FCT Command and divisional stations serving Jikoyi. For emergency protection, reporting abuse, and enforcing protection orders.

National Senior Citizens Centre. Federal body coordinating programs and advocacy for older persons, including social and health initiatives.

National Pension Commission PenCom and Pension Fund Administrators. For pension compliance, benefit access, and dispute resolution.

Legal Aid Council of Nigeria. Offers free or subsidized legal assistance to eligible persons, including older adults in vulnerable situations.

National Human Rights Commission. Receives complaints on rights violations, including elder abuse and neglect.

Geriatric Association of Nigeria and community health facilities in the FCT. For age-friendly healthcare guidance and referrals.

Community leaders, Customary Courts, and Sharia Courts in the FCT. For matters grounded in customary or Islamic personal law, including family settlements and inheritance questions.

Next Steps

Clarify your goals. List your immediate concerns, such as making a will, securing land documents, addressing abuse, or resolving pension issues. Gather key records like identification, land papers, pension statements, medical reports, and family contacts.

Consult a qualified lawyer in the FCT. Choose a practitioner experienced in wills and probate, land law, family and protection orders, or pension matters as needed. Ask about fees, timelines, and the specific court or agency processes involved.

Protect against urgent risks. If there is immediate danger or suspected abuse, contact the police and the FCT Social Development Secretariat right away and seek medical attention. A lawyer can apply for protection orders and help arrange safe accommodation when necessary.

Document and organize. Keep copies of all applications, consents, court filings, receipts, and correspondence. Share essential documents with a trusted relative or advisor and tell them where originals are stored.

Plan for capacity and care. Even if you are healthy today, prepare powers of attorney for property matters, healthcare instructions, and, where appropriate, trusts or family agreements. Review your plan annually and after major life events.

Follow through and review. Track court dates, registry steps, pension verifications, and land filings to completion. Schedule periodic check-ins with your lawyer to update your arrangements and ensure ongoing compliance with FCT procedures.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.