In what appeared to be a reaction, Obi Cubana posted a photo of himself and his biological son, Alex, on Instagram, with the caption: “Ancient and modern, eyes on the ball. @dtwalx aka next of kin.” He went further in the comment section to reinforce his stance, describing Alex as the “correct boy, original next-of-kin.”

The response sparked mixed reactions online, with some netizens criticising Cubana for handling a sensitive family matter in the public space rather than settling it privately.

This controversy has shown that in Nigeria, the term “next of kin” is widely misunderstood, especially among parents and guardians. Many people mistakenly believe that naming someone as their next of kin automatically grants that person the right to inherit their assets or properties upon their death.

Who is a Next of Kin

In Nigeria, a “next of kin” typically refers to a person’s closest living relative or a chosen emergency contact. This individual may be contacted in cases of emergencies, such as medical crises or accidents, and can be required to make decisions on behalf of the person when incapacitated.

The term is commonly used in medical settings, where hospitals contact the next of kin during emergencies or when consent is needed.

Financial institutions, where banks request a next of kin for administrative purposes, not for automatic inheritance, and legal and employment documents for notification or administrative follow-up in critical situations.

What rights does a next of kin have?

Contrary to popular belief, being listed as someone’s next of kin does not grant automatic rights to inheritance.

According to legal experts, a next of kin may assist with legal processes after someone’s death, such as obtaining a letter of administration.

He/she cannot access or claim the deceased’s assets unless explicitly named in a valid will or under applicable inheritance laws (customary, Islamic, or statutory).

A Lagos-based lawyer, Chief Malcolm Omirhobo, speaking on the matter, explained that, “There is this widespread misconception that if one dies, the fellow’s next-of-kin inherits all his or her assets, but that is not so under the Nigerian legal system. Generally, the question as to who to inherit is determined by law, that is, customary law, Islamic law, English Law, or the Administration of Estates law (or equivalent legislation).

“The law to be applicable in distributing the estate of a deceased shall be determined by the incidence of marriage of the deceased. It follows, therefore, that where a deceased contracted marriage under the Marriage Act, customary law is excluded, and succession to his wealth will be affected in accordance with either English law or the Administration of Estates Law (or equivalent legislation), depending on the jurisdiction. See Obuzez V. Obuzez (2007) 10 NWLR (Pt. 1043) 430.

What are the next of kin’s responsibilities?

Primarily, a next of kin is the first contact point if anything happens to you. The person can make decisions on your behalf in case you are unable to make decisions for yourself. This could come up before your death, whether due to illness, injury, or incapacitation.

Also, the next of kin can play a role in making serious healthcare decisions for the individual. This responsibility is particularly important when the individual is unable to communicate their wishes. Take a situation where someone is in a coma: the next of kin may be called upon to provide consent for medical treatments or end-of-life decisions.