By Lillian Okenwa
Not a few have contented that DNA would have been the strongest point for Debe Odumegwu Ojukwu and his lawyer to pursue in the matter which culminated in a High Court of Enugu holding on Wednesday, 27 March 2024 that the late Dim Chukwuemeka Odumegwu Ojukwu in the course of his lifetime did not acknowledge him as his biological son.
Public affairs analysts contend that a sample of Emeka Odimegwu Ojukwu’s DNA could have been easily obtained since he was known to socially ‘mix around’ easily. “Then, go after and voraciously attack the genuineness of the Will with everything you’ve got.”
It has also been argued that the doctrine of ‘a man’s first acknowledgment of a child born outside of wedlock’ was a proposition of law used when the law and courts did not know any better given that at that time, acceptance of paternity was based solely on whether the father acknowledged the child born outside of wedlock in his lifetime.
An attorney who spoke under anonymity was of the opinion that “in the 21st century case, they must have gone way back and plucked an old case law/authority, and the judge bought into it.
“I start with the caveat that I’ve not read the full judgment. That said, if the gist of what’s reported above is the crux/core reasoning behind the decision reached, I most respectfully, do not agree with the judgment [not that it matters in any case].
“I’m of the humble view that the germane issues for determination, in summary, are firstly, whether Debe Ojukwu is rightly an offspring and son [whether first son or not] of Emeka Odimegwu Ojukwu; secondly, whether the Will and Codicil said to have been executed by Emeka Odimegwu Ojukwu were genuine and/or duly executed by him.
Read more: You have not proved that Ojukwu recognised you as son —Court to Debe Ojukwu
“With respect to the first, all Debe Ojukwu needed was to prove by DNA evidence that he’s an offspring of Emeka Odimegwu Ojukwu [since obviously his split image and resemblance of Emeka Odimegwu Ojukwu eluded his lordship; or more appropriately, such is not one of those things the judge is allowed by the Evidence Act to take judicial notice of].
“If sequel to and in furtherance to that, Debe Ojukwu is able to prove by concrete evidence that the Will is not genuine and/or duly executed, then the Will ‘ought and should have been’ set aside and Emeka Odimegwu Ojukwu ruled and declared as having died intestate thereby entitling Debe to share in the estate of the late Emeka Odimegwu Ojukwu. Whether counsel pursued the angle of DNA is unknown. Probably, they did not.
“Now, to my main point. In my firm humble view, there is no place in this age, time and the advancement of science, for the proposition that Debe ‘ought to be first acknowledged’ by Emeka Ojukwu in his lifetime as his son. The proposition of law with respect to acknowledgement of paternity by a father is with due respect, outdated. It’s pre the emergence of DNA.
“Let me put it this way. Following the emergence of the science of DNA, the proposition of a father’s acknowledgment of a paternity of a child born out of wedlock is relic. In fact it is nothing but an attempt at giving life to ‘an artifact from long past historical times’. It has no place in the present day development and advancement of this specific area of our law.
“My humble take.”
Sadly, the DNA option even if the younger Ojukwu were to consider it today is way too late as the retired Police officer, lawyer and then President-General of Umudim Nnewi Union in Lagos slumped and died in his Lekki Phase I home on 1 November 2018 at the age of 62.
