A yet-to-be-identified female layer has said Mohbad’s father has no legal right to demand a DNA test for Mohbad’s son, Liam,.
The lawyer made this disclosure while featuring on TVC program, ‘Your View’ anchored by Motunrayo Afolabi-Brown
Mohbad, who real name is Ilerioluwa Oladimeji Aloba, died on September 12, 2023, at the age of 27 years under controversial circumstances.
The lawyer explained that, under the law, the properties of Mohbad belong to his son and not to any other family member.
She clarified that in such cases, the spouse is entitled to one-third of the entire properties, while two-thirds go to the children. Additionally, all personal belongings of Mohbad, such as clothes and shoes, legally belong to his wife.
She further explained that in marriage, there is a presumption of legitimacy, meaning the father is assumed to be the child’s parent unless proven otherwise.
In Mohbad’s case, the fact that he acknowledged Liam as his own strengthens this presumption.
The lawyer criticized Mohbad’s father, Joseph Aloba, calling him a ‘busybody’, as the son had already accepted Liam as his child. Once a father acknowledges a child as his own, no third party can dispute this.
The controversy began when Joseph Aloba asked Mohbad’s wife, Wunmi Aloba, to conduct a DNA test on Liam before agreeing to his burial.
Meanwhile, a chief magistrate court in Ikorodu eventually ordered Mohbad’s wife, Wunmi, to allow the DNA test to proceed.
Speaking further on the incident, the lawyer said, “The spouse is entitled to one-third of the entire properties, the two-thirds for the children. All his belonging, like clothes and shoes, belongs to the wife under the law.
“Under the law, when a man and woman are married, any children they have, there is something called presumption of legitimacy, meaning that the father owns the child except proven otherwise.
“For this Mohbad’s case, Mohbad himself acknowledged the child as his own.
“Once the father acknowledges the child, whether he owns it or not, no third party can say they don’t own the child.
“The grandfather is a busybody because the son has accepted that he owns the child; he has no right to request DNA.”