ARMED FORCES ACT

Section 277: Distribution in case of deceased service person's intestacy

1994Section 277 of 292Federal Republic of Nigeria

(1) If a person subject to service law under this Act-
(a) dies without having complied with the requirements of this Part of this Act as to the disclosure of next of kin; or
(b) has not made a will valid under this or any other enactment relating to wills and for the time being in force,
an officer of the Armed Forces or the Accountant-General or any public department having in his or its charge or control any pay, accumulation of pay, gratuity or other allowance or fund or personal property or money of the deceased may, with the concurrence of the commanding officer or an officer acting on behalf of the commanding officer, pay or deliver same to a claimant who proves to the satisfaction of the commanding officer or such officer, relationship as the widow of the deceased or the child or other near relative of the deceased, as the case may be, according to the rules of succession of the tribe to which the deceased belonged.
(2) If there are more than one claimant under subsection (1) of this section, payment or delivery may be made in such shares and proportions as each claimant would be entitled to receive under the rules of succession prevailing among the tribe, or as nearly as may be.
(3) Where the deceased was a Moslem, the distribution of the estate may be carried out by the Area Court which has jurisdiction in the district from which the deceased came, and the Area Court shall be responsible to the State Administrator-General or the Federal Administrator-General, as the case may require, for the carrying out of the distribution in accordance with Islamic law and if there is no such Area Court in the district, the distribution may be made as nearly as may be in accordance with Islamic law.

Cite this section

Section 277, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/277/