Section 23: Survivors benefit.

(1)
Subject to the provisions of this section, a survivor's benefit in favour of the widow or widower or next of kin as the case may be shall, on the death of a member of the Fund, be payable to the extent prescribed in the Fourth Schedule to this Act; but no survivors benefit shall be payable in excess of moneys already held for credit of the member of the Fund at the time of his death.
(2)
Where a survivor's benefit is payable and the deceased immediately before his death was not subject to customary law or Islamic personal law, the Director may -
(a)
on such evidence as he may require and if the moneys in the Fund do not exceed the sum of forty naira, pay the moneys direct to the widow or widower or the next of kin of the deceased as the case may be; or
(b)
if there are more claimants than one as widow or widower, or as the case may be the moneys in the Fund exceed the sum of forty naira, pay the moneys to the executor or administrator of the deceased; or
(c)
in any other case, pay the moneys to the Administrator- General who shall hold the moneys in trust for the persons found to be entitled under this section.
(3)
Where a survivors benefit is payable and the deceased was immediately before his death subject to customary law or Islamic personal law, the Director on the application in writing of any person interested as claimant shall, and in any other case may, pay the survivors benefit to the Administrator-General.
(4)
Where moneys are paid to the Administrator-General under the authority of subsection (2) or (3) of this section, the Administrator-General shall give public notice of the payment by such means as he may think fit having regard to the amount of payment; and claims made after the time limited by the notice may be ignored under the authority of this sub-Survivors benefit section, and the amount may be paid accordingly to the persons who have given notice of their claims to the Administrator- General within the prescribed time:
Provided that where customary law or Islamic personal law applies, the Administrator-General may refuse payment to claimants except under the authority of an order of a court of competent jurisdiction.
(5)
Moneys paid under the authority of this section to the Administrator-General shall, if unclaimed for a period of five years from the date of payment, be paid into the National Provident Reserve Fund under this Act.
(6)
Notwithstanding the provisions of this section or any other enactment which requires payment of a survivor's benefit in certain cases through the office of the Administrator-General, a survivor's benefit shall be paid direct to the next of kin of the deceased.