Understanding Child Custody in Nigeria: Key Principles and Considerations

Matrimonial proceedings in Nigeria are governed by the Matrimonial Causes Act of 1970. Typically, when a marriage between a couple is dissolved, several key issues or considerations may arise as a result of the dissolution. These considerations, often referred to as “ancillary reliefs,” include the settlement of matrimonial property, jointly owned assets, and, significantly, custody of the children from the marriage. In the case of Eigbe v. Eigbe, the court held that “custody of children of a marriage is ancillary to the issue of dissolution of marriage, and a High Court empowered to determine matrimonial causes is therefore competent to also consider the issue of custody of children of a marriage dissolved as an ancillary relief.” Furthermore, the Matrimonial Causes Rules makes it clear that ancillary reliefs, such as custody of children, can be sought after the principal relief of dissolution has been initiated. Thus, upon the dissolution of a marriage where the estranged couple may be forced to live separately and, in some cases, in different jurisdictions, the court may need to exercise discretion to determine, as an ancillary relief, who will have custody of the child(ren) and their maintenance. This article provides an overview of how to navigate child custody in Nigeria, including the guiding principles and considerations.