By
Irabor Romanus Okwuoimose
Abstract
This paper critically examines the issues surrounding independent actions for maintenance under the Matrimonial Causes Act 1970 (MCA 1970). The paper is motivated by the persistent ambiguity in section 70 of the Act, which empowers courts to make maintenance orders but fails to indicate whether such proceedings may be instituted independently of principal matrimonial causes such as divorce, nullity, or judicial separation. This legislative gap has generated conflicting judicial interpretations and inconsistent enforcement across Nigerian courts. The paper adopts a doctrinal legal methodology, relying on statutory analysis, case law, and comparative examination of other jurisdictions. It also draws on relevant international conventions, including The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to assess Nigeria’s compliance with global standards. This paper reveals that the MCA 1970, though a landmark statute, is inadequate in addressing the realities of family maintenance in contemporary Nigeria. The absence of express statutory provision for independent maintenance actions has resulted in divergent judicial opinions, procedural confusion, and limited access to justice for vulnerable spouses and children. The Act further restricts its application to statutory marriages, thereby excluding those contracted under customary and Islamic law, contrary to the constitutional principle of equality. Comparative analysis shows that jurisdictions such as the United Kingdom, South Africa, Canada, and Australia expressly recognise and regulate independent maintenance proceedings as a distinct legal right. The paper recommends a comprehensive legislative reform of the MCA 1970 to expressly provide for independent maintenance proceedings.