Business, Property, Family & Employment Law — By Akintunde Esan (The Legal Adviser Online)

Understanding the law is not a luxury — it is a necessity for every family, professional, business owner, and investor in Nigeria today.

In his latest series of Legal Illuminations, Akintunde Esan — Barrister & Solicitor of the Supreme Court of Nigeria, Managing Partner of Ase Olodumare Chambers, and creator of The Legal Adviser Online — explores the legal issues that matter most to Nigerians in business, employment, family and everyday life.

The series covers:

• Land Disputes — protecting your property investment from fraud and litigation
• Commercial Litigation — what every business owner must know before disputes arise
• Business Law & Corporate Compliance — from CAC registration to ongoing regulatory obligations
• Family Law — marriage, divorce, property settlement, child custody, and maintenance
• Employment Law — judicial limits on oppressive and unlawful dismissals

These are not abstract legal theories. They are practical, experience-backed insights drawn from active legal practice — written to inform, protect, and empower.

Land Disputes in Nigeria: How to Safeguard Your Investment & Resolve Conflicts

Investing in land in Nigeria can be a rewarding venture, but it also carries significant risks. Many hardworking Nigerians, in search of secure investments, have […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 23, 2025

Commercial Litigation in Nigeria: What Every Business Owner Needs to Know

Introduction Navigating the complexities of the business world in Nigeria inevitably leads to disputes, from unpaid invoices and broken contracts to partnership conflicts and intellectual property […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 20, 2025

Mastering Business Law in Nigeria: From CAC Registration to Corporate Compliance

Introduction Starting and managing a business in Nigeria requires more than just vision — it demands compliance with legal and regulatory frameworks. From CAC registration in […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 18, 2025

Nigerian Family Law Explained: Marriage, Divorce, Property Settlement, Child Custody, and Maintenance

Family law touches the most personal aspects of our lives — marriage, separation, property, and the welfare of children. In Nigeria, these issues are governed primarily […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Court Limits Employer’s Right to Terminate: No Room for Oppression in Dismissals

Employment is more than a contract; it is the foundation of livelihood, dignity, and professional identity. When termination is carried out recklessly, maliciously, or […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Employment Law Update: Courts Reinforce Protection Against Oppressive Dismissals

Introduction The right of an employer to terminate an employment contract is not absolute—it must be exercised with fairness and respect for the dignity of the […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

LEGAL ADVICE ONLINE ON FAMILY LAW, PROPERTY LAW AND BUSINESS LAW IN NIGERIA

The Legal Adviser Online provides legal advice to Nigerian Families, Property Owners and Entrepreneurs.

• Legal advice on Family Law on marriage, divorce, child custody, child adoption, child abuse and child maintenance
• Legal advice on Property Law to property owners and prospective property purchasers or buyers
• Legal advice on Business Law to entrepreneurs or prospective entrepreneurs

Chat with Akintunde Esan: The Legal Adviser Online on Whatsapp @ 08073828487 or call 09036279325

PROBLEM SOLVING LEGAL ADVICE ONLINE

"Every battle is won before it is ever fought” – Sun Tzu. 

Seek for sound problem solving legal advice before starting or engaging in any land, divorce, child custody, property, employment,  inheritance, claims, breach of contracts disputes or any dispute at all.
#soundproblemsolvinglegaladvice#

SEVENTY ISSUES YOU WILL OR MAY NEED A LAWYER FOR IN NIGERIA

This edition of the Legal Illumination of Akintunde Esan known as the Legal Adviser Online is focused on the issues you will or may need legal advice, legal documentation or legal representation in Nigeria.

As a Lawyer (Legal Practitioner) and Chartered Mediator of over two decades of active and versatile legal practice experience and a digital legal services provider in Nigeria, I can authoritatively say that - be you an individual or a company or an organisation, an entrepreneur, a married person, a father or a mother, next of kin, a property owner or land lord or a tenant, an investor, a creditor or a debtor, a director or a shareholder, a contractor, a professional, an artisan, a content creator, an artiste, a politician, a service provider or a service receiver, an employer or an employee, a trustee, a benefactor or a beneficiary, a land vendor or a land purchaser  or anything or person that has legal rights in Nigeria - you will need  LEGAL ADVICE or LEGAL DOCUMENTATION or LEGAL REPRESENTATION one time or the other in your life time for at least one of the seventy (70) issues listed below:

1.  Judicial declaration or affirmation of legal rights.
2. Judicial interpretation of legal documents, agreements, deeds, Wills.
3. Nullification of a Will.
4. Nullify of an appointment or nomination
5. Divorce or dissolution of marriage
6. Application for Wife maintenance
7. Application for Child Custody
8. Application for Child Maintenance 
9.   Application for Child Adoption 
10. Payment of entitlement.
11. Judicial order of reinstatement
12. Nullification of report of Panel of Enquiry.
13. To compel the performance of a statutory or contractual or customary duty.
14. Order of interlocutory and perpetual injunction to restrain the continuous infringement of constitutional, statutory, customary and contractual rights.
15. Redress for breach of contracts, agreements, deeds, debentures, mortgages, powers of attorney, and memorandum of understanding.
16. Recovery of outstanding loans from debtors.
17. Recovery of debts for services provided and goods supplied.
18. Recovery of land and property from trespassers.
19. Redress for infringement of copyright, trademark and patent.
20. Redress for infringement of constitutional, statutory, customary and contractual rights.
21. Enforcement of constitutional, statutory and customary rights.
22. Performance of a contract.
23. Quality of service delivery.
24. Redress for defamation of character.
25. Redress for defamation of products or services.
26. Claim for compensation for personal injuries, damage to property and monetary loss and loss of property.
27.  Landlord and tenant related legal issues and disputes.
28. Arrears of rent.
29. Legal and Regulatory Compliance for Companies.
30. Registration with Government Agencies e.g. C.A.C, NAFDAC, NOTAP, etc.
31. Business or Company restructuring.
32. Incorporation and registration of various business undertakings and entities.
33. Application and procurement of permits, licenses and approvals required for doing business in Nigeria.
34. Filing of returns at the Corporate Affairs Commission.
35. Trade mark and patent registration.
36.  Due diligence and intelligence report on properties, companies and individuals.
37. Secretarial duties such taking of minutes of corporate meetings, drafting of resolutions, notice and agenda of meetings.
38. Negotiating of contract agreements and legal documents covering commercial transactions or property.
39. Drafting of contract agreements and legal documents covering commercial transactions or property.
40. Reviewing of agreements, legal, contractual, land and security documents.
41. Legal risk consulting or Legal risk auditing.
42. Personal or corporate Legal Adviser.
43. Perfection of legal, contractual, land and security documents.
44. Transactional disputes
45.  Equity Investment.
46.  Debt Financing.
47. Winding Up of Companies.
48. Receivership.
49. Project Financing.
50. Capital Market Transactions.
51. Mergers and Acquisitions.
52. Multi-Party Commercial Transactions.
53. Joint Venture Projects.
54. Oil and Gas Transactions.
55. Maritime Transactions.
56. Aviation related disputes.
57. Banking related disputes.
58. Insurance Claims.
59. Acquisition and disposal of properties.
60. Recovery of premises & property management.
61. Land Documentation.
62.  Land Registration.
63. Deed of Assignments, Deed of Gifts, Vesting Deed, Deed of Lease, etc.
64. Drafting and the reviewing of a Will.
65. Application for letter of administration and probate.
66. Tax related disputes
67.  Inheritance claims and counter claims.
68.  Succession plan, strategy, claims and disputes.
69.  Drafting and reviewing of Contract of employment and employer and employee disputes.
70. Negligence of duty

Please take note that, the services you may need a Lawyer for are not limited to the services listed above and you can contact Akintunde Esan (The Legal Adviser Online) for further legal illumination on legal advice, legal documentation and legal representation in Nigeria.

© 2024 Akintunde Esan, Esq. (The Legal Adviser Online)

Whatsapp and Phone No.  08073828487 Email: akintundeesan@gmail.com

Akintunde Esan is Managing Partner/Principal Consultant at Ase Olodumare Chambers, a Lagos based Law Firm engaged in the provisions of legal advice, legal documentation and legal representation to domestic and international clients in different areas of law. 

For more on Akintunde Esan’s Legal Illuminations: click or visit this link https://akintundeesan.blogspot.com

Akintunde Esan (The Legal Adviser Online)

GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA

You can also click the links below to view:

• CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA  

• NIGERIAN FAMILY LAW EXPLAINED: MARRIAGE, DIVORCE, PROPERTY SETTLEMENT, CHILD CUSTODY, AND MAINTENANCE

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA

• LEGAL TIPS FOR LAND PURCHASERS IN NIGERIA 

• THE STATUS OF THE PROPERTY JOINTLY OWNED BY A DECEASED SPOUSE AND THE SURVIVING SPOUSE IN NIGERIA

• TENANCY LAW: 12 THINGS EVERY LANDLORD AND TENANT IN LAGOS STATE SHOULD KNOW

• WHY IS GOVERNOR’S CONSENT NECESSARY FOR ALIENATION OF LAND IN NIGERIA

• WHO IS ENTITLED TO APPLY FOR LETTER OF ADMINISTRATION OF ESTATE IN NIGERIA 

• LAND LAW: LAND LITIGATION IN NIGERIA 

• HOW TO RECOVER MONEY OR ASSET LOST TO FRAUD IN NIGERIA 

• THE RELEVANCE OF A SURVEY PLAN IN LAND LITIGATION IN NIGERIA 

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA 

• 21 THINGS TO KNOW ABOUT A POWER OF ATTORNEY IN NIGERIA

• ILLUMINATIONS ON CERTIFICATE OF OCCUPANCY AND THE RIGHT OF OCCUPANCY IN NIGERIA  

• RE-SEALING OF THE PROBATE GRANTED OUTSIDE NIGERIA IN NIGERIA 

• CLAIMING DEATH BENEFITS OF A DECEASED EMPLOYEE IN NIGERIA 

GROUNDS FOR GRANTING DIVORCE 

IN COURT IN NIGERIA 

              A.  Introduction 

Divorce is the legal dissolution of a marriage and there are different perspectives to the grounds for dissolving a marriage such as the religious, cultural, jurisprudential, sociological, statutory, trendy, mystical and pragmatic perspectives. Take for instance in the Christian faith, adultery is the only recognised ground for divorce.

This edition of Akintunde Esan's legal illumination is focusing on the legal grounds for getting a divorce in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the grounds for the filing and processing of a divorce in Nigeria. 

B. Grounds for Divorce of a Customary Marriage

In Nigeria, couples have the choice of having a customary marriage or a statutory marriage. A customary marriage is a marriage contracted under the native law and custom of an ethnic community in Nigeria. A statutory marriage is a marriage contracted under the Marriage Act.  

There are no codified grounds for divorce under native laws in Nigeria, thus, a customary or traditional marriage can be divorced or dissolved on arbitrary grounds. 

The only authority in Nigeria that has the jurisdiction (power) to grant a divorce of a statutory marriage is the High Court, while the Customary Court has the jurisdiction to grant the divorce of a traditional  or customary marriage.

C. The Eight (8) Grounds for the Dissolution of a Statutory Marriage in Nigeria

By virtue of Section 15(1) of Matrimonial Causes Act, the High Court has the jurisdiction to make an order dissolving a statutory marriage only on the general ground that, the marriage has broken down irretrievably.

However, the High Court in coming to the conclusion whether a marriage has broken irretrievably is required to take into consideration the occurrence of one or more of the specific eight (8) grounds set out in sub-section (a) to (h) of Section 15 (2) of the Act. If the spouse seeking the divorce can prove the occurrence of one or more of these grounds, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law.  
 
In divorce case between LT. Col. Shehu Ibrahim (Rtd) v. Mercy Ibrahim (2006) LPELR-7670(CA) Ariwoola, J.C.A at P. 24, paras. C-G, illuminated on the issue of ground and grounds for divorce as follows: 

"The learned counsel contended that there is only one ground for the dissolution of marriage in our law. This with respect may not be totally correct, to say the least, as there are several grounds which the Matrimonial Causes Act refer to as "facts". (See; Sections 15(2) and 16(1), Matrimonial Causes Act.  

However, in Nigeria, a Court cannot dissolve a marriage or declare a marriage to have broken down unless one of the facts listed in Section 15(2) is established by the petitioner, even though it appears the marriage has broken down irretrievably." 

An occurrence of any of the following eight grounds or situations or facts in the eyes of the Matrimonial Causes Act is a conclusive proof that, a marriage has broken down irretrievably or generally and therefore ripe for divorce or dissolution:

Ground 1: Denial of Sexual Intercourse 

This is where a spouse has willfully and persistently refused to have sexual intercourse with an aggrieved spouse. Section 15(2)(a). 

Ground 2: Adultery and Intolerable Behaviours

This where a spouse has committed adultery and the offended spouse find it intolerable to live with the offending spouse. Section 15(2)(b). 

Ground 3: Unreasonable Behaviours

This where a spouse behaves in such a way that the aggrieved spouse cannot reasonably be expected to live with such a  spouse. Section 15(2)(c).

Section 16(1) set out the behaviors that can be said to be the ones that, a person cannot be reasonably expected to live with to include: 

a) Commission of sexual offences such as: committed rape, sodomy, or bestiality. 

b) Habitual drunkenness or drug addiction: for a period of not less than two years. 

c) Frequent convictions and imprisonment for crime. 

d) Habitually leaving a spouse without reasonable means of Support. 

e) Attempt to murder and assault spouse. 

f) Habitual and willful failure to provide court ordered or agreed support for two years. 

g) Insanity and unsoundness of mind 

Ground 4: Abandoning of Spouse

Where a spouse has abandoned or deserted the other spouse for a continuous period of at least one year . 

a) The types of desertion: 

i. Simple Desertion: the guilty spouse abandons the matrimonial home. 

ii. Constructive Desertion: The spouse who is in desertion is the spouse who by his or her conduct expels the other spouse and remains at home. 

b) The elements of desertion: 

i. Physical separation or defacto separation: This implies bringing co-habitation to an end by severing marital obligations; or 

ii. Intention to remain permanently separate or animus deserendi 

iii. Absence of the spouse’s consent. 

iv. Absence of any justification: There will be no desertion if the spouse who has withdrawn from cohabitation has a good reason for doing so. 

Ground 5: Living Apart for Two (2) Years

Where the parties to a marriage have lived apart for a continuous period of at least two years and one of the parties does not object to the marriage being dissolved. 

Ground 6: Living Apart for Three (3) Years

However, where the parties to a marriage have lived apart for a continuous period of at least three years, the consent of the other party is not required before such a marriage can be dissolved. Section 15(2)(e) and (f). 

References to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. 

Ground 7: Disobedience to Order of Restitution of Conjugal Rights 

Where a spouse for a period of not less than one year, failed to comply with a court order of restitution of conjugal rights. 

Ground 8: Spouse is missing for Seven (7) Years

Where a spouse is missing for such a long time or seven year in such circumstances as to provide reasonable ground for presume he or she is dead or has no reason to believe that the spouse is alive. 

If the spouse seeking for divorce can prove the occurrence of one or more of these eight grounds mentioned above, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law. 

D.  Conclusion

No reasonable man or woman will or would want to divorce his or her spouse, but human nature makes frictions inevitable and some frictions may degenerate or metamorphose into irreconcilable differences that make divorce not just inevitable but reasonable.

There are times when divorce is not a reasonable option considering your children, what you have mutually invested in the marriage and the signs that reconciliation is possible. However, when your marriage becomes injurious or poisonous to your children/child, health, life and destiny and it appears divorce is the only reasonable option.

There has been an increase in the reported cases of spouses killing each other in the news these days in Nigeria. These are times when divorce is becoming a reasonable option, considering the fact that “a living dog is better than a dead lion”.

Lawyers are undertakers of dead marriages, not ruling out the fact that, some dead marriages do resurrect like the dead body of Lazarus or the prophetic dry bones putting on flesh and rising again. However, marital resurrection is a miracle that happens by choice and not by chance.

If you are in a dilemma on divorce think about the finding of a study at the University of Harvard, which observed that, all the members of family suffering from a high level of conflict, for example where there is persistent abuse or alcoholism, benefit from divorce. However, those marriages with low level of conflict gain more by staying together, and the harm to the children is less than that caused by divorce.

CALL or CHAT with me if you need someone to confide in on your dilemma.

You can also CALL or CHAT with me for further legal illumination on resolving or seeking for a divorce.

Written by Akintunde Esan, Managing Partner/Principal Consultant @ Ase Olodumare Chambers Law Firm, Lagos Nigeria.

GROUNDS FOR GRANTING DIVORCE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)

Also click to view:

CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA

NOTICE ! NOTICE !! NOTICE !!!

You also advised to try Ase Olodumare Chambers Divorce Mediation if:

• you are seeking for an amicable and peaceful separation or divorce.

• you are contemplating filing for divorce or separation in Court.

• you are having issues on child custody. 

• you are not formally married but are seeking for amicable and peaceful severance of their marital relationships.

• For more information on Ase Olodumare Chambers Divorce Mediation Initiative click on: BREAKING NEWS ! DIVORCE MEDIATION IN NIGERIA  

LEGAL ILLUMINATION ON CHILD AND WIFE MAINTENANCE IN NIGERIA

Introduction

This edition of the Legal Illumination of Akintunde Esan is focused on how to obtain an order of Court to compel a father refusing to be responsible for his child’s upkeep and school fees to be responsible by obtaining a maintenance order against such a father. It also focuses on the circumstances under which a wife can get an order of maintenance from the Court.

Maintenance Order

A maintenance order in this Legal Illumination is the order of Court compelling:

a)    the father or guardian of a child to pay certain amount periodically or at once for the upkeep of the  child, this may include the expenses for feeding, education, accommodation, medical bills and other necessaries. 

b)   the husband of a woman married under the Marriage Act to pay certain amount periodically or at once for the upkeep of the woman, this may include the expenses for feeding, accommodation, medical bills and other necessaries.

A maintenance order is usually made by the Court in a suit for divorce or child custody or maintenance or the three combined in one suit as a trinity suit. It should be noted that in a suit where you do not file for all of the three the Court would only grant what you filed or prayed for as the Court is not known to grant what is not prayed for except in exceptional cases.

The Maintenance of a Child

Every child has the right to Right to parental care, protection and maintenance and the child has the right, in appropriate circumstances, to enforce this right in the Family Court. However, the right to maintenance by his parents or guardians is subject to the extent of their means.[1]

In answering the question on whose is the responsibility to pay for the upkeep or maintenance of a child, Alagoa, J.C.A in Tabansi v. Tabansi (2008) [2]  answered the question as follows:

"There is a plethora of cases on this subject matter especially by the Apex Court. The education, maintenance and upkeep of a child are serious and sensitive matters which should not be hamstrung by technicalities. What is best for the child should be the paramount consideration of the Court. The Petitioner has submitted that the upkeep of the child is the responsibility of both parents. At common law it is the responsibility of the man to take care of his family." 

The Maintenance of a Wife

The wife of a marriage under the Matrimonial Causes Act (M.C.A) is entitled to claim maintenance in the High Court, if her husband wilfully neglected to maintain her without filing for divorce or any matrimonial cause. In essence, a wife may be claimed for maintenance from her husband even if there is no pending suit for divorce or separation.[3]

The obligation of the husband to maintain his wife is a discretionary power of the Court to grant[4].It has been held that before a Court makes an order for maintenance, it must take some factors into consideration. These includes[5]:

(a) the parties income;

(b) earning capacity and by implication properties owned by each party

(c) financial resources;

(d) financial needs and responsibilities;

(e) standard of life of the parties before the dissolution of the marriage, their respective ages and the length of time they were husband and wife.

In the case of Mrs. Rose Ndibulum Enwezor v. Mr. Christopher Ifeanyi Enwezor[6], the High Court refused to grant Mrs Enwezor an order of maintenance on the ground that she was on the same salary grade with her husband and her status or standing in life was/is parallel to that of the husband.

Can a Husband claim for Maintenance from his Wife

Indeed under the English jurisdiction, the Courts have a discretion to order wives to pay maintenance to their husbands especially where a wife is in a better financial position than the husband. Thus, a husband can successfully petition for divorce and also ask for maintenance[7]. This discretion fortunately is not part of the Nigerian Law. In Nigeria, the husband is supposed to take care of his wife[8].

Payment of Maintenance from the Salary or Income of a Father or a Husband

The law permits that the upkeep, maintenance, school fees and other necessaries of a child be deducted from the salary or income of the father or guardian of a child. A maintenance order can as well be enforced by getting an order of attachment of the salary of the father or husband who has refused to comply with the order.

Conclusion

I am of the school of thought that, it is not in the overall interest of a child for a parent to initiate contempt proceedings that would end in the other parent been imprisoned in the name of enforcing a maintenance order or judgment. It is better to explore other statutory options of enforcing such a judgment or order and the attachment of salary or income is just one of such options. 

In case you need further legal illumination on child or wife maintenance or both you may contact Akintunde Esan (the Legal Adviser Online).

---

[1] Section 14 Child’s Right Act

[2] LPELR-4365(CA) (Pp. 20 paras. C)

[3] Per Ikyegh ,J.C.A (Pp. 30 paras. A) Obajimi v. Obajimi (2011) LPELR-4665(CA)

[4] Nanna v. Nanna (2006) 3 NWLR Pt.966 page 1, Erhahon v. Erhahon (supra) Olu-Ibukun v. Olu-Ibukun (1974) Supreme Court of Nigeria Judgment.

[5] Negbenebor v. Negbenebon (1971) 1 All NLR page 210, Ibeawuchi.Per  Ndukwe-Anyanwu ,JCA (Pp. 17-18, paras. C-A) Okaome v. Okaome & Anor (2016) LPELR-41460(CA)

[6] Per Hussein Mukhtar ,JCA (Pp. 22-23, paras. C-D) Mrs. Rose Ndibulum Enwezor v. Mr. Christopher Ifeanyi Enwezor & Anor (2012) LPELR-8544(CA)

[7] Calderbank v. Calderbank (1975) 3 WLR page 586.

[8] Per Ndukwe-Anyanwu ,JCA (P. 19, paras. A-C) Okaome v. Okaome & Anor (2016) LPELR-41460(CA)

Click to also view: 

CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA