Course Title: Family Law II; PPL 204 (3 credits; Elective)

Lecturer: Mr. A.O. Abdulkadir

Title and Qualification:

Lecturer II; LL.B (Ilorin), LL.M (Ife), BL

Department of Private & Property,

Faculty of Law, University of Ilorin, Kwara State, Nigeria

E-mail:- Kor181Law@yahoo.com

Office Location: Room B3, 1st Floor, Faculty of Law

Consultation Hours: 8.00 am 3.30 pm

Courseware prepared by: Mr. A.O. Abdulkadir

Course Content:
Jactitation of Marriage, Judicial Separation, Maintenance and Financial
relief.

Week 1:
Topic: Matrimonial Suits

Objective: The essence is to intimate the students with various relief

available to a petitioner in matrimonial proceedings. The Students are
expected to know that Decree Nisi is granted before Decree Absolute.
This is generally contained in Sections 57 of the Matrimonial Causes Act,
Cap. M7, LFN, 2004.

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Study Question:
1. What is Matrimonial Suit?
2. What are the stages of Matrimonial Suits
3. What is the distinction between Decree Nisi and Decree
Absolute?

Reading List:
Margret C. Onuoha, Family Law.
E. I. Nwogugu, Family Law in Nigeria.

Week 2:
Topic: Judicial Separation

Objective: The Students are expected to understand the concept of

Judicial separation in contradistinction with the concept of divorce as
well as the effect of Judicial Separation on the parties to the
matrimonial proceedings.

Study Question:
1. What is Judicial Separation?
2. What is the correlation between Divorce and Judicial Separation
3. Can a husband commit rape against his wife while order of Judicial
Separation is extant..
4. What is the status of contract between a husband and his wife
during the subsistence of the order of Judicial Separation?
5. What are the grounds for Judicial Separation?

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Reading List:
Margret C. Onoka, Family Law.
E. I. Nwogugu, Family Law in Nigeria.

Week 3:
Topic: Restitution of Conjugal Right

Objective:- The students are familiarized with this other aspect/type

of matrimonial relief available to a petitioner. It occurs where
cohabitation has ceased and one of the parties is willing to resume
cohabitation.

Study Question:
1. What is Restitution of Conjugal Right?
2. Can a court order for sexual intercourse concurrently with
Restitution of Conjugal Right?
3. A spouse may petition for Conjugal right even where cohabitation
never exist! Comment.

Reading List:
Margret C. Onoka, Family Law. E. I. Nwogugu, Family Law in
Nigeria.

Week 4:
Topic: Jactitation of Marriage
Objective:
The object is to familiarize the students with a situation where a
person parades himself as husband or wife of another, when in fact,
he/she is not. The petitioner has a remedy in law to file action for

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Jactitation of marriage. See generally section 52 of the Matrimonial
Causes Act, Cap M7, LFN, 2004.

Study Question:
1. Explain the term Jactitation of Marriage?
2. Can a person who has validly married another file a suit for
Jactitation Of Marriag?
3. What are the conditions for a successful plea of restitution of
Conjugal right.
Reading List:
Margret C. Onoka, Family Law, E. I. Nwogugu, Family Law in
Nigeria.

Week 5:
Topic: Maintenance

Objective:
The aim is to let the students understand that maintenance is the
matrimonial aid of the family by the father. Common law and
customary stipulated that father is the head of the family and he is
under obligation to provide maintenance to the family. Where the
wife is driven away by the husband, and she has no means of
survival, she will be regarded as agent of the husband for necessaries
purchased by her.

Study Questions:
1. Can a wife who has sufficient means of her own pledge the
husband credit?
2. Explain the concept of maintenance.

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Reading List:

S. O. Tonwe and O. K. Edu. Customary Law in Nigeria

Margret C. Onoka, Family Law,
E. I. Nwogugu, Family Law in Nigeria,
Okulate v Awosanya (2000) F.W.LR Pt. 25 page 1666

Week 6:
Topic: Maintenance Continues
Objective:
The students are also expected to familiar with the facts that
maintenance also be ordered by the court in favour of the husband or
wife. This is a new innovation under Section 69 of the Matrimonial
Causes Act 2004. The concept of maintenance also includes not only
the children of the marriage but also the children adopted Spouse.

Study Question:
1. Expatiate on the innovation brought about under Section 69 of the
MCA.
2. Can a wife be ordered by the court to maintain the husband?

Reading List:
* Anoke v Mmeka (2009) All F.W.L.R Pt 468, page 279
* S.O. Tonwe and O.K. Edu. Customary Law in Nigeria
* Margret C. Onoka, Family Law,
* E.I. Nwogugu, Family Law in Nigeria.

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Week 7:
Topic: Alimony

Objective:
To enable the student appreciate the fact that the concept of
Alimony is also a kind of Financial relief / arrangement made by the
Husband for his wife.

Study Question:
1. What is Alimony?
2. With the aid of judicial authority, differentiate Alimony and
Maintenance.
3. Mention and explain the types of Alimony.
4. At What stage of Matrimonial suit is Alimony ordered by the Court.

Reading List:
S. O. Tonwe and O. K. Edu. Customary Law in Nigeria
Margret C. Onoka, Family Law,
E. I. Nwogugu, Family Law in Nigeria.

Week 8:
Topic: Custody

Objective:- The objective of this topic is to enhance the student

knowledge on whose absolute right is it among the parents to have
the custody of the children of the marriage vis-a-vis the provisions of
the Children and the Young Person Law,2004 and Matrimonial Causes
Act, 2004.

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Study Question:
1. Can a parent recover custody of a child under a writ of habeas
corpus.
2. Who has custody of illegitimate child.
3. Explain the concept of custody of children.
4. what is the paramount considerations in granting custody of
children by the court.

Reading List:
Alabi v Alabi (2008) All FWLR Pt. 418, page 245.
S. O. Tonwe and O. K. Edu, Customary Law in Nigeria.
Margret C. Onoka, Family Law.
E. I. Nwogugu, Family Law in Nigeria.

Week 9:
Topic: Custody Continues

Objective:- It is a continuation of the preceding week and objective

interalia is to consider the psychological advancement/ development
of the of a child before granting custody by the court..

Study Question:
1. Welfare of a child is not restricted to material provision; comment.
2. Comment on the attitude of the court towards granting custody of
a child to a mother who is morally imbalance.

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Week 10:
Topic: Adoption

Objective:

The objective is to familiarize the students with the procedure for

adopting a child as well as the requirements which the couples must
meet before same is granted.

Study Question:
1. What is Adoption?
2. Can adoption of a child be granted to husband without the consent
of his wife.
3. What is the state of adopted child in relation to the property of the
adopted parents?
4. Can the natural father of the adopted child reclaim him from the
putative father.

Week 11:
Topic: Parent
Objective:

The objective of the topic is to appraise the students with lawful

control exercisable on the children by the parents. There are major
rights and obligations of parent in respect of their children. The rights
include, right to control, custody, right to determine religious
upbringing and right to service.

Study Questions:
1. Explain the concept of parent under matrimonial suit.
2. What are the rights of parents on their children?

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3. In the light of 1999 Constitution of Federal Republic of Nigeria (as
amended), explain whether a parent can determine the religion of
his child after attaining the age of majority.
4. Advice a parent whose ward refused to hawk for her and beat her
to a state of unconsciousness.

Reading List:
S. O. Tonwe and O. K. Edu, Customary Law in Nigeria
Margret C. Onoka, Family Law.
E. I. Nwogugu, Family Law in Nigeria.

Week 12:
Topic: Parent Continues

Objective:
The essence of the continuation of the topic is to let the students
understand that apart from parental rights on the children, there are
duties associated with the concept of parent. These duties include
Maintenance of children, Physical protection, Education etc.

Study Question:
1. Advise the parties where a father of a child fails to pay a third
party for necessaries supplied to his infant.
2. What are the means of enforcing parental duties?
3. Is the father under obligation to maintain an illegitimate child?

Reading List:
S. O. Tonwe and O. K. Edu, Customary Law in Nigeria.
Margret C. Onoka, Family Law.
E. I. Nwogugu, Family Law in Nigeria.

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Week 13:
Methods of Grading:
S/NO. ITEM SCORE %
1 Assignment 10
2 Continuous Assessment Test 20
3 Final Examination 70
4 Total 100

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