The Supreme Court of Nigeria has reaffirmed that fathers remain legally obligated to support their wives and children irrespective of whether a marriage is dissolved or ongoing.
The apex court made the pronouncement in a judgment delivered on July 4, 2025, in Ugbah & Ors v. Ugbah (2025) LPELR-8173(SC), which clarified the right of wives and children to claim maintenance, welfare, and educational support even while a marriage subsists.
The case arose when Mrs. Veronica Ugbah sued her husband, Mr. Patrick Ugbah, seeking financial support for her upkeep, the education of their children, and alternative accommodation.
Mr. Ugbah, through his counsel, objected to the suit, arguing that such claims could only be made under the Matrimonial Causes Act that is, through a divorce or separation petition and not by a regular writ of summons.
The High Court dismissed the husband’s objection, affirming that the wife’s claim for maintenance and the children’s welfare was competent. However, the Court of Appeal reversed that decision, holding that only a petition under matrimonial law could properly bring such claims before a court.
Delivering its judgment, the Supreme Court disagreed with the Court of Appeal, emphasizing that:
Accordingly, the Supreme Court allowed the appeal, restored the High Court’s ruling, and declared the wife and children’s claims as competent and enforceable.
This ruling is seen as a major victory for family law and the protection of dependents in Nigeria. It reinforces that:
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