Supreme Court Rules Fathers Must Support Wives and Children Regardless of Marital Status

The Supreme Court of Nigeria has issued a landmark ruling stating that fathers are legally obligated to provide financial support for their wives and children, irrespective of the status of their marriage—be it ongoing or dissolved.

In a pivotal judgment delivered on July 4, 2025, in the case of Ugbah & Ors v. Ugbah (2025) LPELR-8173(SC), the apex court decisively clarified that both wives and children possess the right to claim maintenance, welfare, and educational support without the prerequisite of filing for divorce. This ruling addresses a critical gap in family law, reinforcing the rights of dependents and ensuring that they receive necessary support.

The case arose when Mrs. Veronica Ugbah brought legal action against her husband, Mr. Patrick Ugbah, seeking financial assistance for daily upkeep, funds for their children’s education, and alternative housing. Mr. Ugbah contested these claims, asserting that such financial responsibilities could only be addressed within the framework of the Matrimonial Causes Act, which typically requires a formal divorce or legal separation to initiate maintenance claims.

Initially, the High Court dismissed Mr. Ugbah’s objection, upholding Mrs. Ugbah’s right to seek support. However, the Court of Appeal later overturned this ruling, leading to a further appeal by Mrs. Ugbah to the Supreme Court. In a comprehensive review, the Supreme Court reversed the Court of Appeal’s decision, establishing several key principles:

1. Access to Maintenance: Wives are entitled to request maintenance without the necessity of filing for divorce, thus ensuring their financial rights are protected regardless of marital status.
2. Rights of Children: The rights of children to welfare and education are distinct and can be pursued independently by either parent. This affirms that children can seek support directly without being caught in marital disputes.
3. Focus on Substantial Justice: The court emphasized that substantial justice should take precedence over procedural technicalities in family law, advocating for the welfare of vulnerable family members.

This ruling reinstates the original decision of the High Court and reaffirms the legal and moral obligations of fathers to provide for their families. It marks a significant evolution in family law in Nigeria, providing robust protections for dependents and improving access to justice for those who may otherwise remain vulnerable in financial matters. The decision is expected to have a profound and lasting impact on the rights of dependents and the enforcement of financial responsibilities in family dynamics across the country.