Supreme Court Rules on Maintenance Without Divorce Petition

On July 4, 2025, the Supreme Court of Nigeria, sitting in Abuja, addressed a case concerning maintenance, welfare, and education without a divorce petition. The appellants, represented by John Iyang Okoro, Tijjani Abubakar, Habeeb Adewal Olumuyiwa Abiru, Jamilu Yammama Tukur, and Moham Baba Idri, challenged the preliminary objections raised by the respondents regarding the jurisdiction of the court.

The trial court had previously dismissed these objections, holding that the claims did not constitute matrimonial causes under Section 114 of the Matrimonial Causes Act (MCA). The Supreme Court ruled that the claims for maintenance and welfare are independent of divorce proceedings and should be initiated under the appropriate legal framework.

The court emphasized that the relief sought by the appellants did not fall within the definitions of matrimonial causes as outlined in the MCA, thus allowing the appeal and affirming the right to seek relief for maintenance and welfare independently.