EXAMINATION OF THE ISSUES OF INDEPENDENT ACTIONS

This research critically examines the issues surrounding independent actions for maintenance under the Matrimonial Causes Act 1970 (MCA 1970). The study was motivated by the persistent ambiguity in section 70 of the Act, which empowers courts to make maintenance orders but fails to indicate whether such proceedings may be instituted independently of principal matrimonial causes such as divorce, nullity, or judicial separation. This legislative gap has generated conflicting judicial interpretations and inconsistent enforcement across Nigerian courts. The research adopts a doctrinal legal methodology, relying on statutory analysis, case law, and comparative examination of other jurisdictions. It also draws on relevant international conventions, including The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to assess Nigeria’s compliance with global standards. Findings reveal that the MCA 1970, though a landmark statute, is inadequate in addressing the realities of family maintenance in contemporary Nigeria. The absence of express statutory provision for independent maintenance actions has resulted in divergent judicial opinions, procedural confusion, and limited access to justice for vulnerable spouses and children. The Act further restricts its application to statutory marriages, thereby excluding those contracted under customary and Islamic law, contrary to the constitutional principle of equality. Comparative analysis shows that jurisdictions such as the United Kingdom, South Africa, Canada, and Australia expressly recognise and regulate independent maintenance proceedings as a distinct legal right. The study recommends a comprehensive legislative reform of the MCA 1970 to expressly provide for independent maintenance proceedings, extend protection to all forms of marriage, and establish specialised family courts or maintenance divisions for effective adjudication and enforcement. It further proposes the introduction of clear procedural rules, periodic review of maintenance orders, and stronger enforcement mechanisms such as attachment of earnings and garnishee proceedings. In conclusion, the research asserts that recognising independent maintenance actions under Nigerian law is imperative for ensuring
access to justice, gender equality, and the protection of the welfare of spouses and children. The proposed reforms would align Nigeria’s maintenance framework with international best practices and enhance the delivery of family justice in the modern legal system