M. Attah

The issue of mental capacity as a determinant for legal responsibility and validity has given rise to various judicial precedents and scholarly discourse within the Nigerian Legal system. Recurrently, the courts have been tasked with determining cases where the mental health of an individual is central to the case. This occurs whether in respect of assessing criminal or tortious liability or enforcing contracts. In criminal matters the argument espoused is the incapacity of an individual to form the intention necessary for the offence committed. Whereas, in contract law a person may seek to invalidate an agreement by claiming that at the time of the formation of the contract, they lacked the requisite mental capacity to understand and consider the consequences of the contractual agreement. Therefore, this study majorly examines : what legal effect mental capacity has with regards to criminal responsibility and contractual reliability respectively? What is the legislative framework in place for mental health care in Nigeria ? And lastly how effective are these legislative frameworks in relation to global mental health care standards? The rationale for modern interpretation is based on the constitutional rights of fair hearing, protection of human dignity and freedom from discrimination as provided by section 36, 34 and 42 respectively of the Constitution of the Federal Republic of Nigeria as (amended). In addition, the provision of section 17(3) of the Constitution of the Federal Republic of Nigeria (as amended), which vests the state with the duty of providing proper health care and health care facilities for individuals in Nigeria. The finding in this study shows that although laws have been enacted to cater for treatment and care of persons with mental disorders and incapacity in Nigeria, such laws do not fully cater for their rights and to a large extent does not align with modern international standards for mental health care.

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