MICHAEL ATTAH

The dissolution of statutory marriage in Nigeria is governed by the Matrimonial Causes Act, which recognises irretrievable breakdown of marriage but still requires proof of fault facts. This requirement has generated significant legal and practical challenges, particularly in relation to desertion, which remains one of the most technical and contentious fault facts. Desertion consists of the willful and unjustified cessation of matrimonial cohabitation by one spouse without consent, reasonable cause, and with the intention of permanently terminating cohabitation. This study examines the problems of fault facts in the dissolution of statutory marriage in Nigeria, with a specific focus on desertion. The objectives of the study are to examine the conceptual and theoretical foundations of marriage and its dissolution, analyse the legal and institutional framework governing dissolution of statutory marriage in Nigeria, and critically evaluate desertion as a fault fact, including its elements, statutory requirements, and evidential challenges. The study further assesses judicial attitudes and relevant case law on desertion, as well as the broader implications of a fault-based divorce regime. The study adopts a doctrinal research methodology, relying on statutory provisions, judicial decisions, textbooks, and scholarly literature. The study finds that the technical requirements for proving desertion, particularly animus deserendi and the absence of justification, often frustrate genuine claims and prolong irretrievably broken marriages. It concludes by recommending a reconsideration of the continued reliance on fault facts under Nigerian matrimonial law in favour of a more flexible and realistic approach to marital breakdown.