This decision - I pray it stands in the higher courts - will go a long way in checkmating our greedy Nigerian men from the unchecked culture of forceful eviction of their wives from their matrimonial homes, without due compensation. It is sickening. And I salute the courage of the presiding Judge.
Staying a home Mom (bearing and rearing your kids, fixing your meals, and doing the housework) is a full-time job, deserving commensurate compensation in the event of separation or total annulment of the union. That is the law in the US. The acquired property during the marriage remains marital property or community property as it is called in the state of California, subject to equitable distribution.
Why our learned colleagues (especially the ladies) as well as those in the classrooms have not taken up the issue over the years and updated our Family Law according, is stupefying. That a Lawyer would now have to dig into the Married Woman Property Act of 1882 to make a case for his client is the height of creativity and doesn't tell good of our legal system.
A few months ago, I saw a similar story in the newspaper of an Esan Billionaire from Ewatto who kicked his first wife of many years out of their matrimonial mansion in Lagos and went ahead to marry his younger and prettier Secretary. He didn't even allow the now old first wife to take control of the smaller house in Benin City or make provision for her accommodation elsewhere. So, I think it's high time the NBA takes up that issue of equitable distribution of marital property between the parties after divorce or separation, even if it means rewriting the entire Family Law.
Anyway, please, I did not take Family Law at Ekpoma, so I hold and share these views believing that our Nigerian Family Law is silent on the question of adequate compensation or disbursement of marital property in favour of our women during divorce proceedings.
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