The Concept of Domicile in Matrimonial Causes in Nigeria: A Critique of the Status Quo

Abstract

Proof of domicile is a condition precedent to the assumption of jurisdiction by High Courts in Nigeria. Under the Nigerian legal framework, it is the husband's domicile that matters in matrimonial causes. The wife is incapable of independent domicile.  Women have always suffered untold hardship because of this rule. The husband seems to be at liberty to institute matrimonial proceedings anywhere he is domiciled with disregard to the wife's convenience. This research highlighted the difficulties confronting women as a result of this gender-insensitive mode of determining domicile in a matrimonial dispute. The paper employed the black letter research methodology and comparative learning to develop more effective and acceptable tests for determining domicile in matrimonial causes in Nigeria. This research concludes by recommending that the parties to the marriage's connecting factors, such as residence and convenience should be used in determining jurisdiction as opposed to solely the husband's domicile.