Dr. Monday O. Ubani, SAN, a prominent legal practitioner and public affairs analyst has hailed the Court of Appeal’s decision in Aguolu v. Aguolu (2025) LPELR-80269(CA) as a doctrinally sound reaffirmation of Nigerian matrimonial law, dispelling the widespread misconception of an automatic 50:50 division of matrimonial property upon divorce.
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In a statement issued yesterday, Ubani, who completed an advanced course on the Matrimonial Causes Act at Babcock University in 2024 under Prof. Dorcas Odunaike, emphasized that the judgment aligns with Section 72 of the Matrimonial Causes Act (MCA) and established judicial precedents.
Ubani clarified that Section 72 MCA empowers courts to make property adjustment orders based on what is “just and equitable,” considering financial and non-financial contributions, the welfare of children, and other relevant circumstances. “Nowhere in the MCA is there a mandate for an automatic or equal division of matrimonial property,” he stated, stressing that courts exercise discretion anchored in evidence of each party’s contributions, whether tangible or intangible.
Debunking the “fallacy of a 50:50 presumption,” Ubani noted that the Supreme Court has consistently rejected equal division as a default rule, prioritizing equity over equality. He referenced cases like Oghoyone v. Oghoyone (2010), which sparked public debate but lack binding authority, and cautioned against misinterpretations of such decisions. Unlike the UK’s Matrimonial Causes Act 1973, Nigerian law does not adopt a fixed formula for asset division, maintaining a case-by-case, equity-based approach.
The Aguolu v. Aguolu ruling, Ubani argued, reinforces that mere marriage does not confer automatic entitlement to an equal share of property. “Contribution—whether financial, emotional, or homemaking—must be proven,” he said, praising the Court of Appeal for upholding judicial discretion guided by fairness. He warned against frivolous appeals to the Supreme Court, describing them as potential professional misconduct if driven by misapprehensions.
Ubani urged lawyers and litigants to embrace the clarity of Section 72 MCA and educate the public on Nigeria’s family law principles, which reject imported notions of automatic parity. “This judgment is legally sustainable and a beacon for equitable adjudication,” he concluded.
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