Senior Advocate of Nigeria and human rights advocate, Dr. Monday O. Ubani, has issued a detailed and respectful response to a rejoinder written by Mrs. S.U. Ibrahim, a homemaker from Kaduna, who had earlier expressed concern over his comments on the Court of Appeal’s decision in Aguolu v. Aguolu (2025) LPELR-80269(CA).
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Mrs. Ibrahim had passionately argued in favour of adopting a 50/50 property division principle in divorce settlements, especially in recognition of the “invisible contributions” of full-time homemakers. Her rejoinder sparked wide conversation on gender equity and matrimonial justice in Nigeria.
Dr. Ubani, while applauding Mrs. Ibrahim’s courage and insight, clarified that his position was not a dismissal of homemakers’ roles but a reflection of the existing legal framework under Section 72 of the Matrimonial Causes Act. This section grants Nigerian courts discretionary powers to determine what is “just and equitable”, a standard that includes both financial and non-financial contributions.
“The false narrative that Nigerian courts disregard the work of homemakers is not supported by the law or its application,” Dr. Ubani wrote. Citing Oghoyone v. Oghoyone, he noted that courts have, in practice, recognized the value of domestic and emotional labour.
He cautioned against blindly importing the UK’s 50/50 formula into Nigeria, noting that fairness must be assessed contextually. “What is progressive is not necessarily what is rigidly equal, but what is contextually fair,” he emphasized, adding that courts rightly consider the length of marriage, the presence of children, and mutual contributions before making property division orders.
Acknowledging Mrs. Ibrahim’s concerns about the burden of proof on homemakers, Dr. Ubani called for reforms in judicial procedure and training to better account for informal contributions. He emphasized that Nigerian law already allows for such recognition. What is needed, he said, is consistent and informed application by the judiciary.
Dr. Ubani also advocated for several reforms, including:
- Stronger judicial training on evaluating non-financial contributions
- Increased access to legal aid for vulnerable spouses
- Better documentation and record-keeping within marriages
- A cultural shift within the legal profession to boldly defend the rights of homemakers
In closing, he said, “Our legal system, though imperfect, does not punish homemakers. Rather, it gives room for their voices to be heard when presented properly. The call, therefore, is not for a blind 50/50 rule but for a legal culture that ensures the full dignity of women like you is recognized and preserved.”
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