Author(s): (Mrs.) Soibi George-Ibikir & Dr. Mabel O. Izz | Vol. 22 (1) April, 2025
Abstract
Restitution of Conjugal Rights (RCR) is one of the matrimonial reliefs available under Nigerian law, aimed at compelling a spouse who has abandoned the matrimonial home without just cause to resume cohabitation. Rooted in English ecclesiastical law and aimed at preserving marital harmony, the RCR remedy was inherited through colonial influence and codified in Nigeria’s Matrimonial Causes Act, 1970. However, the relevance and practicality of RCR in modern Nigeria has been heavily and widely criticized for its incompatibility with contemporary legal standards, human rights principles and practical enforceability. The remedy raises serious constitutional concerns, particularly regarding the right to personal liberty and freedom of association guaranteed under the 1999 Constitution. Judicial enforcement of RCR is often impractical, as compelling a spouse to resume cohabitation can violate fundamental human rights. It is the aim of this article using the doctrinal research methodology to provide a critical analysis of RCR as a matrimonial relief in Nigeria. It is the finding of this paper that there are challenges associated with enforcing such an order, particularly regarding personal liberty, gender bias, and ethical concerns. By comparing Nigeria’s legal position with other jurisdictions such as the United Kingdom (which abolished RCR) and India (where it remains contentious), the article argues for the need for reform or abolition of this remedy to align with modern human rights standards and societal realities. Finally, the article concludes by offering practical recommendations to abolition or substantially reform RCR in Nigeria’s matrimonial law.
Keywords: Restitution of conjugal rights, cohabitation, matrimonial relief, judicial enforcement, alternative dispute resolution.