THE LAW ON GRANTING OF CUSTODY IN DIVORCE PROCEEDINGS IN NIGERIA: AN APPRAISAL

ABSTRACT The grant of custody of a child is necessary and incidental to the very nature of divorce proceedings which seeks to preserve parents’ access, care and control of the child so that the child/ children of the marriage are not left destitute, while considering the best interest of the child. The laws on granting of custody in divorce proceedings in Nigeria are primarily governed by the Matrimonial Causes Act and Child Rights Act. These Acts recognize the child's best interest as the paramount consideration in all matters related to custody and provide for legal and physical custody arrangements. The laws on grant of custody in divorce proceedings pose a lot of challenges to the legal profession. To the student, it poses the difficult problem of comprehending the principles embedded in the right. To the individuals (divorcing parents) it poses the challenge of successfully raising or fulfilling the elements required before the court can grant custody. While to the court, it poses the difficulty of navigating through conflicting authorities and applying them to the facts of the case before them. The major aim of this essay is to appraise the laws on granting of custody in divorce proceedings, its objective is to analyse these laws and their effect in safeguarding the welfare of the children upon the dissolution of marriage. In conducting this research, the project examines existing legislations in Nigeria including the Matrimonial Causes Act, its scope is limited to Nigeria as there is no comparison between jurisdictions. This work recognizes that the laws on granting of custody in Nigeria are commendable since it places paramountcy on the best interest and welfare of the child without regard to gender, ethnicity, or other biases. It recommends that the laws should be amended to properly define custody and provide factors which may vitiate grant of custody. It further recommends the judicious application of the discretionary powers vested on the High Court to grant custody, the provision of a welfare report during custody proceedings and the use of Alternative dispute resolution mechanism in custody proceedings.