A Professor of Private and Property Law at the University of Lagos, Professor Oluwakemi Adekile, has called for a comprehensive overhaul of Nigeria’s legal framework governing matrimonial property rights, arguing that the current system leaves many spouses vulnerable to injustice, particularly upon the dissolution of marriage.
Professor Adekile made the call while delivering the 461st Inaugural Lecture of the University of Lagos titled, “Unequally Yoked: Matrimonial Property Rights Not a Promise of Law,” at the J.F. Ade Ajayi Auditorium on Wednesday.
The legal scholar examined the challenges surrounding matrimonial property rights under statutory marriages and cohabitation arrangements in Nigeria, noting that despite significant reforms in customary law, little attention has been paid to the legal regime regulating property ownership and distribution between spouses.
According to her, matrimonial property disputes in Nigeria are often resolved using general property law principles that fail to account for the unique realities of marriage and family life.
She observed that the absence of a comprehensive legal framework has resulted in inequitable outcomes for many spouses, especially women, whose indirect contributions to family wealth are frequently overlooked.
While acknowledging the discretionary powers available to judges in matrimonial disputes, Adekile maintained that property rights within marriage should be clearly protected through legislation rather than relying solely on judicial interpretation.
The professor reviewed major matrimonial property systems, including separate property and community property regimes, concluding that neither model offers a perfect solution. She advocated a balanced legal framework that reflects contemporary family realities and promotes fairness between spouses.
Adekile identified several gaps in Nigeria’s existing laws, including the lack of legal recognition of the matrimonial home, inadequate assessment of spousal contributions, absence of legal provisions regulating marital agreements, and outdated statutes governing property settlements.
Drawing lessons from countries such as Ghana, Uganda, and the United Kingdom, she noted that many jurisdictions have adopted more equitable approaches through constitutional guarantees, statutory protections, and redistributive powers designed to ensure fairness within marriage.
She argued that structural inequalities embedded in Nigeria’s legal system continue to leave many couples “unequally yoked” in matters of property ownership and protection.
To address these concerns, Adekile proposed the enactment of a comprehensive Family Law Act that would clearly define matrimonial property, recognise both direct and indirect spousal contributions, protect rights relating to the matrimonial home, and provide legal backing for pre-nuptial and post-nuptial agreements.
She also called for the ratification and domestication of relevant international human rights instruments relating to family law and urged greater academic engagement with matrimonial property rights issues.
The inaugural lecture attracted academics, legal practitioners, policymakers, students, family members, and other stakeholders interested in family law reform and gender justice.
Professor Adekile, who joined the University of Lagos in 1998 and attained the rank of professor in 2021, is widely recognised for her contributions to family law, gender studies, and private law scholarship. She is the author of several publications, including Family Law (2024), and has contributed to legal reforms and policy development in Nigeria through research, teaching, and public service.
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