CRITICAL ANALYSIS OF THE DECREE OF RESTITUTION OF CONJUGAL RIGHTS AS A MATRIMONIAL RELIEF IN NIGERIA

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.