In Nigeria, custody decisions are guided by one paramount principle -the best interest of the child. Joint custody preserves the child’s relationship with both parents while promoting stability and balanced development, with courts focusing solely on the child’s welfare above all other considerations.
The Court of Appeal’s decision in Adekunle & Ors v. Ahmad (2025)[10] and the decision in Mohammed v. Mohhamed [11]marks a significant turn-around in Nigerian family law. Whether or not the position of the court in these cases has accurately interpreted the mind of the law makers when drafting sec 35 of the Marriage Act is arguable. Whether the court should have applied the mischief rule as opposed to the literal interpretation used is still a debate. However, until the Supreme Court being the apex court makes a contrary decision to that of the Court of Appeal, the decision in Adekunle & Ors v. Ahmad (2025) remains the law.
