and to provide assistance in deserving cases. In Nanna v. Nanna (2006) 3 NWLR
Pt. 966 page 1 at 41 Abba Aji J.C.A. said on the duty of Husband to maintain his
wife and children thus:- "The law has clearly provided for the criteria to be
followed. A man has a common law duty to maintain his wife and his children and
such a wife and child or children have a right to be so maintained. The right of a
wife and child to maintenance is not contractual in nature. The husband is obliged
to maintain his wife and may by law be compelled to find them necessaries, as
meat, drink, clothes et cetera, suitable to the husband's degree, estate or
circumstance."Per ABOKI, J.C.A.(Pp. 14-15, paras. A-A) (...read in context)
ABDU ABOKI, J.C.A. (Delivered the Leading judgment) This Appeal is against the
decision of the High Court of the Federal Capital Territory Abuja delivered by O.O.
Goodluck J. dated 18th February 2008. The fact of this case in brief is that the
Petitioner married the Respondent at the Immanuel Baptist Church, Akeetan, Oyo
State on the 4th June, 1994. From that date, they lived together as man and wife
in Flat 11, Block 2, Section 2, Badagry Street in Area 2, Abuja.
In December, 2002, the Respondent brought in a woman to live with them in their
matrimonial home in a relationship which according to the Petitioner bore the
semblance, of a "marital relationship". The trio could not live together amicably,
life became unbearable for the Petitioner who found her matrimonial home
unconducive. The Petitioner alleged that she was occasionally physically and
verbally assaulted by the Respondent besides, financial assistance from the
Respondent was grounded to a halt hence she had to cater for herself and the
only issue of the marriage.