shall be determined inter alia by - "(a) The means of the parties, which has been
interpreted to mean capital assets of the parties including contingent and
respective assets. See Damulak v. Damulak (2004) 8 NWLR Pt. 874 page 157, at
171-172. (b) The earning capacity of the parties (c) Conduct of the parties to the
marriage (d) Other relevant consideration may include - (i) the existence or non
existence of children (ii) the age of the children (iii) the station in life of the
parties and their life styles (iv) Inflationary aspect of cost of living See Hayes v.
Hayes (2000) 3 NWLR Pi. 648 page 276: Akinbuwa v. Akinbuwa (1998) 7 NWLR Pt.
559 at page 601: Nanna v. Nanna (supra)." Per ABOKI, J.C.A. (P. 16, paras. A-F)
(...read in context)
3. FAMILY LAW - WIFE AND CHILD MAINTAINANCE: Whether a husband has a
duty to maintain his wife and child
"A husband has a duty under the common law to maintain his wife and his
children.It is the right of the wife and the child to demand that they be so
maintained. Where a husband neglects to discharge his responsibility of
maintaining his wife and children he can be compelled by law. The duty to provide
maintenance entails the provision of food (balanced diet), clean water, clothing
and shelter by the husband. A man who discharges this duty efficiently acquires
for himself the title or appellation of Bread Winner. The importance of providing
necessaries to the family is captured by the Constitution of the Federal Republic
of Nigeria 1999 under Section 17(3)(h) which enjoins the State to encourage the
promotion of family life.. It also stipulates under Section 17(3)(f),{g) that the State
has a duty towards ensuring that children are protected against material neglect