October 16, 2025

THE RIGHTS TO CONSORTIUM IN NIGERIA: ULTIMATE THINGS YOU NEED TO KNOW

by Ekosolicitors

INTRODUCTION TO RIGHTS TO CONSORTIUM IN NIGERIA

The right of consortium is a common law term deeply rooted in family law and recognised within the Nigerian jurisprudence although not extensively developed. Basically, it represents what a spouse enjoys by virtue of a ‘ bundle of rights, some hardly capable of precise definition’.

The right of one spouse to another is sometimes referred to as consortium et servitium. It covers both emotional and functional aspects and covers the totality of marriage beyond its formal existence. Historically, this right was only available to husbands, but modern law has evolved to allow both spouses seek damages for loss of consortium.

WHAT IS CONSORTIUM

The term “consortium” originates from the latin word “consors”, meaning “sharing together”. In legal parlance the right of consortium is not capable of a precise definition but is often described as the ‘benefit one spouse is entitled to receive from another including companionship, co-operation, affection, aid, financial support and sexual relations’.

Generally, these rights and duties are more matters of common knowledge than the subject of legal definition. Thus, the right of consortium ensures that marriage is not treated with levity but as a union of mutual affection. Its denial contributes to a ground for legal wrong for which remedies may be sought. Consequently, interference with consortium by a third party constitutes an actionable wrong and gives rise to damages.

RIGHTS OF CONSORTIOUM IN NIGERIA

In Nigeria the right of consortium is not expressly codified in any statute, however, it is implied in several legislative and judicial contexts. The islamic and customary law acknowledges this principle that marriage creates mutual obligations. This principle aligns with the broader common law interpretation of consortium as a personal right derived from the marital relationship.

In Nigeria, the right of consortium becomes particlarly relevant in tort actions, especially in cases involving personal injuries. When one spouse suffers injury due to the negligence of a third party, the other spouse may have a claim for loss of consortium.

COMPONENTS ON THE RIGHT OF CONSORTIUM

The right of consortium in Nigeria constitutes several elements which embodies the essence of marital unity :

Duty to Cohabit: Spouses have a legal duty to cohabit although this duty is not absolute but subject to the circumstances of the parties. Cohabitation does not necessarily imply the man and the woman living together under the same roof. Nonetheless, the spouses are regarded as cohabiting in the wider sense. Withdrawal from cohabitation may result in desertion which may manifest as physical withdrawal from the matrimonial home or wilful separation depending on context.
Sexual Intercourse: Consummation is an important aspect of marriage. The duty to have sexual intercourse during marriage does not end with its consummation, it spans throughout the marriage. A spouse rights to sexual intercourse must be exercised reasonably and with regards to the health of the other. Consequently, there is no duty to submit to excessive sexual demands which may be detrimental to ones health. As such, inordinate sexual demands or refusal to have intercourse may be brought as evidence of irretrievable breakdown of marriage under Section 15(2)(c) of the Matrimonial Causes Act.
Mutual Defence: The law permits every individual to use reasonable force to defend himself aginst an assault. Thus, a spouse may use the necessary force needed to defend the other spouse who is assaulted. Section 32(3) of the Criminal Code guarantees such protection.

LOSS OF CONSORTIUM

Loss of consortium is a legal claim for the loss of a relationship’s benefits, such as companionship, affection, and support due to a loved one’s injury or death or where a third party is having an affair with one of the parties. One of the most significant implications of the right to consortium arises in a claim for loss of consortium. This refers to a situation whereby a spouse suffers personal injury due to wrongful act or negligence of another, thereby depriving the other spouse the benefits of consortium.

Therefore loss of consortium is a derivative claim that depends on the right of the injured spouse to recover for the wrongful act. If the main action fails, the consortium also fails.

ARGUMENTS AND CRITICISM

The right of consortium remains an important aspect of marital law as it ensures that spouses are compensated when wrongful acts deny them of companionship. Proponents of this right argue that it protects the sanctity of marriage, promotes accountability and provides recognition for emotional harm. On the contrary, critics contend that consortium is often subjective and open to abuse. They claim that its traditional and gendered origin of marital expectation does not reflect modern relationships. Consequently, its application must balance emotional justice with practicability.

CONCLUSION TO RIGHTS TO CONSORTIUM IN NIGERIA

In conclusion, the rights of consortium bridges the gap between emotional and legal dimensions of marriage. It underscores the legal recognition that marriage is the right of one spouse to the companionship, affection and sexual relations of the other spouse to the exclusion of others. A refined and gender neutral approach would strengthen its purpose allowing consortium to remain a practical element of Nigeria’s evolving family law system.

CONTRIBUTORS