A recent judgment delivered by the Lagos State High Court has sparked renewed national conversation about marriage validity, inheritance rights, and widespread misunderstandings surrounding separation and cohabitation in Nigeria’s legal system.
The ruling, delivered by Justice Oluwayoyin Odusanya on March 13, 2026, in a prolonged estate dispute involving the late Dr. Tosin Ajayi, founder of First Foundation Hospital, has become a landmark reference point for family and probate law. The case, which lasted nearly five years, centered on a single but complex question: who is the legally recognized wife entitled to administer the estate of the deceased?
Dr. Ajayi passed away on April 26, 2020, and his death was initially met with nationwide tributes due to his contributions to Nigeria’s private healthcare sector. However, the mourning period quickly shifted into a legal battle involving two women, their children, and a multi million naira estate that included business interests, property holdings, and hospital assets.
What began as a private family dispute evolved into a significant legal contest that exposed deep gaps in public understanding of marriage under Nigerian law.
At the heart of the matter were two competing claims. The first was from Dr. Ajayi’s legally wedded wife under statutory marriage, who asserted that although they had been separated for years, their marriage had never been formally dissolved by any court. The second claim came from a woman who had lived with the deceased for several years, bore him children, and was widely regarded in social circles as his partner and wife.
Both women presented strong emotional and factual arguments. However, the court emphasized that sentiment, long term cohabitation, and social recognition do not override statutory requirements under Nigerian law.
The judgment reaffirmed a critical legal principle that continues to generate confusion among many citizens: separation does not terminate a statutory marriage, and cohabitation does not automatically create a lawful marriage.
According to the court, Dr. Ajayi and his first wife had separated physically and lived independent lives for many years. Despite this, no formal petition for divorce was filed, and no decree nisi or decree absolute was granted under the Matrimonial Causes Act. The court stressed that only a judicial decree can dissolve a statutory marriage, regardless of how long the couple has lived apart.
Justice Odusanya stated that emotional separation, however long it persists, does not equate to legal dissolution. The ruling clarified that the marriage between Dr. Ajayi and his first wife remained valid and subsisting at the time of his death.
The second woman’s claim faced a more complex legal challenge. Evidence presented before the court revealed that she had been previously married to another man under statutory law at the time she entered into a relationship with Dr. Ajayi. Under Section 47 of the Matrimonial Causes Act, any subsequent marriage contracted while a valid statutory marriage exists is void from the outset. The court therefore ruled that her union with the deceased had no legal standing.
The judgment also addressed inheritance claims involving children from both relationships. The court held that while all biological children of the deceased are entitled to inherit from the estate under the Administration of Estates Law, the distribution of assets must follow statutory guidelines. Children, whether born within or outside a legally recognized marriage, are entitled to share in the estate, but marital rights apply only to a legally recognized spouse.
The first wife was therefore declared the sole lawful spouse of the deceased. She was granted the exclusive right to apply for Letters of Administration and entitled to the statutory spousal share of one third of the estate, while the remaining two thirds would be distributed equally among all the children.
The court’s decision has sparked widespread discussion among legal practitioners, civil society groups, and members of the public. Many observers say the ruling highlights persistent misconceptions about marriage practices in Nigeria, particularly the intersection between customary and statutory systems.
One of the key clarifications from the judgment is the absolute nature of monogamy under statutory marriage law. Once a marriage is contracted under the Marriage Act, it remains legally binding until formally dissolved by a court. Any attempt to contract another statutory marriage without dissolution of the first is considered invalid, regardless of cultural acceptance or social practice.
The court further distinguished between customary divorce and statutory divorce, noting that while customary marriages may be dissolved through traditional processes such as the return of bride price, statutory marriages require formal judicial proceedings. Failure to obtain a court ordered divorce means the legal bond remains intact.
Another major takeaway from the ruling is the importance of estate planning. Dr. Ajayi died intestate, meaning without a valid will. This triggered automatic application of inheritance laws, leaving the court to determine asset distribution based strictly on statutory formulas. Legal experts note that a properly drafted will could have provided clearer arrangements for all dependents and potentially prevented years of litigation.
The case has since been widely cited as a cautionary example for individuals in long term relationships that are not legally formalized. It also serves as a reminder that emotional separation, cohabitation, or cultural ceremonies do not replace legal requirements under Nigerian matrimonial law.
Legal analysts argue that the judgment reinforces the need for public education on marriage laws, particularly in urban centers where informal unions are increasingly common. It also underscores the importance of verifying marital status before entering into new relationships and ensuring proper legal dissolution before remarriage.
In conclusion, the Lagos High Court ruling stands as a definitive statement on the legal boundaries of marriage and inheritance in Nigeria. It confirms that only a court of competent jurisdiction can dissolve a statutory marriage, and that cohabitation, regardless of duration or social recognition, does not confer spousal rights.
The case of Dr. Tosin Ajayi has now become more than a family dispute. It is a legal lesson that continues to resonate across the country, reminding citizens that in matters of marriage and inheritance, the law is guided not by emotion or perception, but by formal documentation and judicial authority.
