CHILD CUSTODY AFTER DIVORCE AND CHILD MAINTENANCE IN NIGERIA

INTRODUCTION
The child custody upon and after divorce when discussed under the Nigerian law perspective primarily rested on what is of the best interest of the child. It suffices here that once the best interest of the child is determined the court will always hang its pronouncement on it.

 NB; A child in this regard is a minor (have not attained 18^th years of age) as defined under THE CHILD RIGHTS ACT and its ENFORCEMENT PROCEDURE RULES of 2013.

Hence custody proceedings will not suffice if any offspring of the marriage who has attain the age of maturity under the Nigerian Law (18 years), in such instance the person has the ultimate right to choose whom of the parents to live with.

The term ‘custody’ itself is not defined in the Matrimonial Causes Act. However, in Black’s Law Dictionary, custody of children is defined as
“The care, control and maintenance of a child which may be awarded by a court to one of the parents as in a divorce or separation proceeding”.
Section 7(1) Matrimonial Causes Act provides:
“In the proceeding with respect to the custody, guardianship, education, advancement or welfare of children of the marriage, the court shall regard the interest of those children as the paramount consideration and subject thereto the court may make such order in respect to those Matters as it thinks proper. Any of the parents who gets the custody of a child after divorce depends on several of factors.

• INTEREST OF CHILDREN
What constitutes “interest of children” which a court must consider before making an order of custody?
There is no stated rule of what constitutes interest of a child. It will depend on the circumstances of each case. Karibi-Whyte JSC in the case of Williams v. Williams observed as follows:
“The determination of the welfare of a child is a composite of many factors. Consideration such as the emotional attachment to a particular parent, mother or father; the inadequacy of the facilities, such as educational, religious, or opportunities for proper upbringing are matters which may affect determination of who should have custody”.
• DUTY OF COURT IN DETERMINATION OF INTEREST OF THE CHILD
In the determination of the interest of the child in making a custody order, the court will take into consideration the ages of the children; the arrangements made for their accommodation (whom had lived with them till the time the divorce petition was made), education, welfare and general upbringing, as well as the conduct of the persons asking for the custody. By and large, factors the court may consider in granting the custody of a child include the followings:

i. Age and Sex of the Child
Age: there is no written law on the issue of who gets custody of a child after divorce, in fact its determination is basically on the findings and discretion of the court as the court has a mind of its own and obviously wouldn’t grant custody of an innocent child to a drunkard father or wayward mother. Doing so is setting fire to dynamite. The fact that a child is of a tender age does not necessarily mean that his/her custody will always be granted to the mother but the court will readily do so if it is in the interest of the child.
The law does not lay down any rule or principle which the court is bound to observe. However, whether a court will follow the general belief that it is better the custody of very young children (those still breast feeding) are left for their mother will depend on the circumstances of the case.

Sex: it is generally believed that girls should be in the care of their mothers and boys with their fathers. Again there is no rule of law in that respect which the courts are bound to observe. It will depend on the circumstances of the case but these is really of no relevance.

ii. The Wishes of the Child
In some cases, the judge in a custody proceeding may interview the affected child privately particularly where the child has attained an age when he/she is capable of expressing his/her wishes.
However, the child’s view may emerge from welfare reports and will be taken into account. The court usually treats the wishes of the child with caution as this may be coloured either by his age or a parent’s influence.
iii. Education and Religion
The court usually gives consideration to the advantages and disadvantages of any arrangement for the education and religion of the child. Matters of religion affect the welfare of the child and courts are anxious to ensure that whatever decision is reached in this respect reflects the child’s best interest.
iv. Conduct of the Parties
The conduct of the parties to the child is a matter to be taken into account in determining what the best interest of the child is. However, a parent may not be deprived of custody merely because of his or her conduct which might have contributed to the breakdown of the marriage. The court’s discretion must not be exercised as a punishment for one party or a reward for the other party.
v. Adequacy of Arrangement for the Child
Where a party seeks the custody of a child of the marriage, he/she is required to set out the proposed arrangement for accommodation, welfare, education, upbringing and other arrangements of the child. Unless the party sets out these facts, the court may be reluctant to consider the question of custody in favour of such party.
It should be emphasized that the mere fact that a spouse has material wealth cannot per se be regarded as being in the best interest of a child of the marriage. But the fact that one spouse is in a much better financial position to bring up the child and to provide him or her better accommodation may be decisive. Also, the party who is in a better position to offer the child good accommodation may be preferred.
vi. Medical and Psychological Factors
If custody of a child has been with a parent for a considerable period of time, care must be exercised in the change of the custody. This may result in
psychological harm to the child. In such a case, the court may order that the custody remains with the parent already taking care of the child.
vii. Nationality of Parent
The courts would not discriminate between a Nigerian or Non-Nigerian parent in an award of a child custody. The primary consideration is the welfare of the child.
viii. Equality of Parents
Equality of parents presupposes that either parent may be entitled to custody of the child. The court is not entitled to prejudge which party will have custody before considering the interest of the child.
• DISCRETIONARY POWERS OF THE COURT IN CUSTODY CASES
From the provision of Section 71(1) of the Matrimonial Causes Act, it will be appreciated that the Court has a wide discretion in custody matters. The Court has the discretion to make such order in respect of custody, guardianship, welfare, maintenance, advancement or education of the child as it thinks fit.
• THE ROLE OF WELFARE OFFICERS IN CUSTODY CASES
Section 71(2) of the Matrimonial Causes Act provides that:
“The court may adjourn any proceedings within subsection(1) of this section until a report has been obtained from a welfare officer on such matter relevant to the proceedings as the court considers desirable and any such report may thereafter be received in evidence”.
The report of the welfare officer is expected to cover all aspects of the life and welfare of the child in question. The relationship of the child with the parents and other arrangements for the welfare and education of the child should also be included in the report. This will assist the court in making its order.
• TYPES OF CUSTODY ORDERS THE COURT MAY MAKE
There are various custody orders which the court may make depending on the circumstances of the case. At all times, however, the court shall have regards to the interests of the child as the paramount consideration. The custody orders the court may make include:
I. Divided Custody
This is a situation where the child lives with each parent part of the year with reciprocal visitation privileges. At the time the child is in custody of one of the parents, he/she has complete control over the child.
II. Split Custody
In this case, the court grants custody to one parent and care and control to the other. The result is that the parent vested with custody has the power to control the major decisions of the child’s future while the other parent controls the day-to-day physical upbringing of the child.
The modern approach is to vest the custody in both parents (with powers to make major decisions) and grant care and control to one of them. The court may also grant care and control to one parent without making any order as to custody.
III. Joint Custody
Joint custody involves both parents sharing responsibility and authority with respect to the children. This may involve joint “legal” custody and joint “physical” custody. The effect of this is that both parents are involved in the physical sharing of the child as well as participating in decisions affecting the child’s life such as education, medical problems etc.
This is in contrast with split custody. It should be noted that “joint” custody does not necessarily mean equal or fifty-fifty sharing of time since each case depends on the child’s age, parent’s availability & desires among other factors.
Before an order of joint custody is made, the court must ensure that the parents would co-operate with each other, otherwise, it will be an order in futility.
IV. Temporary Custody
This is where custody of a child is awarded to a parent temporarily pending the outcome of a separation or divorce proceedings.
This power can be exercised where during a matrimonial proceeding, a dispute with respect to the custody, guardianship, welfare, maintenance, advancement or education of the children of the marriage arises after the proceedings for the principal relief has been instituted. The Petitioner or Respondent may make an application for an interim order of custody pending the final determination of the Petition.
The application may be made ex-parte in cases of extreme urgency or on notice to the other party. In cases of extreme urgency, an oral application may be made subject to the leave of court, before the ex-parte application or application on notice is made.
V. Third Party Custody
Where the Court considers it desirable to do so, it may place the child under the custody of a third party- a person other than a party to the marriage, either permanently or as an interim measure, if it considers this to be in the child’s interest.
The Court will make this order:
• Where it is obvious that neither of the parties to the marriage is genuinely interested in the welfare and upbringing of the child.
• Where neither of the parties to the marriage has applied for the custody.
• Where in the opinion of the court, neither of the parties to the marriage is a fit and proper person to have the custody of the child.
If custody is granted to a third party, the court may include an order as to proper access to the child by the parents.
• CUSTODY OF A CHILD BORN OUTSIDE WEDLOCK
Under the Common law, a mother has a right to the custody of an illegitimate child to the exclusion of the natural father of the child. For a father to be awarded custody in such a circumstance under the common law, he must establish that the mother is unfit to look after the child.
Under the Customary law, if a woman has a child by a man to whom she is not married, the proper guardian of the child who is entitled to custody is the father of the mother and this is so even if the child has been legitimated by acknowledgement of the father.
However, under the Matrimonial Causes Act, Section 69 defines “children of the marriage” for the purpose of custody to include:
o Any child adopted since the marriage by the husband and wife or by either of them with the consent of the other.
o Any child of the husband and wife born before the marriage whether legitimated by the marriage or not; and
o Any child of the husband or wife (including an illegitimate child of either of them and a child adopted by either of them) if, at the relevant time, the child was ordinarily a member of the household of the husband or wife. So however that a child of the husband and wife (including a child born before the marriage, whether legitimated by the marriage or not) who has been adopted by another person or other persons shall be deemed not to be a child of the marriage
Therefore under the Act, the position of the customary law or common law will not apply to the custody of a child born outside of wedlock. The paramount consideration shall be the interest of the child.
CHILD MAINTENANCE
In the course of the divorce proceedings, the court may make an order as to the maintenance of a child. Pursuant to the provisions of the Matrimonial Causes Act, any child below the age of 21 is automatically entitled to a maintenance. However, the maintenance order may be made in favour of a child above 21 years in exceptional circumstances. The maintenance order the court may make include welfare support, education advancement among others.
Meanwhile, an unmarried couple seeking an order of a child maintenance in Nigeria may do so pursuant to the provisions of the Child Rights Act or Child Rights Laws of the various states. The domicile of the parties is not required to institute such action like divorce proceedings, as by virtue of residence in such state will qualify the party to institute such action. A married couple not seeking a divorce, but just the maintenance of the child may institute an action pursuant to the Child Rights Act or Child Rights of a state.

• CONCLUSION
It is noteworthy that in the award of custody of a child by a court, the paramount interest of the child is the main key. However, it must be understood that the welfare of a child is not only the material provisions in the house, good clothes, food, air conditioners, television, but it is more of the happiness of the child and his or her psychological development.

DECIDED FOR A DIVORCE?

A COMPLETE GUIDE TO NIGERIAN DIVORCE PROCESS

HOW TO GET A DIVORCE 

GETTING A DIVORCE IN NIGERIA

Divorce in a simple term can be said to be the termination of a marital union, the cancelling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.

Types/ Forms of Marriages that are recognized under the Nigerian law
Before one should think about terminating his/ her martial bonds, the person would have to first understand the type of marriage he or her had as this effect the procedure that may be adopted for its termination thereof.   Notwithstanding that a weeding was conducted, it doesn’t in any way mean that it’s automatically a marriage under the Marriage Act of Nigeria.  A Marriage under the Marriage Act is done when a marriage is conducted at a licensed place of marriage or by a licensed individual or institution.
There are two types of recognized marriage in Nigeria;

1.     Customary Marriage (paying of bride price)

2.     Marriage under the Marriage Act of the Federal Republic of Nigeria.

v Take Note that any of these marriages does not necessarily complement each other. Any of them suffices and therefore enforceable.

Filing for a divorce in Nigeria can result to an emotional setback and can be a stressful experience: affecting finances, living arrangements, household jobs, schedules etc.
Meanwhile, it is better to learn more about how to get a divorce in Nigeria before filing for a divorce. It is also important for anyone seeking to understand how to get a divorce that there are different disputes resolutions and mediation mechanisms in Nigeria that can intervene on matrimonial matters, and the divorce should only be considered as a last resort for anyone facing a troubling marriage.
However, if someone must consider the option of a divorce, the followings are necessary steps or things to put into consideration:
. Consulting a Lawyer
In diving into the issue of Divorce, the first and most important thing is to consult a Lawyer, briefing the Lawyer about necessary information as regards the marriage contracted most especially on important divorce requirements.
• Grounds for Divorce
It is noteworthy that the divorce grounds vary significantly from country to country. Divorce under the Statutory law in Nigeria is basically governed by the provisions of the Matrimonial Causes Act CAP 220 LFN 1990.
A marriage celebrated under the Act (i.e. Statutory Marriage), as opposed to Customary Marriage and Islamic Marriage can only be dissolved on the ground that the marriage has broken down irretrievably. Section 15 (2) of the Act states the grounds upon which a marriage may be dissolved. It provides as follows:
The court hearing a petition for the decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably, if, but only if, the petitioner satisfies the court of one or more of the following facts:
a) That the respondent has willfully and persistently refused to consummate the marriage.
(A party is said to have willfully and persistently refused to consummate a marriage when he or she deliberately refuses to have sexual intercourse with the other party despite a number of requests.
The Petitioner must satisfy the Court that no consummation has taken place before the commencement of the hearing of the Petition).
b) That since the marriage, the respondent has committed adultery, and the petitioner finds it intolerable to live with the respondent.
(Adultery means the voluntary sexual relations between either of the party to the marriage to a third party.
Furthermore, a party is said to commit adultery if the sexual relations with the third party was voluntary or consensual during the subsistence of the marriage).
c) That since the marriage, the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent
(Section 16 MCA provides circumstances that can fall under the fact. Example rape, sodomy, bestiality, drunkenness, going in and out of jail etc. Note that cruelty falls under the ground too).
d) The respondent has deserted the petitioner for a continuous period of at least one year, immediately preceding the presentation of the petition;
(Desertion means living apart with the intention to bring to an end all rights and duties of marriage.
Living apart with the consent of the other party does not amount to desertion. Note that such consent can be withdrawn and upon withdrawal of consent, the period for purpose of desertion begins to count.
There is willful and constructive desertion. In willful desertion, the person that left is in desertion while in constructive desertion, the person in the house is in desertion (by conduct causing the other party to live apart).
e) That the parties to the marriage have lived apart for a continuous period of at least two years, immediately preceding the presentation of the petition and the Respondent does not object to a decree being granted.
(It is important to note that mere physical separation does not constitute living apart.
Living apart involves physical separation accompanied by the termination of consortium).
f) That the parties to the marriage have lived apart for a continuous period of at least three years, immediately preceding the presentation of the presentation of the petition.
(Living apart as envisaged by the ground does not connote physical living apart of the parties to the marriage.
There must be evidence of definite termination of the consortium between the parties to the marriage before the physical fact of being apart can be said to constitute separation).
g) That the other party to the marriage, has for a period not less than one year, failed to comply with a decree of restitution of conjugal rights made under the Decree.
(The main ground here is that the Respondent has failed to resume cohabitation with the Petitioner in compliance with a court order to that effect.
The Respondent must also not have been cohabiting at the time of the presentation of the petition).
h) That the other party to the marriage has been absent from the petitioner for such time, and in such circumstances, as to provide reasonable grounds for presuming that he or she is dead.
(Under the Evidence Act, a person must be absent for 7 years for such person to be presumed dead.  Section 164(1) EA, 2011, Section 16(2) (a) MCA)
Where the above-stated grounds have been proved by the petitioner to contribute to the irretrievable breakdown of the marriage, he or she is entitled to a decree of divorce.
➢ DIVORCE PAPERS
After proper consultation with the Lawyer, the lawyer to the Petitioner can then go ahead to prepare the necessary documents or papers for filing for a divorce at the appropriate Court. The following are the required and important documents to be filed namely:
a) Notice of petition.
b) Petition for the dissolution of marriage.
c) Verifying affidavit.
d) Certificate relating to reconciliation signed by the legal practitioner.
e) Acknowledgement of service.
f) Original Marriage Certificate.
By Section 32 of the Marriage Act which states: where the original marriage certificate is lost, a duly certified true copy thereof or entry in a marriage book and a certified true copy of such copy could be tendered in evidence.
g) Discretion statement
This statement is required to be filed where a party to the proceedings has committed adultery either before the filing of the petition or answer but before the trial of the proceedings.
➢ DIVORCE PROCESS
Every matrimonial cause or divorce process in Nigeria shall be commenced by Petition – Section 54(1) MCA. The petitioner commences or institutes matrimonial proceedings by a PETITION.
The content of the Divorce Petition shall include followings:
1) Petition or suit number.
2) Parties and status.
3) Full names, occupation and address of each of the party to the proceeding. Name of the wife immediately before marriage.
4)Particulars of the marriage.
5) Particulars of birth of the parties to the marriage.
6) Particulars relating to domicile or residents of the marriage in Nigeria.
7) Particulars of cohabitation of the parties to the marriage and its ceasing.
8) Particulars of children of the parties to the marriage and the children of either party to the marriage.
9) Particulars of previous proceedings between the parties to the marriage, if applicable
10) Facts relied upon but not evidence by which the facts are to be proved. Facts to support the ground.
11) Condonation, connivance and collusion.
12) Proposed arrangement for children.
13) Custody.
14) Maintenance and settlement of property.
15) Reliefs being sought
16) Address for service on Respondent.
The Respondent can also file an answer to the petition. And the Petitioner may also file a reply to the answer.
The Respondent can also cross-petition which is in form of another petition. Then Trial may commence.
Factors To Be Considered In A Divorce
•  Jurisdiction
The only court with the jurisdiction for the above-mentioned proceedings is the High Court of any state of the federation. However, where the High Court of a State makes an order for maintenance, the order can be enforced in a court of summary jurisdiction in a summary manner. Thus the Magistrate Court being a court of summary jurisdiction can enforce such order of maintenance, subject to its jurisdictional limit.
There is a single jurisdiction for the High Court as any High Court of any state of the federation can exercise jurisdiction irrespective of where the parties to the proceedings are domiciled.
Thus for the purpose of matrimonial causes, there is only one domicile, which is Nigeria, notwithstanding that the parties being domicile in different states.
However, section 9(2) of the MCA provides that for the transfer of any matrimonial proceedings in a court where it was commenced to another Court on the ground that the first Court is not convenient for the parties and the latter is more convenient.
• Domicile
The general rule is that it is the domicile of the petitioner that confers jurisdiction on the High Court of a state for the purpose of hearing matrimonial proceedings. The petitioner must be domiciled in Nigeria before the court can have jurisdiction. Section 2(3) MCA.
Domicile in one word is the permanent home of a person. There are three types of domicile:
a) Domicile of origin,
b) Domicile of choice; and
c) Domicile of dependence.
Domicile of choice is the domicile taken by a person upon attaining majority. In this like, one must be resident in that country permanently or indefinite period
and an intention to so remain. That is the animus.
Domicile of dependence is a domicile given to persons dependent on others e.g. a child, wife, etc. thus the domicile of a wife follows that of the husband. Upon marriage, the wife takes the domicile of her husband.
If the husband changes his domicile, the wife’s domicile automatically changes. Hence, before a wife can bring matrimonial proceedings in Nigeria, she must be domiciled in Nigeria, that is, her husband must be domiciled in Nigeria.
However, because of the injustice that is likely to be done to a deserted wife in Nigeria whose husband may have changed his domicile, special domicile for the purposes of matrimonial proceedings before the Nigerian court was created for such wife under the Section 7(a) &(b) MCA.
Thus where the wife was domiciled in Nigeria either immediately before her marriage or immediately before the desertion, she shall be deemed domiciled in Nigeria – Section 7(b) MCA. Also, where at the date of instituting the proceeding, she has been resident in Nigeria for at least 3 years before instituting the matrimonial proceeding, she shall be deemed to be domiciled in Nigeria – Section 7(b) MCA. The special domicile so created is only for the purpose of the matrimonial proceeding, thus limited.
• The Two-year rule
Because of the need to protect the sanctity of marriage, Section 30(1) MCA provides that proceeding for dissolution of marriage shall not be made/instituted within two years after the date of the marriage except by leave of the Court.
Thus where proceeding for dissolution of marriage is to be instituted within two years of celebrating the marriage, the leave of court must be sought.
However, the Court can only grant leave on the ground that to refuse to grant leave would impose exceptional hardship on the applicant or that the case is one involving exceptional depravity on the other party to the marriage – section 30(3) MCA.
However, the foregoing provisions and requirements do not apply where the fact relied on are:
a) Willful and persistent refusal to consummate the marriage – Section 15(2) (a).
b) Adultery since the marriage by the respondent and the petitioner finding it intolerable to live with the respondent – Section 15(2) (b).
c) Commission of rape, sodomy, or bestiality – Section 16(1) (a).
d) Where the institution of proceedings for a decree of dissolution is by way of cross-petition.
• Compulsory Conference
A judge may order parties to hold a compulsory conference, where a party is outrightly denying his or her responsibility or liability. Such conference may also be mandated where parties need to discuss the issues related to custody and settlement of properties. A compulsory conference maybe neglected where having
regards to the circumstances of the case, neither party is outrightly denying a responsibility or liability, but they are only disputing the extent of it. In such a circumstance, the judge may refuse to mandate a compulsory conference since the scope or extent of such dispute is already subject to the discretion of the court.
• Setting down for hearing
There is no room for default judgment in matrimonial proceedings, therefore all facts or matters must be proved, thus there are defended or undefended suit.
In a defended suit, the parties join issues; answer or cross-petition and answer; and reply. A defended suit is set down for trial in Form 32 MCR.
An undefended suit is where parties have not joined issues because the respondent did not file an answer. It is set down in Form 31 MCR.
Then a Registrar Certificate is issued indicating that the matter is ripe for hearing. The notice of the trial is in Form 33 MCR.
Every matrimonial proceeding is to be heard in public – Section 103(1) MCA

➢ NIGERIAN DIVORCE CERTIFICATE
After the conclusion of the trial and the Court is satisfied with the existence of any ground in respect of which relief or order is sought, it may grant a decree of dissolution of marriage.
A decree is granted in two stages namely:
a. Decree Nisi
b. Decree Absolute
• Effect of Decree Nisi
Generally, a Decree Nisi is for a period of 3 months after which it may be made absolute. Note the following exceptions:
1. Where there is a valid appeal against a Decree Nisi, it will not become absolute except at the expiration of a period of 28 days from the day on which the appeal is determined or discontinued.
2. Where there are children of the marriage under the age of 16years at the date of the Decree Nisi, the Decree shall not become absolute unless the Court is satisfied that proper arrangements have been made for the welfare and in appropriate cases, the advancement and education of the children. Otherwise, the Court must be satisfied that there are special circumstances that warrant the Decree Nisi being made absolute.
Also, a Decree Nisi may be rescinded by the Court at any time before the Decree becomes Absolute:
a. Upon the application of either of the parties to the marriage on the ground that the parties have reconciled. The application is usually by way of Motion Exparte if the parties to the marriage have by a joint or individual affidavit filed in support of the application verified the ground of the application.
b. On the application of a party to the proceedings, if the Court is satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or any other circumstance.
The Court may if it thinks fit, order that the proceedings be reheard. The party who makes the application shall cause it to be served on the other parties to the proceedings unless such services had been dispensed with.
c. Where an intervention takes place by the Attorney-General or other persons after a Decree Nisi has been made, the Court may rescind the Decree if it is proved that the Petitioner has been guilty.
• Effect of Decree Absolute
Generally, by Section 33 MCA, where a decree of dissolution of marriage has become absolute, a party to the marriage may marry again as if the marriage had been dissolved by death.
However during the 3 months following the issuance of the Decree Nisi, neither the party is free to lawfully marry a third party whether under customary law or marriage under the Act.
enforce
• Decree and Right of Appeal
A party to any matrimonial proceedings may appeal against the Decree Nisi before it becomes absolute. An appeal against a Decree Nisi must be filed within 3 months.
Being a final decision of the High Court, the appeal is as of right by virtue of Section 241(1) (a) of the Constitution of the Federal Republic of Nigeria 1999.
However, if the party fails to appeal against a Decree Nisi having had time and opportunity of doing so and the Decree Nisi is made absolute, then no right of appeal exists.
➢ CONCLUSION
Finally, it can be noted that the process of getting a divorce in Nigeria is a bit longer process compared to divorce processes in foreign jurisdictions. And for a suit of dissolution of marriage to be successful in Nigeria, the Petitioner must have brought his or her petition in line with the grounds stated under the Matrimonial Causes Act and must satisfy the various requirements of the law.
However, it is important to know that a divorce may be very expensive in Nigeria. The cost of the divorce in Nigeria is usually determined on facts contained in the petition or nature of the divorce. The fact of the case is what would determine the time and industry a lawyer handling the matter would put into it. And the legal fee in Nigeria is usually based on the quantum of work done by the lawyer(s) on a client’s case.