Bigamy in Nigeria refers to the act of marrying someone while still legally married to another person. This practice is prohibited under Nigerian law and can have severe legal consequences for those involved. The legal framework addressing bigamy is primarily based on the Criminal Code, applicable in the southern states, and the Penal Code, applicable in the northern states of Nigeria. Below, we explore the legal context and implications of bigamy in Nigeria.
Legal Context of Bigamy in Nigeria
1. Criminal Code (Southern Nigeria):
The Criminal Code, which applies to the southern part of Nigeria, categorically criminalizes bigamy. According to Section 370 of the Criminal Code, bigamy is defined as a criminal offense that can lead to severe penalties. Specifically, anyone found guilty of contracting a second marriage while still legally married to another person may face up to seven years in prison. The law clearly states that both individuals involved in the bigamous marriage may be prosecuted.
2. Penal Code (Northern Nigeria):
The Penal Code, which governs the northern regions of Nigeria, similarly recognizes bigamy as a criminal offense. Under Section 384 of the Penal Code, individuals who enter into a second marriage without dissolving the first are subject to criminal prosecution. The penalties under the Penal Code may vary, but the act of bigamy remains illegal and punishable by imprisonment.
3. Marriage Act:
The “Marriage Act”provides the legal framework for statutory marriages in Nigeria. Statutory marriages, which are recognized and registered by the state, must adhere to strict legal requirements. One of the key stipulations of the Marriage Act is that contracting a second marriage without the dissolution of the first is considered bigamy, which is illegal under Nigerian law. This provision ensures that statutory marriages are monogamous and legally binding.
Exceptions to Bigamy Laws in Nigeria
While bigamy is strictly prohibited under the Criminal Code, Penal Code, and Marriage Act, it is essential to recognize the exceptions that exist within Nigerian law. Specifically, Nigeria recognizes different forms of marriage, including customary and Islamic law marriages, where polygamy is permitted.
Customary and Islamic Law Marriages:
Under customary and Islamic law, men are allowed to marry multiple wives, provided the marriages are conducted according to the relevant customs or religious practices. In these cases, polygamy is not considered bigamy, and the individuals involved are not subject to the penalties outlined in the Criminal or Penal Codes.
Enforcement and Prosecution of Bigamy
The enforcement of bigamy laws in Nigeria can be complex and is often influenced by social, cultural, and religious considerations. In practice, the prosecution of bigamy is relatively rare, and cases are typically brought to court only when there is a complaint from an aggrieved party, usually the first spouse.
Despite the legal prohibitions, bigamy remains a significant issue in Nigeria, particularly in regions where traditional and religious practices permit polygamy. The coexistence of different marriage systems—statutory, customary, and Islamic—creates unique legal and social challenges, making the enforcement of bigamy laws a nuanced and often contentious issue.
Conclusion
Bigamy in Nigeria is a criminal offense with severe legal consequences under both the Criminal Code and Penal Code. However, the recognition of polygamous marriages under customary and Islamic law presents exceptions to the rule, highlighting the complexity of marriage laws in Nigeria. As society continues to evolve, the enforcement and interpretation of bigamy laws will likely remain a topic of ongoing debate and legal scrutiny.
For individuals navigating the complexities of marriage laws in Nigeria, it is crucial to seek professional legal advice to ensure compliance with the law and protection of their rights. At Lawhaven Solicitors, we are committed to providing expert legal guidance to help you understand and navigate the intricacies of Nigerian marriage laws. Contact us today for a consultation.