Bigamy: Seven-Year Sentence Awaits Violators of Marriage Laws – Legal Expert

A legal expert has raised concerns about the growing disregard for Nigeria's marriage laws, warning that individuals who remarry without formally dissolving an existing registry marriage risk facing criminal charges.

Oladoyin Olusanjo, a Partner at Sagesse Law Practice, explained that bigamy — the act of marrying another person while a valid marriage still exists — remains a criminal offence punishable under Nigerian law. He advised that individuals, particularly those married under the Marriage Act, must seek legal divorce before entering a new marriage under Islamic or customary law.

“It is important to note that for persons married under the Act (a registry marriage) and who are Muslims or inclined to follow customary practices, in the event that the groom decides to take another wife, in line with Islamic law or customary law, it is advised that he first gets a divorce for the first marriage before marrying a second wife,” Olusanjo stated. He added that failure to comply exposes the individual to legal sanctions.

According to Olusanjo, bigamy attracts a prison sentence of seven years under the Criminal Code Act and five years under the Marriage Act. He referenced Section 370 of the Criminal Code Act and Sections 35 and 46 of the Marriage Act.

He cited notable legal cases, such as R v Princewell (1963) NNLR 54, where a man contracted a registry marriage while a Christian and later remarried under Islamic law without dissolving the first. The court declared the second marriage void and found the accused guilty of bigamy.

“In the case of R v Princewell, the accused contracted a registry marriage when he was then a Christian but later became a Muslim and had another marriage under Islamic law while the first wife was still alive and the first marriage had not been dissolved. The second marriage was held to be void, and he was held guilty of bigamy and sentenced accordingly,” Olusanjo explained.

Another case, Motoh v Motoh (2010), was highlighted as reinforcing this legal position. In this instance, the respondent’s customary marriage following an existing registry marriage was also declared void.

Olusanjo advised women who wish to protect their marital interests to prioritize a registry marriage, noting that such marriages carry legal weight in future disputes. “If a woman is interested in protecting her marital interest, she should persuade her partner and settle for a registry marriage amongst other marital celebrations they opt for. This way, her marital interest would be prioritized in future happenings,” he emphasized.

He also stressed the importance of seeking professional legal counsel in navigating marriage-related legal issues. “Matrimonial matters are quite vast and intricately complex depending on the facts in issue. Hence, legal counsel should be sought to navigate this labyrinth and deconstruct its intricacies,” Olusanjo advised.