"HOW TO BE LEGALLY MARRIED IN NIGERIA" 1st Edition

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

"HOW TO BE LEGALLY MARRIED IN NIGERIA"

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 209)
“Adultery Is Not An Offence In All States In Nigeria.”

Adultery is an offence only in the northern part of Nigeria. It is not an offence in the Western, Eastern and Southern parts of Nigeria. Hence, adultery as a crime in states in Northern Nigeria, it is punishable with 2 years imprisonment and or with an option of fine. In the other parts of Nigeria, no person can be charged to court for adultery.

My authorities are sections 387 and 388 of the Penal Code Act, 1960.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 105)
“Validity of Marriages Conducted in Ikeja, Abuja and other Federal Marriage Registries in Nigeria”.

As it is in law books, there are recent judgements declaring that the Federal government has no powers to run a marriage registry like it is doing in Lagos, Abuja and may be other parts of Nigeria. So are marriages conducted in the marriage registries operated by the federal government instead of in Marriage Registries at Local Government Areas, valid? Any marriage conducted outside LGAs’ and Development Centers’ marriage registries or licensed places of worship is INVALID, where a spouse was aware that such place is unlicensed.

See section 33 (2) (a) of the Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 87)
“THE RIGHT COURT FOR DIVORCE IN NIGERIA”

Divorce/dissolution of English Marriage can be sought in any State High Court in any state in Nigeria, so far as the spouse seeking such is domiciled in Nigeria. The state of origin or residence or employment of a spouse does not matter because Nigeria is a single jurisdiction in matrimonial cases.

See section 2 of Matrimonial Causes Act.

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A wilful, persistent and continued refusal to consummate marriage (have sex with spouse at least once after wedding) without a reason is a good ground to seek and obtain divorce in a court.

See sections 15 and 21 of the Matrimonial Causes Act.

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A wilful, persistent and continued refusal to consummate marriage (have sex with spouse at least once after wedding) without a reason is a good ground to seek and obtain divorce in a court.

See sections 15 and 21 of the Matrimonial Causes Act.

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A Promise to Marry is an agreement. It is a legally binding contract among parties. It may be written, oral or even inferred from conducts of parties. Where any party breaches a promise to marry, such party can be sued for damages. Damages for loss of other suitors, money spent on love, wasted years, psychological and emotional trauma, etc.

See, Martins v. Adenugba(1946) 18 NLR 63.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 47)

Where a spouse already married in via a Customary/Native/Traditional Marriage goes on without a divorce to marry another person via an English/Statutory/Court Marriage such new Marriage is invalid, Null and Void. It is also an offence punishable with 5 years imprisonment.

See, sections 33(1) and 46 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 39)

Happy valentines!

It is an offence for a couple already married in English/Statutory Marriage to later seek to re-marry themselves under Traditional/Native/Customary law. It is an offence punishable with 5 years imprisonment!
So couples that perform English wedding before payment of bride price and traditional weddings are earned!
Kindly see Section 47 of the Marriage Act.

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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 37)
 
Case of divorce or dissolution of marriage can only be filed and heard in a State High Court while a case for custody of a child can be filed and heard in a Magistrate Court or a State High Court. See section 2 of Matrimonial Causes Act and section 150 of Child’s Rights Act.
 
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Courtship is not marriage neither is a loose partnership of opposite sex marriage. Living together and making of babies doesn’t connote marriage. Hear this, going to a church and being declared “man and woman” without an earlier strict observance of legal marriage requirements is no marriage in the eyes of law.

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