BIGAMY IN NIGERIA: 

WHEN LOVE BECOMES A CRIME

Did you know that marrying a second spouse while your first statutory marriage is still valid can land you in prison?

Under Nigerian law, this offence is known as Bigamy.

Bigamy occurs when a person who is legally married under the Marriage Act contracts another marriage while the first marriage is still subsisting. A statutory marriage in Nigeria is strictly monogamous, meaning one husband and one wife to the exclusion of all others.

The law is very clear.

Section 47 of the Marriage Act makes it an offence for a person who has contracted a statutory marriage to marry another person under customary law during the continuance of that marriage. Such a person is liable to imprisonment.

Furthermore, Section 370 of the Criminal Code Act provides that any person who, having a husband or wife living, contracts another marriage which is void because the first marriage still exists, commits a felony and is liable to seven years imprisonment.

For the offence of bigamy to be established, the prosecution must prove:

✅ There was a valid existing marriage.

✅ The first spouse was alive at the time of the second marriage.

✅ The accused contracted another marriage while the first marriage was still subsisting.

It is important to note that not every polygamous marriage amounts to bigamy. The offence mainly arises where a person already married under the Marriage Act attempts to contract another marriage without first dissolving the existing statutory marriage.

⚖️ Legal Tip: Before saying "I do" again, make sure the first marriage has been legally dissolved by a competent court. Otherwise, your second marriage may be void, and you may be criminally liable for bigamy.

📚 LAW FOR EVERYONE

"Marriage is a sacred institution, but under the law, it is also a legal contract with consequences."

B.I. Azubuike Esq.

Barrister & Solicitor of the Supreme Court of Nigeria.