UNIT 19 - THE COURT PROCESS

TOPIC OF THE DAY

- THE COURT PROCESS

- THE PETITION

- ORDER V-PETITION

- PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE

- PETITION FOR NULITY OF MARRIAGE

- PETITION FOR JUDICIAL SEPARATION

- PETITION FOR THE DECREE OF DISSOLUTION OF MARRIAGE

- MARRIAGE

- BIRTH OF PETITIONER AND RESPONDENT

- DOMICILE OR RESIDENCE

- COHABITATION

- CHILDREN

- PREVIOUS PROCEEDINGS

- CONDONATION

- CONNIVANCE

- COLLUSION

The Court Process

The court process in family law cases involves several steps from filing the petition to the final decree. See the Matrimonial Causes Act (MCA) Cap M7, LFN 2004.. The key stages are:

1.Filing the Petition: This is where the petitioner (the person initiating the proceedings) files a petition in the High Court.

2.Service of Petition: This is where the respondent (the other party) must be served with the petition.

3.Respondent’s Reply: This is where the respondent has the opportunity to reply to the petition.

4.Pre-trial Conference: This is to narrow the issues and explore settlement possibilities.

5.Trial: This is where evidence is presented, and witnesses may be called.

6.Judgment: This is where the court issues a decree based on the merits of the case.

The Petition

A petition in family law is the formal written application to the court seeking a specific relief. It must be signed by the petitioner and must clearly state the grounds for the relief sought.

Order V - Petition

Order V of the Matrimonial Causes Rules outlines the general rules regarding petitions in matrimonial causes. It includes:

1.Form and Content of Petition: This should include details such as names, addresses, and grounds for the petition.

2.Verification of Petition: The petition must be verified by affidavit.

3.Service of Petition: This requires that proper service must be carried out on the respondent.

Petition for Decree of Dissolution of Marriage

This petition seeks to legally end a marriage and the grounds for dissolution includes Adultery, Desertion, Cruelty and Living apart for a continuous period of two years. See the case of Nanna v. Nanna (2006) 3 NWLR (Pt. 966) 1 where the court emphasized that the petitioner must prove the grounds for dissolution.

Petition for Nullity of Marriage

A petition for nullity seeks to declare a marriage void or voidable and the grounds for dissolution includes Incestuous or polygamous marriage (void ab initio), Non-consummation due to incapacity, Mental disorder of either party. See the case of Ibeawuchi v. Ibeawuchi (1978) 1 LRN 63 where the court established grounds for voidable marriages.

Petition for Judicial Separation

This petition allows couples to live apart without dissolving the marriage and the grounds are similar to those for dissolution. See sections 39 and 40 of the Matrimonial Causes Act.

Petition for the Decree of Dissolution of Marriage (Reiteration)

The grounds and process for filing this petition are reiterated for clarity. It is important to follow the statutory requirements strictly to avoid dismissal.

Marriage

Marriage in Nigeria is provided for under the Marriage Act Cap M6, LFN 2004 and it can be:

1.Statutory: that is governed by the Marriage Act.

2.Customary: that is governed by native laws and customs.

3.Islamic: that is governed by Sharia law in applicable states.

Birth of Petitioner and Respondent

Petitions must include the dates and places of birth of both parties. This information helps establish the identities and legal capacities of the parties.

Domicile or Residence

Domicile or residence determines the court's jurisdiction. Generally, the petitioner must prove that they have been domiciled in Nigeria for at least 12 months before filing the petition. See the case of Bello v. Bello (1969) 1 All NLR 67 where the court discussed domicile requirements.

Cohabitation

Cohabitation refers to the couple living together. Issues arise when cohabitation has ceased, which may be relevant to grounds for separation or dissolution.

Children

The welfare of children is paramount in family law proceedings. Petitions involving children must address custody, maintenance, and welfare arrangements. See the Child Rights Act 2003.

Previous Proceedings

The petitioner must disclose any previous matrimonial proceedings involving the same marriage. This ensures that the court is aware of any prior judicial decisions.

Condonation

Condonation refers to forgiving a matrimonial offense (e.g., adultery). If a petitioner has condoned the respondent’s misconduct, it can affect the outcome of the case. See the case of Nanna v. Nanna where condonation was discussed in terms of its impact on dissolution proceedings.

Connivance

Connivance involves the petitioner knowingly allowing the respondent to commit a matrimonial offense. This can bar the petitioner from obtaining relief.

Collusion

Collusion refers to an agreement between the parties to deceive the court. If proven, it can result in the dismissal of the petition. See the case of Ibeawuchi v. Ibeawuchi where the court addressed issues of collusion in matrimonial causes.

UNIT 18 - DISSOLUTION OF CUSTOMARY MARRIAGE

TOPIC OF THE DAY

- DISSOLUTION OF CUSTOMARY LAW MARRIAGES IN NIGERIA

- GROUNDS FOR DISSOLUTION

- PROCEDURES FOR DISSOLUTION

- LEGAL RECOGNITION AND COURT INVOLVEMENT

Dissolution of Customary Law Marriages in Nigeria

Customary law marriages in Nigeria are regulated by the customs and traditions of the various ethnic groups within the country. The process of dissolving these marriages varies across different cultures but generally involves both customary practices and statutory provisions. See the Matrimonial Causes Act 1970, Section 69 which provides that customary marriages can also be dissolved by a court decree if it’s found that customary practices have been complied with and the Evidence Act, Section 14(2) which recognizes the application of customary law where it can be proved as being in operation within a particular community.

Grounds for Dissolution

Customary law marriages can be dissolved based on several grounds, which might include but are not limited to:

1.Adultery: This means engaging in an extramarital affair is a common ground for dissolution.

2.Desertion: This means one spouse abandoning the other without reasonable cause.

3.Cruelty: This means physical or emotional abuse by one spouse towards the other.

4.Impotence: This means the inability to consummate the marriage.

5.Witchcraft or juju: This is the accusations of engaging in harmful traditional practices.

6.Mutual Consent: this means both parties agreeing to end the marriage.

Procedures for Dissolution

The process for dissolving a customary law marriage typically involves the following steps:

1.Family or Elders’ Intervention: Initially, this is where the families or elders of the couple often try to mediate and reconcile the differences. If reconciliation fails, the matter proceeds to the dissolution stage.

2.Return of Bride Price: A significant aspect of dissolving a customary marriage is the return of the bride price or dowry. This is where the husband's family usually requests this from the wife’s family as a formal dissolution of the union.

3.Community or Court Involvement: Depending on the customs, this is where the dissolution may be formalized in a community meeting or through a customary court.

Legal Recognition and Court Involvement

While customary marriages are primarily governed by traditional practices, statutory laws also recognize and sometimes regulate these marriages. The Nigerian courts have jurisdiction to adjudicate matters concerning the dissolution of customary marriages under certain conditions. See the case of Okpanum v. Okpanum (1972) 2 ECSLR 561where the court highlighted the necessity of returning the bride price for the dissolution of a customary marriage. The court emphasized that the marriage remains valid until the bride price is refunded and the case of Suberu v. Suberu (1957) SCNLR 45 where the Supreme Court dealt with issues of cruelty and how it can be grounds for the dissolution of a customary marriage. The court outlined that persistent cruelty or inhuman treatment justified dissolution.

UNIT 17 - GROUNDS FOR DIVORCE

TOPIC OF THE DAY

- WILLFUL AND PERSISTENT REFUSAL TO CONSUMATE THE MARRIAGE

- ADULTERY AND INTOLERABILITY

- PROOF OF ADULTERY

- NATURE OF EVIDENCE

- THE BIRTH OF A CHILD AND VENERAL DISEASE

- COHABITATION

- CONFESSION AND ADMISSION

- RESPONDENT GRAVE AND UNBEARABLE CONDUCT

- FREQUENT CONVICTION AND LEAVING THE SPOUSE WITHOUT SUPPORT

- IMPRISONMENT

- ATTEMPTED MURDER AND ASSAULT

- HABITUAL AND WOEFUL FAILURE TO SUPPORT

- INSANITY

- DESERTION

- DEFACTO SEPARATION AND ANIMUS DESERENDI

- LACK OF JUST CAUSE

- SEPARATION AND RESPONDENTS CONSENT TO DISSOLUTION

- LIVING APART FOR TWO YEARS

Willful and Persistent Refusal to Consummate the Marriage

Under Section 15(2)(a) of the Matrimonial Causes Act, a marriage can be dissolved if the respondent has willfully and persistently refused to consummate the marriage. See the case of Anyaegbunam v. Anyaegbunam (1973) 3 ECSLR 124, where the court held that the refusal to consummate must be deliberate and persistent over time.

Adultery and Intolerability

See section 15(2)(b) which states that adultery coupled with intolerability is a valid ground for dissolution even though it requires evidence such as a confession, circumstantial evidence, or eyewitness testimony. See the case of Akinbuwa v. Akinbuwa (1967) NMLR 163, where the court emphasized that the petitioner must find it intolerable to live with the respondent after the act of adultery and the case of Williams v. Williams (1964) LLR 337 where the court defines intolerability as the petitioner finding it impossible to continue cohabitation.

Nature of Evidence for Adultery

The nature of evidence needs to be direct evidence (e.g., confession) or indirect evidence (e.g., suspicious behavior, opportunity to commit adultery). See the case of Karimu v. Karimu (1984) HCNLR 412 where the court highlighted that indirect evidence can be sufficient if it points to a high probability of adultery.

The Birth of a Child and Venereal Disease

See section 15(2)(d) which covers situations where the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them, including infidelity resulting in childbirth or transmission of a venereal disease. See the case of Abudu v. Abudu (1976) 9-10 SC 296 where the court ruled that a venereal disease contracted during marriage can be grounds for dissolution if proven to be contracted through adultery.

Cohabitation

This is the act of living together as husband and wife. See the case of Nwankwo v. Nwankwo (2013) LPELR-21896(CA) where the court affirmed that evidence of ceasing cohabitation can support claims of desertion or intolerability.

Confession and Admission

Confessions and admissions by the respondent can be used as evidence to support claims of adultery or other grounds for dissolution. See the case of Oke v. Oke (1972) 2 ECSLR 199 where the court accepted the respondent's admission of adultery as sufficient proof.

Respondent's Grave and Unbearable Conduct

See section 15(2)(e) which considers any grave and unbearable conduct by the respondent as a valid ground for divorce. See the case of Olugbodi v. Olugbodi (1984) HCNLR 1 where the court detailed what constitutes grave and unbearable conduct, including physical and emotional abuse.

Frequent Conviction and Leaving the Spouse Without Support

See section 15(2)(f) which includes frequent conviction and failure to provide financial support. See the case of Adebayo v. Adebayo (2007) 8 NWLR (Pt. 1037) 69 where the court dissolved the marriage due to the respondent's habitual criminal behavior and neglect.

Imprisonment

Imprisonment of the respondent can be a valid ground for divorce if it causes intolerability or desertion. See the case of Ajayi v. Ajayi (1964) WNLR 157 where prolonged imprisonment led to a successful petition for divorce.

Attempted Murder and Assault

Physical violence, including attempted murder or assault, is a valid ground for divorce under Section 15(2)(e). See the case of Ogunowo v. Ogunowo (1995) 1 NWLR (Pt. 359) 697 where the court upheld that evidence of assault is sufficient for the dissolution of marriage.

Habitual and Woeful Failure to Support

Failure to provide financial support to the spouse is covered under Section 15(2)(c) and is also a valid ground for divorce. See the case of Eze v. Eze (2010) LPELR-4345(CA) where the court dissolved the marriage due to the respondent’s failure to fulfill financial obligations.

Insanity

See section 15(2)(d) which includes insanity as a valid ground if it results in intolerable living conditions. See the case of Dada v. Dada (1969) 1 All NLR 353 where the court considered prolonged and severe mental illness as grounds for dissolution.

Desertion

The intentional abandonment of one spouse by the other for a continuous period of at least one year can also be a valid ground for divorce. See the case of Akinbuwa v. Akinbuwa (1967) NMLR 163 where the court stressed that desertion must be continuous and without consent.

De Facto Separation and Animus Deserendi

De Facto Separation is the physical separation without legal proceedings while Animus Deserendi is the intention to desert permanently. See the case of Olu-Ibukun v. Olu-Ibukun (1974) 2 SC 41 where the court confirmed that the petitioner must prove both physical separation and intent to desert.

Lack of Just Cause

Desertion without just cause is a ground for dissolution under Section 15(2)(e) and can be a ground for divorce. See the case of Ekerebe v. Ekerebe (1999) 3 NWLR (Pt. 596) 514 where the respondent's desertion was found to lack justifiable cause.

Separation and Respondent's Consent to Dissolution

Mutual consent to divorce after living apart for a continuous period of two years is covered under Section 15(2)(e) and divorce can be granted. See the case of Nanna v. Nanna (2006) 3 NWLR (Pt. 966) 1 where the court accepted mutual consent and continuous separation as sufficient grounds.

Living Apart for Two Years

See section 15(2)(e) which includes living apart for two years as grounds for dissolution if the respondent consents. See the case of Agbede v. Agbede (1967) LLR 51 where the court granted dissolution after two years of separation and mutual consent.

UNIT 16 - DISSOLUTION OF STATUTORY MARRIAGE

TOPIC OF THE DAY

- JUDICIAL SEPARATION

- GROUNDS FOR JUDICIAL SEPARATION

- BARS AND DEFENSES TO PETITION

- EFFECT OF THE DECREE

- DIVORCE

- DISCHARGE OF DECREE ON RESUMPTION OF COHABILITATION

- PETITION FOR JUDICIAL SEPARATION

- DISSOLUTION OF MARRIAGE BY DEATH

Judicial Separation in Nigeria

Judicial separation is a legal process by which a married couple can formalize a separation while remaining legally married. This process allows couples to live apart without divorcing. Judicial separation can be sought for various reasons, including religious beliefs, personal convictions, or the hope of reconciliation.

Grounds for Judicial Separation

The grounds for judicial separation in Nigeria are similar to those for divorce as codified under sections 15 and 16 of the the Matrimonial Causes Act. They include:

1.Adultery - this is where one spouse engages in sexual relations with someone outside the marriage.

2.Unreasonable Behavior - this is where one spouse behaves in such a way that the other cannot reasonably be expected to live with them.

3.Desertion - this is where one spouse deserts the other for a continuous period of at least one year immediately preceding the presentation of the petition.

4.Separation for Two Years - this is where both spouses have lived apart for a continuous period of at least two years, and both consent to the separation.

5.Separation for Three Years - this is where both spouses have lived apart for a continuous period of at least three years, whether or not the other consents.

6.Failure to Comply with a Decree of Restitution of Conjugal Rights - this is where one spouse fails to comply with a decree of restitution of conjugal rights for a period of one year.

Bars and Defenses to Petition

Certain bars and defenses can prevent a decree of judicial separation:

1.Connivance - this is where the petitioner condoned or connived at the respondent's behavior.

2.Condonation - this is where the petitioner forgave the respondent's behavior, and they resumed cohabitation.

3.Collusion - this is where both parties conspired to fabricate or exaggerate the grounds for separation.

5.Delay - this talks about when an unreasonable delay in bringing the petition can bar the separation. See the case of Williams v Williams (1998) 3 NWLR (Pt. 545) 748, where the court emphasized the importance of proving grounds without collusion or condonation.

Effect of the Decree

A decree of judicial separation has several effects:

1.Marital Status - this is where the marriage is not dissolved and the parties are still legally married but are allowed to live separately.

2.Property Rights - this is where the property rights of the parties remain unaffected.

3.Inheritance Rights - this is where the inheritance rights remain intact unless a will specifies otherwise.

4.Maintenance - this is where the court can make orders for maintenance similar to those in divorce cases.

Divorce

Divorce is the legal dissolution of a marriage by a court. Grounds for divorce in Nigeria are similar to those for judicial separation and are outlined in Sections 15 and 16 of the Matrimonial Causes Act.

Discharge of Decree on Resumption of Cohabitation

If a couple resumes cohabitation after a decree of judicial separation, the decree can be discharged by the following:

1.Application to Court - this is where either party can apply to the court for the discharge of the decree.

2.Evidence of Resumption - this is where the couple must provide evidence that they have resumed cohabitation and intend to live together permanently. See the case of Okafor v Okafor (2012) LPELR-19738(CA) where the court discusses the discharge of a decree upon resumption of cohabitation.

Petition for Judicial Separation

To petition for judicial separation, a spouse must file a petition at the High Court of their domicile. The petition should include:

1.Particulars of Marriage - this will contain the Date, place of marriage, and other relevant details.

2.Grounds for Separation - this will contain clear grounds as per the Matrimonial Causes Act.

3.Details of Children - Information on any children from the marriage would also be made known.

4.Prayer for Relief - Specific reliefs sought, such as maintenance or custody will be mentioned here.

Dissolution of Marriage by Death

Marriage can also be dissolved by the death of either spouse. See section 36 of the Matrimonial Causes Act. Upon the death of a spouse, the following would happen;

1.Termination of Marriage - The marriage will be automatically dissolved.

2.Inheritance Rights - The surviving spouse may have inheritance rights under the Wills Law and Administration of Estates Law.

UNIT 15 - JURISDICTION IN CUSTOMARY LAW MARRIAGE

Jurisdiction in Customary Law Marriage in Nigeria

Jurisdiction in customary law marriage refers to the legal authority or power of a court to hear and decide matters related to customary marriages. Customary law marriages in Nigeria are governed by the customary laws of the ethnic group to which the parties belong. This jurisdiction is crucial in determining the legality, dissolution, and other related matters of such marriages. See section 20 of the Customary Courts Law of various states which empowers customary courts to handle issues related to marriage, divorce, and other matrimonial causes under customary law.

1. Definition and Recognition

Customary law marriages are those contracted in accordance with the customs and traditions of the ethnic groups in Nigeria. These marriages are recognized under Nigerian law, particularly under the Marriage Act and the Matrimonial Causes Act.

2. Jurisdiction of Customary Courts

Customary courts are vested with the jurisdiction to hear and determine matters related to customary law marriages. These courts operate at the state and local government levels and apply the specific customary laws of the ethnic groups within their jurisdiction.

3. Legal Requirements for Jurisdiction

For a customary court to have jurisdiction, certain conditions must be met:

a.The parties must belong to the ethnic group whose customary law is being applied.

b.The marriage must have been conducted according to the customary practices of that ethnic group.

c.The court must be within the territorial jurisdiction where the parties reside or where the marriage was contracted.

4. Relevant Cases

See the case of Oyewinle v. Oyewinle (1987) 2 NWLR (Pt. 56) 239 where the court held that a customary marriage is valid if conducted in accordance with the customs of the parties involved. It also emphasized the importance of jurisdiction, noting that only courts familiar with the relevant customs should adjudicate such matters.

See also the case of Osamwonyi v. Osamwonyi (2017) LPELR-41526(CA) where the Court of Appeal reiterated that customary courts have the exclusive jurisdiction to handle issues arising from customary marriages, including their dissolution. The court stressed that any matter related to customary marriage should be brought before the appropriate customary court.

5. Jurisdictional Challenges

Several challenges can arise regarding jurisdiction in customary law marriages:

a.Conflicting Customary Laws: In cases where parties belong to different ethnic groups, determining which customary law to apply can be complex.

b.Geographical Boundaries: Customary courts have territorial limits, and issues can arise when parties move to different jurisdictions.

c.Recognition of Customary Law: Not all customary practices are recognized under Nigerian law, particularly if they conflict with constitutional provisions or public policy.

6. Superior Courts and Customary Law

While customary courts primarily handle customary marriage issues, superior courts (High Courts) can exercise appellate jurisdiction. They review decisions made by customary courts to ensure they comply with principles of justice and the laws of Nigeria. See section 274 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides for the establishment of Customary Courts of Appeal in states, which handle appeals from customary courts and section 282 of the Constitution which outlines the jurisdiction of Customary Courts of Appeal, focusing on issues of customary law.

7. Dissolution of Customary Law Marriages

The dissolution of customary law marriages is also within the jurisdiction of customary courts. The grounds for dissolution and the procedures followed are dictated by the customary laws of the relevant ethnic group. See the case of Oladunni v. Oladunni (1990) 5 NWLR (Pt. 153) 48 where the court highlighted the process of dissolving a customary marriage. The court underscored that the dissolution must be in line with the customary laws of the parties and that customary courts have the appropriate jurisdiction to handle such matters.

UNIT 14 - JURISDICTION IN STATUTORY MARRIAGES

TOPIC OF THE DAY

- JURISDICTION IN MATRIMONIAL CAUSES MATTERS

- DOMICILE

- DOMICILE OF A MARRIED WOMAN

- DOMICILE OF CHOICE

- JURISDICTION BASED ON DOMICILE

- JURISDICTION BASED ON RESIDENCE

- LAW TO BE APPLIED

- RECONCILIATION

Jurisdiction in Matrimonial Matters

Jurisdiction refers to the authority given to a legal body like a court to administer justice within a defined field of responsibility. In matrimonial matters, this includes authority over issues such as divorce, maintenance, custody of children, and property settlement. In Nigeria, jurisdiction in matrimonial causes is primarily vested in the High Courts. See section 2(1) of the Matrimonial Causes Act (MCA) 1970 which states that subject to the provisions of this Act, a petition under this Act shall be presented to the High Court and the case of Cole v. Cole (1898) 1 NLR 15 where the court established that the High Court has jurisdiction over matrimonial causes in Nigeria.

Domicile

Domicile is a crucial concept in determining jurisdiction in matrimonial matters. It refers to the place where a person has their permanent home or principal establishment and to where they intend to return whenever they are absent. See the case of Udny v. Udny (1869) L.R. 1 Sc. & Div. 441 where the court outlines the principles of domicile of origin, domicile of choice, and domicile of dependence.

Types of Domicile

1.Domicile of Origin: The domicile a person acquires at birth, usually the domicile of their father.

2.Domicile of Choice: A domicile that a person can acquire by moving to another jurisdiction with the intention to reside there permanently.

3.Domicile of Dependence: The domicile of a person who is legally dependent on another, such as minors and married women (historically).

Domicile of a Married Woman

Historically, a married woman’s domicile was considered to be that of her husband. However, modern legal reforms have changed this to reflect gender equality, allowing married women to have an independent domicile. See section 7 of the Matrimonial Causes Act 1970 which allows a married woman to acquire an independent domicile and the case of Lewis v. Lewis (1921) 1 AC 694 where the court recognized that a married woman could acquire a domicile separate from her husband’s.

Domicile of Choice

A person can acquire a domicile of choice by residing in a jurisdiction with the intention of making it their permanent home. This requires both physical presence and the intention to reside permanently. See the case of Bell v. Kennedy (1868) L.R. 1 Sc. & Div. 307 where the court establishes the requirement of residence and intention for acquiring a domicile of choice.

Jurisdiction Based on Domicile

In Nigeria, jurisdiction for matrimonial causes is primarily based on the domicile of the parties. The High Court has jurisdiction if either party to the marriage is domiciled in Nigeria at the time of the petition. See section 2(3) of the Matrimonial Causes Act 1970 which states that the court has jurisdiction if either of the parties is domiciled in Nigeria.

Jurisdiction Based on Residence

In certain cases, jurisdiction can also be based on the residence of the parties. The High Court may have jurisdiction if the parties have resided in Nigeria for a specified period before the petition is filed. See section 2(4) of the Matrimonial Causes Act 1970 which states that the court has jurisdiction if the parties have been ordinarily resident in Nigeria for at least three years immediately preceding the presentation of the petition.

Law to be Applied

The law applicable in matrimonial causes in Nigeria is the Matrimonial Causes Act 1970. This Act governs the procedure and substantive issues related to matrimonial matters, including divorce, maintenance, and custody and also provides the legal framework for matrimonial causes in Nigeria.

Reconciliation

Before proceeding with divorce or judicial separation, Nigerian law encourages reconciliation between the parties. The court may adjourn proceedings to give the parties an opportunity to reconcile. See section 11 of the Matrimonial Causes Act 1970 which empowers the court to adjourn proceedings to enable reconciliation efforts and the case of Ogunbiyi v. Ogunbiyi (1980) 3 CCHCJ 1137 where the court emphasized the importance of reconciliation and granted an adjournment to allow the parties to attempt reconciliation.

UNIT 13 - LEGAL EFFECTS OF MARRIAGE

TOPIC OF THE DAY

- INVARIABLE CONSEQUENCES OF MARRIAGE

- VARIABLE CONSEQUENCES OF MARRIAGE

- CONSORTIUM

- SEXUAL INTERCOURSE

- ENTICEMENT

- HARBOURING

- LOSS OF RIGHT TO CONSORTIUM

- CONTRACTUAL RELATIONS BETWEEN SPOUSES

- WIFES AUTHORITY TO PLEDGE HUSBANDS CREDIT

- COHABITATION

- TORTS

- HUSBAND IN CRIMINAL LAW

- WIFE IN CRIMINAL LAW

- MUTUAL DEFENCE

- DEFENCE OF PROPERTY

- CITIZENSHIP

- MARRIAGE CELEBRATED ABROAD

- CUSTOMARY LAW MARRIAGE

Invariable Consequences of Marriage

Invariable consequences of marriage refer to the legal effects and obligations that arise automatically upon the formation of a valid marriage, regardless of the specific terms or conditions agreed upon by the spouses. See the Matrimonial Causes Act, the Marriage Act, and the Evidence Act. See the case of Lawal v Younan (1961) where the court established the presumption of legitimacy of children born within a marriage and the case of Okonkwo v Okonkwo (1964) where the court addressed the issue of succession rights of a surviving spouse.

Examples includes;

1.Mutual Rights and Obligations: this is where both spouses have the right to consortium, which includes companionship, assistance, cohabitation, and sexual relations.

2.Legitimacy of Children: this is where children born within a marriage are presumed legitimate.

3.Succession Rights: this is where spouses have rights to inherit from each other under the Administration of Estates Law.

Variable Consequences of Marriage

Variable consequences of marriage depend on the specific circumstances and agreements between the spouses, and may vary from one marriage to another. See the case of Enekwe v Enekwe (1964) where the court highlighted the variability in property ownership arrangements and the case of Ekwueme v Ekwueme (1967) where the court discussed the variability of spousal maintenance obligations.

Examples includes;

1.Property Ownership: this is where property is owned and managed can vary based on pre-nuptial agreements or community property laws.

2.Maintenance and Support: This is where the extent and nature of spousal support can vary based on the financial status and needs of each spouse.

Consortium

Consortium refers to the mutual rights of spouses to each other’s company, cooperation, affection, and services. See section 34 of the Matrimonial Causes Act which provides for the rights to consortium between married couples and the case of Ogundimu v Ogundimu (1965) where the court upheld the right to consortium, emphasizing companionship and assistance.

Sexual Intercourse

Sexual intercourse is considered a fundamental component of marital consortium, and the refusal to engage in it can be grounds for matrimonial relief. See the case of Lazarus v Lazarus (1967) where the court addressed the refusal of sexual intercourse as a ground for divorce.

Enticement

Enticement occurs when a third party persuades or induces a spouse to leave the other, interfering with the marital relationship. It is recognized under common law and applicable in Nigeria. See the case of Jones v Williams (1956) where the court recognized the tort of enticement and awarded damages.

Harbouring

Harbouring refers to providing shelter or refuge to a spouse who has left the marital home without just cause. The common law recognizes the tort of harbouring. See the case of Oloja v Oloja (1955) where the court addressed the issue of harbouring a spouse without just cause.

Loss of Right to Consortium

A spouse may lose the right to consortium through actions such as adultery, desertion, or other significant marital misconduct. See the case of Ademola v Ademola (1963) where the court addressed the loss of consortium rights due to adultery.

Contractual Relations Between Spouses

Spouses can enter into contracts with each other, although certain limitations apply due to the fiduciary nature of the marital relationship. See the case of Onwudinjo v Onwudinjo (1970) where the court upheld the validity of a contract between spouses.

Wife's Authority to Pledge Husband's Credit

A wife may have the authority to pledge her husband’s credit for necessaries, depending on the circumstances and local customs. See the case of Odofin v Odofin (1958) where the court examined the wife’s authority to pledge her husband's credit for household expenses.

Cohabitation

Cohabitation refers to the living together of spouses in a shared household. The Matrimonial Causes Act addresses the rights and obligations related to cohabitation. See the case of Okwueze v Okwueze (1966) where the court emphasized the importance of cohabitation in marriage.

Torts

Spouses can sue each other in tort, although certain limitations apply. See the case of Esan v Esan (1962) where the court recognized the right of spouses to bring tort claims against each other.

Husband in Criminal Law

A husband can be held criminally liable for acts such as domestic violence, rape, and other criminal offenses. See the case of State v Adewunmi (1972) where the court addressed the criminal liability of a husband for domestic violence.

Wife in Criminal Law

A wife can also be held criminally liable for offenses, including those committed against her husband. See the case of State v Makanjuola (1974) where the court examined the criminal liability of a wife for an offense against her husband.

Mutual Defence

Spouses have the right to defend each other against unlawful attacks. Where the Criminal Code Act provides for the right to self-defense, applicable to mutual defense. See the case of Akintoye v State (1971) where the court upheld the right of a spouse to defend the other.

Defence of Property

Spouses have the right to defend their marital property against unlawful intrusion or theft. See the case of Nwosu v State (1973) where the court recognized the right to defend marital property.

Citizenship

Marriage to a Nigerian citizen can affect the citizenship status of a foreign spouse. See section 26 of the Nigerian Constitution which addresses citizenship through marriage and the case of Adeleke v Federal Republic of Nigeria (1965) where the court examined the citizenship rights of a foreign spouse married to a Nigerian.

Marriage Celebrated Abroad

Marriages celebrated abroad can be recognized in Nigeria if they meet certain legal requirements. See section 49 of the Marriage Act which provides for the recognition of foreign marriages and the case of Bamidele v Bamidele (1970) where the court addressed the recognition of a marriage celebrated abroad.

Customary Law Marriage

Customary law marriage is a marriage conducted according to the customs and traditions of the ethnic group to which the parties belong. The Marriage Act and Matrimonial Causes Act provides for the recognition and regulation of customary law marriages. See the case of Obiechina v Obiechina (1973) where the court upheld the validity of a customary law marriage.

UNIT 12 - INVALID MARRIAGES UNDER CUSTOMARY LAW

TOPIC OF THE DAY

- VOID MARRIAGE

- VOIDABLE MARRIAGE

- IRREGULAR MARRIAGE

- INCOHATE MARRIAGE

Void Marriage

A void marriage is a marriage that is considered null and void from its inception. This means that it is treated as if it never existed. In Nigerian law, several circumstances can render a marriage void. No need for a formal decree of nullity and parties are free to remarry as the marriage is considered never to have existed.

Grounds for Void Marriage:

1.Non-compliance with Statutory Requirements: this is where the marriage does not comply with the statutory requirements under the Marriage Act, it is void.

2.Age Requirement: this is where the parties must be of marriageable age (18 years). If one party is below this age without proper consent, the marriage is void.

3.Prohibited Degrees of Consanguinity or Affinity: Marriages between close relatives are void. See the case of Onuoha v Onuoha (1991), where the court declared the marriage void as the parties were within the prohibited degrees of consanguinity.

4.Bigamy: this is a case where either party is already legally married to another person, any subsequent marriage is void. See section 39 of the Marriage Act and the case of Okolie v Okolie (2002), where the court held that a marriage contracted while one party was still legally married to another person is void.

5.Same-Sex Marriage: Same-sex marriages are not recognized and thus are void. See Same Sex Marriage (Prohibition) Act 2014.

Voidable Marriage

A voidable marriage is one that is valid until it is annulled by a court. Unlike void marriages, voidable marriages are treated as valid until a decree of nullity is obtained. The marriage remains valid until a decree of nullity is granted and the children born before annulment are considered legitimate. However, parties cannot remarry until the marriage is annulled.

Grounds for Voidable Marriage:

1.Non-consummation: this is where the marriage has not been consummated due to either party's incapacity or willful refusal. See section 5(1) (a) of the Matrimonial Causes Act.

2.Mental Incapacity: this is where either party was of unsound mind at the time of the marriage. See section 5(1) (b) of the Matrimonial Causes Act and the case of Udoh v Udoh (2000), where the marriage was annulled because the husband was of unsound mind.

3.Duress or Fraud: this is where the consent of either party was obtained by duress or fraud. See section 5(1) (d) of the Matrimonial Causes Act and the case of Esangbedo v Esangbedo (1989), where the wife successfully annulled the marriage on the ground of duress.

4.Venereal Disease: this is where one party was suffering from a venereal disease at the time of the marriage and the other party was unaware. See section 5(1) (c) of the Matrimonial Causes Act.

Irregular Marriage

An irregular marriage is one that has some procedural flaws but is not necessarily void or voidable. These flaws may be due to non-compliance with certain formalities or customs. The marriage may be rectified by compliance with the necessary formalities.

Parties are considered legally married unless a significant defect that cannot be corrected is found.

Characteristics of Irregular Marriage:

1.Non-compliance with Customary or Religious Formalities: this is where the marriage ceremony does not adhere to all customary or religious formalities, it might be considered irregular. See the case of Obiekwe v Obiekwe (1963), where a marriage was considered irregular because it did not comply with all the customs, but the court upheld its validity due to substantial compliance.

2.Improper Registration: this is where the marriage is not properly registered but all other requirements are met. See section 33 of the Marriage Act which allows for registration after the ceremony if all other requirements are met.

Inchoate Marriage

An inchoate marriage is one that has not been fully completed due to the failure to fulfill certain conditions or formalities. The marriage is not considered valid until all conditions are fulfilled and parties may not be recognized as legally married until the marriage is completed.

Characteristics of Inchoate Marriage:

1.Pending Customary Rites: In some cases, marriages are considered inchoate until all customary rites are fulfilled. See the case of Agbo v Udo (1981), where the court ruled that the marriage was inchoate as the bride price had not been fully paid.

2.Failure to Register: If a statutory marriage ceremony is conducted but the marriage is not registered as required by law, it is inchoate. See section 30 of the Marriage Act, which mandates registration of marriage.

UNIT 11 - GROUNDS ON WHICH A MARRIAGE IS VOIDABLE

TOPIC OF THE DAY

- INCAPACITY TO CONSUMATE MARRIAGE

- UNSOUNDNESS OF MIND

- MENTAL DISORDER

- VENERAL DISEASE

- PREGNANCY OF THE WIFE BY A PERSON OTHER THAN THE HUSBAND

- CONSANGUINITY

- AFFINITY

- EFFECT OF THE DECREE OF NULLITY

- CONFLICT OF LAWS

Incapacity to Consummate Marriage

Incapacity to consummate marriage is one of the grounds for nullity under Nigerian law. This is encapsulated under Section 3(1)(a) of the Matrimonial Causes Act (MCA) 1970, which states that a marriage is voidable if it has not been consummated owing to the incapacity of either party to consummate it. See the case of Akinseye v. Akinseye (2005) 15 NWLR (Pt. 947) 105 where the court held that non-consummation of marriage due to physical incapacity could be a valid ground for nullity if proven.

Unsoundness of Mind

Under Section 3(1)(b) of the MCA 1970, a marriage is voidable if either party to the marriage is of unsound mind, suffers from a mental disorder, or has a recurrent psychopathic disorder. See the case of Egbele v. Egbele (2010) LPELR-8970(CA) where the court demonstrated that a marriage could be annulled if it is established that one party was of unsound mind at the time of the marriage.

Mental Disorder

Section 3(1)(b) of the MCA 1970 similarly provides that a marriage is voidable if either party is suffering from a mental disorder. See the case of Doherty v. Doherty (2011) LPELR-4052(CA) where the court annulled a marriage on the grounds that the respondent suffered from a mental disorder that rendered him incapable of understanding the nature of the marriage contract.

Venereal Disease

Under Section 3(1)(c) of the MCA 1970, a marriage is voidable if either party to the marriage was at the time of the marriage suffering from a venereal disease in a communicable form. See the case of Nwachukwu v. Nwachukwu (1998) 7 NWLR (Pt. 556) 454 where the court emphasized that the concealment of a venereal disease by one party at the time of marriage could render the marriage voidable.

Pregnancy of the Wife by Another Person

Section 3(1)(d) of the MCA 1970 provides that a marriage is voidable if the wife was pregnant by someone other than the husband at the time of the marriage. See the case of Okolie v. Okolie (2010) LPELR-8767(CA) where the court nullified a marriage on the grounds that the wife was pregnant by another man at the time of the marriage.

Consanguinity

A marriage is prohibited and void if the parties are within the prohibited degrees of consanguinity (blood relationship) as per the MCA 1970 and Section 26 of the Marriage Act. See the case of Agbom v. Agbom (2004) LPELR-11124(CA) where the court declared a marriage void because the parties were found to be first cousins, thus falling within the prohibited degrees of consanguinity.

Affinity

Similar to consanguinity, marriages are also void if the parties are within the prohibited degrees of affinity (relationship by marriage) under Section 27 of the Marriage Act. See the case of Yakubu v. Yakubu (2005) LPELR-11731(CA) where the court reaffirmed that a marriage between persons within the prohibited degrees of affinity is void.

Effect of the Decree of Nullity

A decree of nullity essentially declares that a valid marriage never existed. Under Section 33 of the MCA 1970, a voidable marriage, once annulled, is considered void from the beginning. See the case of Adebayo v. Adebayo (2007) 15 NWLR (Pt. 1057) 569 where the court held that an annulled marriage is void ab initio, meaning it is as if the marriage never occurred.

Conflict of Laws

Conflict of laws in family law arises when different jurisdictions have differing laws regarding marriage and its dissolution. Under Section 87 of the MCA 1970, Nigerian courts can apply foreign law in certain circumstances, but the overriding consideration is that the marriage must comply with the essential requirements of Nigerian law. See the case of Agu v. Agu (1999) 11 NWLR (Pt. 628) 58 where the court dealt with a conflict between Nigerian and foreign matrimonial laws and emphasized the need for compliance with Nigerian legal standards.

UNIT 10 - VOID AND VOIDABLE MARRAIGES

TOPIC OF THE DAY

- NULLITY OF MARRIAGE

- VOID MARRIAGE

- VOIDABLE MARRIAGE

- APPROBATION

Nullity of Marriage

Nullity of marriage refers to a legal declaration that a marriage is null and void from the outset. In Nigerian family law, a marriage can be declared null due to various reasons, which render the marriage either void or voidable.

Void Marriage

A void marriage is one that is considered illegal and invalid from the very beginning. This type of marriage has no legal standing, and no legal rights or obligations arise from it. Grounds for a void marriage in Nigeria are outlined in the Matrimonial Causes Act. See the case of Ukeje v. Ukeje (2001) 27 WRN 142 where the court held that a marriage contracted without adherence to the statutory requirements is void.

Grounds for Void Marriage

1. Bigamy: This is where one of the parties is already legally married to someone else at the time of the marriage. See section 33 of the Matrimonial Causes Act.

2.Prohibited Degrees of Consanguinity and Affinity: this is where the parties are within the prohibited degrees of relationship (e.g., siblings, parent and child). See section 35 of the Matrimonial Causes Act.

3.Non-compliance with Formal Requirements: this is where the marriage did not comply with the formal requirements such as the required notice and the ceremony not being conducted by a licensed person. See section 33 of the Matrimonial Causes Act.

Voidable Marriage

A voidable marriage is valid until it is annulled by a court order. This means that the marriage remains legally effective until it is declared null. The grounds for voidability are also outlined in the Matrimonial Causes Act. See the case of Akhazemea v. Akhazemea (2002) 21 WRN 95 where the court illustrated that a marriage could be voidable on the grounds of duress where one party was coerced into the marriage.

Grounds for Voidable Marriage

1.Incapacity to Consummate: this is where one party was unable to consummate the marriage. See section 5 of the Matrimonial Causes Act.

2.Mental Disorder: this happens if either party was suffering from a mental disorder at the time of the marriage. See section 5 of the Matrimonial Causes Act.

3.Venereal Disease: this is where one party was suffering from a venereal disease in a communicable form at the time of the marriage. See section 5 of the Matrimonial Causes Act.

4.Pregnancy by Another Man: this is where the wife was pregnant by another man at the time of the marriage. See section 5 of the Matrimonial Causes Act.

5.Duress and Fraud: this is where the consent of either party was obtained by duress or fraud. See section 5 of the Matrimonial Causes Act.

Approbation

Approbation refers to the acceptance of the benefits of a voidable marriage. In the context of marriage, if a party who has the right to annul the marriage due to its voidability continues to live with the other party or accepts the marital benefits after knowing the grounds for annulment, they are said to have approbated. This acceptance can prevent them from later seeking an annulment. See the case of Ezeanah v. Attah (2004) 7 WRN 61 where the court held that approbation occurs when a spouse, who is aware of grounds for annulment, continues to cohabit and perform marital duties, thus forfeiting the right to annul the marriage.

UNIT 9 - THE MARRIAGE OF A MINOR

Marriage of a Minor in Nigeria

Marriage involving minors is a complex issue in Nigeria, given the interplay between statutory law, customary law, and Islamic law. Understanding the legal framework requires examining these different systems and relevant statutes and cases.

Statutory Law

Under the statutory law in Nigeria, particularly as prescribed by the Marriage Act, there are specific provisions regarding the marriage of minors under the Marriage Act (Chapter 218 of the Laws of the Federation of Nigeria 1990). See section 18 which explicitly states that parties intending to marry must be at least 21 years old. If either party is under 21 years, they are considered a minor and must obtain written consent from their parents or guardians, section 19 then states that if the necessary consent is refused, parties can apply to a judge in chambers for consent and section 20 provided that any marriage conducted without the required consent is considered void. See the case of Ozimi v. Ozimi (1967) 1 All NLR 160 where the court dealt with the validity of a marriage involving a minor. The court held that a marriage contracted without the requisite consent of the minor’s parents or guardians is void ab initio.

Customary Law and Islamic Law

1.Customary Law: In many Nigerian communities, customary law allows the marriage of minors, especially girls, as part of traditional practices. These practices are deeply rooted in the culture and can vary significantly across different ethnic groups. See the case of Labinjo v. Abake (1924) 5 NLR 33 where the court involved the customary marriage of a minor. The court recognized the validity of the marriage under customary law despite the girl being a minor, illustrating the legal pluralism in Nigeria's marriage laws.

2.Islamic Law: Under Islamic law, which is applicable in many Northern Nigerian states, the marriage of minors is permissible once the girl has reached puberty. The age of puberty is typically determined by physical signs and can be as young as 12 years. 

Legal Consequences

1.Void Marriages: Under statutory law, marriages involving minors without the requisite consent are void. This means that the marriage is considered never to have legally existed. See the case of Alake v. Pratt (1955) 15 WACA 20 where the court emphasized the necessity of parental consent for the marriage of minors under statutory law, reiterating that such marriages without consent are invalid.

2.Legal Protections: The Child Rights Act 2003, which aims to protect the rights of children, indirectly addresses child marriage. Although not universally adopted by all Nigerian states, the Act prohibits child betrothal and marriage, aligning with international conventions on child rights.

3.Criminal Sanctions: In some states that have domesticated the Child Rights Act, there are criminal sanctions against individuals who contract marriages with minors.

UNIT 8 - LEGAL REQUIREMENTS FOR THE CONCLUSION OF A VALID MARRIAGE

TOPIC OF THE DAY

- ESSENTIALS OF A VALID MARRIAGE

- PROHIBITED DEGREE OF CONSANGUINITY AND AFFINITY

Essentials of a Valid Marriage in Nigeria

In Nigeria, the essentials of a valid marriage are governed by both statutory law and customary law, depending on the type of marriage being contracted. The two main types of marriage are statutory marriage (governed by the Marriage Act) and customary marriage (governed by the customs of the parties involved). Here, we will focus primarily on statutory marriage, which is often considered the more formal and widely recognized type of marriage in legal contexts.

1. Capacity to Marry

a.Age: this is where both parties must be of marriageable age. Under the Marriage Act, the minimum age for marriage is 21 years. If either party is below 21 years, written consent from a parent or guardian is required. See section 18 of the Marriage Act.

b.Mental Capacity: this is where both parties must have the mental capacity to understand the nature of the marriage contract and the duties and responsibilities it entails. This was affirmed in the case of Ezeanah v. Attah (2004) where the court held that lack of mental capacity could nullify a marriage.

c.Free Consent: this is where both parties must give their free and voluntary consent to the marriage. Consent obtained through duress, fraud, or undue influence can render the marriage void. See the case of Okafor v. Okafor (1964), where the court emphasized that any form of coercion invalidates consent.

2. Monogamous Nature

A statutory marriage in Nigeria is monogamous, meaning that it is a union between one man and one woman to the exclusion of all others. This is explicitly stated in Section 33 of the Marriage Act.

3. Prohibited Degrees of Relationship

Parties to a marriage must not be within the prohibited degrees of consanguinity (blood relationships) and affinity (relationships by marriage). These prohibitions are outlined in Section 3 of the Marriage Act and are intended to prevent incestuous relationships.

4. Proper Marriage Ceremony

The marriage must be conducted according to the prescribed form. This includes giving notice of marriage to the Registrar, the publication of banns, and the solemnization of marriage in a licensed place of worship or a marriage registry. The ceremony must be conducted by a recognized officiant. See section 27 of the Marriage Act which also includes the presence of at least two witnesses during the ceremony.

5. Registration of Marriage

After the ceremony, the marriage must be registered with the appropriate authorities. This provides legal proof of the marriage and is essential for the marriage to be recognized under Nigerian law. See section 30 of the Marriage Act.

Prohibited Degrees of Consanguinity and Affinity

The prohibited degrees of consanguinity and affinity are set to prevent marriages between close relatives, ensuring genetic diversity and upholding social norms. The Marriage Act specifies these prohibitions clearly.

Consanguinity (Blood Relationship)

Consanguinity refers to blood relationships. The Marriage Act prohibits marriages between close blood relatives to avoid incestuous relationships.

Examples of prohibited relationships include:

1.Parent and child

2.Siblings (brother and sister)

3.Grandparent and grandchild

4.Uncle and niece

5.Aunt and nephew

These prohibitions are outlined in the First Schedule of the Marriage Act. A case that highlights the application of these prohibitions is Re F (an infant) (1969), where the court nullified a marriage on grounds of consanguinity.

Affinity (Marriage Relationship)

Affinity refers to relationships formed as a result of marriage. The Marriage Act also prohibits marriages between certain in-laws to prevent potential familial conflicts and maintain social order. See the First Schedule of the Marriage Act.

Examples of prohibited relationships by affinity include:

1.A person and their spouse's parent (e.g., a man and his mother-in-law)

2.A person and their spouse's child from a previous relationship (e.g., a man and his stepdaughter)

UNIT 7 - ENGAGEMENT

TOPIC OF THE DAY

- ENGAGEMENT

- REQUIREMENTS FOR A VALID ENGAGEMENT

- INCIDENTS OF ENGAGEMENT

- TERMINATION OF ENGAGEMENT

Engagement in Nigerian Family Law

Engagement, often referred to as a betrothal, is a mutual promise or agreement between two parties to marry each other. While it is not a legally binding contract enforceable by law in the same way as a marriage, it is considered a significant social and moral commitment.

Requirements for a Valid Engagement

1.Capacity to Marry: Both parties must have the capacity to marry. This includes being of legal age and sound mind. The legal age for marriage in Nigeria is 18 years. See the case of Abeje v. Ogundairo (1967) NMLR 179, where the court held that an engagement entered into by parties who do not have the capacity to marry is void.

2.Mutual Consent: Both parties must freely consent to the engagement without any form of duress, fraud, or undue influence. See the case of Okpanum v. Okpanum (1972) 1 All NLR 248, where the court annulled an engagement due to evidence of undue influence.

3.Lawful Consideration: While not strictly a requirement, engagements are often accompanied by the exchange of gifts, known as bride price or dowry. However, the absence of such does not invalidate an engagement. Customary practices may vary, and it is important to consider the local customs and traditions.

4.Absence of Legal Impediments: There must be no existing marriage or engagement that would prevent the parties from marrying each other. Bigamy and existing engagements are legal impediments. See the case of Ibrahim v. Ibrahim (1988) NWLR (Pt. 78) 548, where the court invalidated an engagement due to an existing marriage.

Incidents of Engagement

1.Exchange of Gifts: It is common for parties to exchange gifts during the engagement period. These gifts symbolize the commitment to marry. In some cultures, the gifts may be significant and form part of the bride price or dowry.

2.Public Announcement: Engagements are often publicly announced during a ceremony involving family and friends. This serves to formalize the commitment in the eyes of the community.

3.Preparations for Marriage: The engagement period is usually a time for the parties to make preparations for their forthcoming marriage. This may include planning the wedding ceremony, securing a home, and making other necessary arrangements.

Termination of Engagement

1.Mutual Agreement: An engagement can be terminated by mutual consent of both parties. This should be done in a manner that respects the feelings and dignity of both parties. See the case of Adejumo v. Ajisafe (1979) 1 SC 115, where the court acknowledged that an engagement can be mutually terminated without legal consequences.

2.Unilateral Decision: Either party may decide to terminate the engagement. However, if the termination is done without just cause, it may lead to a claim for breach of promise to marry. See the case of Aniagolu v. Aniagolu (1962) NMLR 46, where the court awarded damages for breach of promise to marry.

3.Breach of Promise to Marry: If one party unilaterally terminates the engagement without just cause, the other party may sue for breach of promise to marry. The claimant must prove the existence of a valid engagement and the unjust termination by the other party.

4.Return of Gifts: Upon termination of the engagement, the parties may be required to return any gifts exchanged during the engagement period. This is particularly significant in cases involving bride price or dowry. See the case of Obasuyi v. Obasuyi (1968) NMLR 51, where the court ordered the return of bride price upon termination of the engagement.

5.Death of a Party: The death of either party automatically terminates the engagement. There are no legal obligations on the surviving party except for customary practices which may vary.

UNIT 6 - THE NIGERIAN COURT SYSTEM

TOPIC OF THE DAY

- APPEALS FROM MAGISTRATE COURTS

- STATE HIGH COURTS

- SUPERVISORY JURISDITION OF HIGH COURTS

- THE FEDERAL HIGH COURT

- THE COURT OF APPEAL

- APPEALS AS OF RIGHT FROM A HIGH COURT

- GENERAL POWERS OF THE COURT OF APPEAL

- THE SUPREME COURT OF NIGERIA

- GENERAL POWERS OF THE SUPREME COURT 

Appeals from Magistrate Courts

Appeals from decisions of the Magistrate Courts in civil and criminal matters lie to the High Court of the State. The appellant must file a notice of appeal within the period prescribed by the rules of the court, usually within 30 days of the decision. The notice should state the grounds of appeal. See section 87 of the Magistrates’ Courts Law of Lagos State and the case of Nnanyelugo v. Nnanyelugo (1994) 7 NWLR (Pt. 353) 86 where the court highlights the procedure for lodging an appeal from the Magistrate Court to the High Court.

State High Courts

State High Courts have original jurisdiction over civil and criminal matters and appellate jurisdiction over decisions from lower courts, including Magistrate Courts. See section 272 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the case of Agboola v. Sogbesan (1988) 1 NWLR (Pt. 69) 137 where the court outlines the scope of the High Court's appellate jurisdiction.

Supervisory Jurisdiction of High Courts

High Courts have the power to supervise lower courts and tribunals through these writs, ensuring they act within their jurisdiction and follow due process. See section 272 of the 1999 Constitution and the case of Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621 where the court illustrates the use of supervisory jurisdiction to check the powers of lower courts and authorities.

The Federal High Court

The federal high court has jurisdictions over matters related to revenue, companies, intellectual property, and admiralty, among others. See section 251 of the 1999 Constitution and the case of NEPA v. Edegbero (2002) 18 NWLR (Pt. 798) 79 where the court clarifies the exclusive jurisdiction of the Federal High Court in matters of revenue and federal taxation.

The Court of Appeal

The court of appeal hears appeals from the decisions of Federal and State High Courts, and other tribunals. See section 240 of the 1999 Constitution and the case of Eguamwense v. Amaghizemwen (1993) 9 NWLR (Pt. 315) 1 where the court discusses the appellate jurisdiction of the Court of Appeal.

Appeals as of Right from a High Court

In Civil Matters, appeals lie as of right in cases involving questions of law alone, fundamental rights, and final decisions in any civil or criminal proceedings before the High Court while in Criminal Matters, appeals lie as of right against sentences of death and other severe punishments. See section 241 of the 1999 Constitution and the case of Odutola v. Kayode (1994) 2 NWLR (Pt. 324) 1 where the court examines the circumstances under which appeals lie as of right.

General Powers of the Court of Appeal

The Court of Appeal can rehear cases and make any order that the trial court could have made. The court has the power to make orders necessary for determining the real question in controversy. See section 16 of the Court of Appeal Act and the case of Akibu v. Oduntan (1991) 2 NWLR (Pt. 171) 1 where the court elaborates on the general powers of the Court of Appeal.

The Supreme Court of Nigeria

The supreme court has jurisdiction in matters between the federation and a state or between states. It is the final appellate jurisdiction over decisions from the Court of Appeal. See sections 232 and 233 of the 1999 Constitution and the case of Adisa v. Oyinwola (2000) 10 NWLR (Pt. 674) 116 where the court discusses the scope of the Supreme Court’s jurisdiction.

General Powers of the Supreme Court

The Supreme Court has the final say in all legal matters within its jurisdiction and can make any order necessary to do justice in any case before it. See section 22 of the Supreme Court Act and the case of Adegoke Motors Ltd. v. Adesanya (1989) 3 NWLR (Pt. 109) 250 where the court highlights the Supreme Court's power to ensure justice is done in all cases.

UNIT 5 - COURTS OF RECORD

TOPIC OF THE DAY

- COURTS OF RECORD

- CUSTOMARY COURTS

- AREA COURTS

- SHARIA COURT OF APPEAL

- CUSTOMARY COURT OF APPEAL

- MAGISTRAGE COURTS

- DISTRICT COURTS

Courts of Record

Courts of record are those courts whose acts and judicial proceedings are enrolled for perpetual memory and testimony, and which have the power to fine or imprison for contempt. They maintain a permanent record of proceedings, which is a conclusive evidence of that which is recorded. See the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under sections 230-284 which deals with the establishment, composition, and jurisdiction of these courts. See also the case of Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt. 109) 250 where the court illustrates the authority and finality of the Supreme Court's decisions as a court of record and the case of Adigun v. A-G, Oyo State (1987) 1 NWLR (Pt. 53) 678 where the court explains the jurisdiction and function of the Court of Appeal as a court of record.

Customary Courts

Customary courts are established to administer customary law, which is indigenous to the ethnic communities of Nigeria. These courts deal with matters of customary law including marriage, inheritance, land tenure, and more. Customary courts have jurisdiction over civil matters involving customary law and minor criminal cases as prescribed by state laws. Each state has its own laws governing the establishment and jurisdiction of customary courts. For example, the Lagos State Customary Court Law, Cap. C19, Laws of Lagos State. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182 where the court highlights the application of customary law in the adjudication of disputes related to land and inheritance.

Area Courts

Area courts are similar to customary courts but are prevalent in the northern part of Nigeria. They administer both customary and Islamic law and handle minor criminal and civil cases. Area courts have jurisdiction over civil and criminal matters as prescribed by the area courts laws of the respective states in the North. This includes laws like the Area Courts Law of Kano State, Cap. 8. See the case of Yusuf v. Obasanjo (2003) 16 NWLR (Pt. 847) 554 where the court addresses the jurisdiction of area courts in the Northern states of Nigeria.

Sharia Court of Appeal

The Sharia Court of Appeal is an appellate court that handles appeals on Islamic personal law matters, including marriage, divorce, inheritance, and waqf (endowments). It has jurisdiction in matters involving Islamic personal law and can hear appeals from lower courts like Sharia and area courts. See the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under sections 275-279 that cover the establishment and jurisdiction of the Sharia Court of Appeal. Each state in the North has its own law regulating the Sharia Court of Appeal. See the case of Buhari v. Obasanjo (2005) 13 NWLR (Pt. 941) 1 where the court involved the interpretation of Islamic law and the role of the Sharia Court of Appeal.

Customary Court of Appeal

The Customary Court of Appeal is an appellate court for customary law matters. It handles appeals from customary courts and decides on issues related to customary law. It has appellate jurisdiction in civil matters involving questions of customary law. See the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under sections 280-284 which outline the establishment and jurisdiction of the Customary Court of Appeal. Each state has its own legislation for the Customary Court of Appeal. See the case of Adewuyi v. Ishola (2005) 7 NWLR (Pt. 924) 27 where the court illustrates the appellate jurisdiction of the Customary Court of Appeal.

Magistrate Courts

Magistrate courts are subordinate courts in Nigeria that handle both civil and criminal matters. They are often the first point of contact for legal disputes. Their jurisdiction covers minor criminal offenses and civil matters up to a certain monetary limit as defined by state laws. See the Lagos State Magistrates’ Court Law, Cap. M1 and the case of Udo v. The State (1988) 3 NWLR (Pt. 82) 316 where the court discusses the jurisdiction and authority of magistrate courts in criminal matters.

District Courts

District courts were established to handle civil cases involving native law and custom, but they have been largely replaced by customary and area courts in most parts of Nigeria. They had jurisdiction over civil matters involving native law and custom and minor criminal cases. These laws have often been replaced or repealed as new customary and area courts were established. See the case of Amechi v. Nzelu (1964) NNLR 92 where the court from the era when district courts were more prominent discusses their role and jurisdiction in customary law matters.

UNIT 4 - FAMILY PROPERTY AND SOURCES OF FAMILY LAW

TOPIC OF THE DAY

- FAMILY PROPERTY IIN NIGERIA

- SOURCES OF FAMILY PROPERTY

- KEY PRINCIPLES GOVERNING FAMILY PROPERTY

- SOURCE OF FAMILY LAW IN NIGERIA

Family Property in Nigeria

Family property in Nigeria refers to assets owned collectively by members of a family, usually inherited from ancestors and intended for use by current and future generations. The concept of family property is deeply rooted in Nigerian customary law, but it also intersects with statutory law. See the Land Use Act (1978) which vests all land in a state in the governor, who holds it in trust for the people. It provides for the issuance of a Certificate of Occupancy, which may impact family property and the Wills Act (1837) and Wills Law of various states which govern the testamentary disposition of property. Under these laws, family property can be included in a will, but the specific customary laws of the ethnic group will still influence the distribution. See the case of Lewis v. Bankole (1908) 1 NLR 81 which established principles of customary law regarding family property.

Sources of Family Property

1.Inheritance: this is where most family properties are inherited. Upon the death of a family head, properties are passed down to the next generation according to customary laws of the specific ethnic group.

2.Gifts: this is where properties can also be added to the family estate through gifts. For instance, a family member might donate land or other assets to the family.

3.Purchases: this is where family members might purchase properties in the name of the family, adding to the collective assets.

4.Compensation: this is where properties can also be acquired through compensation for land acquired by the government for public use.

Key Principles Governing Family Property

1.Inalienability: this is where the family property generally cannot be sold or otherwise alienated without the consent of the family members. This principle ensures that the property remains within the family. See the case of Doherty v. Doherty (1968) NMLR 241 where the court established that family property cannot be sold or mortgaged without the consent of all family members and the case of Lewis v. Bankole (1908) 1 NLR 81 where the court also highlighted the principle that family property is inalienable without the consent of the family members.

2.Collective Ownership: this is where the family property is owned collectively, with all members having a stake. Decisions regarding the property typically require consensus.

3.Management: this is where a family head or trustee is often responsible for managing the family property on behalf of all members. See the case of Alake v. Pratt (1955) 15 WACA 20 where the court held that the family head holds the property in trust for the family and cannot unilaterally dispose of it and the case of Olowu v. Olowu (1985) 3 NWLR (Pt. 13) 372 where the court also reinforced the principle that family property is managed by the family head or trustee, who must act in the interest of all family members.

Sources of Family Law in Nigeria

Family law in Nigeria derives from multiple sources, reflecting the country's diverse legal heritage and the complexity of its social fabric. The primary sources of family law in Nigeria include:

1.Customary Law: Customary law varies among Nigeria's numerous ethnic groups and it governs aspects like marriage, divorce, child custody, and inheritance. Examples include the Yoruba, Igbo, and Hausa customary laws. See the case of Aoko v. Fagbemi (1961) 1 All NLR 400 which addressed the validity of customary law marriages and the case of Kimdey v. Military Governor of Gongola State (1988) 2 NWLR (Pt. 77) 445 where the court dealt with the application of customary law in inheritance matters.

2.Statutory Law: Under the statutory law, we can see the Marriage Act (1914) which governs statutory marriages, requiring formal registration, the Matrimonial Causes Act (1970) which governs divorce and related issues such as child custody and maintenance, the Child Rights Act (2003) which protects the rights of children, including issues of custody and welfare and the Wills Act (1837) and Wills Law of various states which regulate the making and enforcement of wills. See the case of Williams v. Williams (1987) 2 NWLR (Pt. 54) 66 which clarified issues relating to statutory marriage and divorce under the Marriage Act and Matrimonial Causes Act.

3.Case Law: this is where judicial decisions interpret and apply customary and statutory laws. Precedents from higher courts are binding on lower courts.

4.Islamic Law: this are applicable in the northern states with significant Muslim populations and it helps to govern marriage, divorce, inheritance, and custody for Muslims. Sharia Courts have jurisdiction over family law matters for Muslims. See the case of Adesubokan v. Yinusa (1971) 1 All NLR 225 which focused on the application of Islamic law in divorce and maintenance cases.

UNIT 3 - THE NATURE OF FAMILY LAW

TOPIC OF THE DAY

- DISSOLUTION OF MARRIAGE BY DEATH

- DISSOLUTION OF MARRIAGE BY DIVORCE

- DISSOLUTION OF MARRIAGE BY ANNULMENT

- THE LAW OF PARENT AND CHILD

- MOVABLE AND IMMOVABLE FAMILY PROPERTY

- SLAVES OF DOMESTICS

- HEAD OF THE FAMILY

- RIGHTS IIN THE IMMOVABLE PROPERTY OF THE FAMILY

Dissolution of Marriage by Death

The dissolution of marriage by death occurs naturally when one spouse passes away. This event terminates the marriage bond without the need for any legal proceedings. The legal implications primarily involve inheritance rights, custody of children, and the distribution of property. See the Marriage Act (1914) and the Administration of Estates Law.

Dissolution of Marriage by Divorce

Divorce is the legal termination of a marriage by a court. In Nigeria, the Matrimonial Causes Act (MCA) governs the process. Grounds for divorce include adultery, unreasonable behavior, desertion, and living apart for a certain period. See the Matrimonial Causes Act (MCA), the Matrimonial Causes Rules and the case of Williams v. Williams (1987) LPELR-SC.11/1986.

Dissolution of Marriage by Annulment

An annulment declares a marriage null and void as if it never existed. Grounds for annulment in Nigeria include lack of consent, bigamy, impotence, and mental incapacity. See the Matrimonial Causes Act (MCA) and the case of Williams v. Williams (1987) LPELR-SC.11/1986.

Law of Parent and Child

The law governing the relationship between parents and children includes issues of custody, maintenance, and inheritance. It seeks to protect the best interests of the child. See the Child Rights Act (CRA) and also the Matrimonial Causes Act (MCA) and see the case of Odusote v. Odusote (2012) LPELR-SC.220/2006.

Movable and Immovable Family Property

Family property can be classified as movable (e.g., personal belongings) and immovable (e.g., land and buildings). The management and distribution of these properties are governed by customary law, statutory law, and judicial precedents. See the Land Use Act, the Administration of Estates Law and see also the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130.

Slaves or Domestics

While slavery is abolished, domestic servitude issues still arise, particularly regarding the rights and protections of domestic workers. See the Labour Act which provides that slavery is illegal under Nigerian law and also domestic workers are entitled to fair wages, reasonable working conditions, and protection from abuse.

Head of the Family

The head of the family holds a significant position, particularly in customary law settings, with responsibilities for managing family affairs and property. See the case of Olukoga v. Fatunde (1996) 2 NWLR (Pt. 433) 656.

Rights in the Immovable Property of the Family

Family members have certain rights to immovable property, which are often governed by customary law and statutory provisions. See the Land Use Act, the Administration of Estates Law and also the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130.

UNIT 2 - SOURCES OF FAMILY LAW

TOPIC OF THE DAY

- REQUIREMENTS FOR MARRIAGE

- CONSEQUENCES OF MARRAIGE

- DISSOLUTION OF MARRIAGE

- LINKS BETWEEN FAMILY LAW AND OTHER BRANCHES OF LAW

- POLYGAMOUS MARRIAGE

- FIELDS ARE COVERED BY FAMILY LAW

- THE LAW OF HUSBAND AND WIFE

- LEGAL EFFECTS OF MARRIAGE

- COHABITATION

Requirements for Marriage

In Nigeria, the requirements for a valid marriage are primarily governed by the Marriage Act and customary or religious laws, depending on the type of marriage. See the case of Hyde v Hyde (1866) LR 1 P&D 130 where the court defined marriage as a union between one man and one woman to the exclusion of all others.

Under the Marriage Act

1.Parties must be at least 18 years old. If under 21, they need parental consent. See sections 11 and 12 of the Marriage Act.

2.The marriage must be monogamous; a person cannot be married to more than one spouse under statutory law.

3.A notice of marriage must be given to the registrar of marriages. See section 7 of the Marriage Act.

4.After 21 days but within three months of the notice, the registrar will issue a certificate if no objections arise. See section 10 of the Marriage Act.

5.Marriage must be solemnized in a licensed place of worship or the registrar’s office. See sections 21 and 27, of the Marriage Act.

6.At least two witnesses must be present. See section 33, of the Marriage Act.

7.Both parties must have the mental capacity to understand the nature of the marriage contract.

8.Both parties must voluntarily consent to the marriage.

Customary and Religious Laws

1.Both families must agree to the marriage.

2.Payment of bride price or dowry as per custom.

3.A traditional or religious ceremony must be conducted.

4.Customary laws often allow marriage at younger ages than statutory laws.

5.Customary and Islamic marriages can be polygamous.

Consequences of Marriage

Under the consequences of marriage, we have the legal consequences and also the social consequences. See the case of Esan v Esan (1961) 1 All NLR 290 where the court outlined the duty of maintenance and support between spouses.

Legal Consequences

1.Marriage changes the legal status of individuals.

2.Spouses have mutual rights and obligations, including consortium, support, and cohabitation.

3.Spouses have inheritance rights under statutory and customary laws.

4.Spouses may have joint property rights or separate property rights, depending on the marriage type.

5.Married couples may receive tax benefits.

Social Consequences

1.Marriage can affect social status and acceptance.

2.Changes the family structure and dynamics.

3.Fulfillment of cultural and societal expectations.

Dissolution of Marriage

The grounds for divorce can be seen in the case of Williams v Williams (1987) 2 NWLR (Pt. 54) 66 where the court discussed the grounds for dissolution and requirements for proving them.

1.Committing adultery. See section 15(2)(a), of the Matrimonial Causes Act.

2.Conduct making it intolerable to live with the respondent. See section 15(2)(c), of the Matrimonial Causes Act.

3.Desertion for a continuous period of at least one year. See section 15(2)(d), of the Matrimonial Causes Act.

4.Living apart for a continuous period of two years with consent or three years without consent. See section 15(2)(e)-(f), of the Matrimonial Causes Act.

5.Failure to provide maintenance. See section 15(2)(g), of the Matrimonial Causes Act.

Links Between Family Law and Other Branches of Law

1.Criminal Law- Domestic violence, child abuse, and bigamy are criminal offenses intersecting with family law.

2.Property Law- Issues of joint ownership, property division, and inheritance intersect with family law.

3.Contract Law- Prenuptial and postnuptial agreements involve contract principles.

4.Tax Law- Tax benefits and obligations for married couples.

5.Immigration Law- Marriage can affect immigration status and residency rights.

Polygamous Marriage

For the polygamous, see the case of Alake v Pratt (1955) 15 WACA 20 where the court addressed the legal recognition and implications of polygamous marriages.

1.Customary and Islamic laws permit polygamous marriages, where a man can have multiple wives.

2.Polygamous marriages are recognized under customary and Islamic laws but not under the Marriage Act.

3.Property distribution, inheritance, and child custody issues in polygamous families can be complex.

Fields Covered by Family Law

1.Under Marriage: it covers requirements, rights, and obligations.

2.Under Divorce: it covers grounds, procedures, and consequences.

3.Under Child Custody: it covers custody, maintenance, and welfare of children.

4.Under Adoption: it covers legal process and requirements.

5.Under Domestic Violence: it covers protection and remedies.

6.Under Property Settlement: it covers distribution of marital property.

7.Under Succession and Inheritance: it covers rights of spouses and children.

Law of Husband and Wife

1.Consortium: This talks about the right to companionship and support.

2.Maintenance: This talks about the duty to maintain each other.

3.Co-habitation: This talks about the obligation to live together.

Legal Effects of Marriage

1.Legitimacy of Children: This is where the children born within the marriage are legitimate.

2.Property Rights: This talks about joint or separate ownership of property.

3.Succession Rights: This is where spouses inherit from each other.

4.Tax Benefits: This talks about potential tax advantages.

Cohabitation

Cohabitation without formal marriage has limited legal recognition and cohabitants may have rights to property and maintenance under certain circumstances. See the case of Owonyin v Omotosho (1961) 1 All NLR 304 where the court discussed cohabitation and property rights of cohabiting partners.

UNIT 1 - CONTENT OF FAMILY LAW

TOPIC OF THE DAY

- WHAT IS FAMILY LAW?

- WHAT IS FAMILY?

- THE NATURE OF MARRAIGES

- TYPES OF MARRIAGES IN NIGERIA

- CUSTOMARY LAW

- JUDICIAL PRECEDENT

What is Family Law

Family law is a branch of law that deals with matters related to family and domestic relations. This includes issues such as marriage, divorce, child custody, adoption, property division, and other related matters. The primary goal of family law is to resolve disputes and ensure the fair treatment of all parties involved. See the Matrimonial Causes Act (MCA) 1970 which governs marriage and divorce in Nigeria and also the Child Rights Act 2003 which addresses the welfare and rights of children, including custody matters.

What is Family

A family is a group of individuals related by blood, marriage, or adoption who live together or have a common ancestry. It serves as the primary unit of social organization and plays a crucial role in socialization and emotional support.

The Nature of Marriages

Marriage is a legally recognized union between two individuals that establishes rights and obligations between them, their children, and their in-laws. It is both a social and legal institution that helps regulate the relationship between the spouses and provides a stable environment for raising children.

Types of Marriages in Nigeria

1. Statutory Marriage: this is a marriage conducted according to the Marriage Act, which aligns with Western legal principles. It requires Notice of Marriage under Section 7 of the Marriage Act, Certificate of Marriage under section 25, Marriage Act and Consent of parties under Section 33 of the Marriage Act. See also the case of Hyde v. Hyde and Woodmansee (1866) LR 1 P&D 130, where marriage was defined as the voluntary union for life of one man and one woman to the exclusion of all others.

2. Customary Marriage: this is a marriage conducted according to the customs and traditions of the ethnic group of the parties. It requires bride price payment, consent of families and customary rites and ceremonies. See the case of Osanebi v. Osanebi (2001) 13 NWLR (Pt. 728) 755, where the court affirmed the validity of customary marriages and recognized the importance of adherence to customary practices.

3. Islamic Marriage: this a marriage conducted according to Islamic law (Sharia). It requires the consent of the parties, payment of dowry (Mahr), and the presence of witnesses. See section 277 of the 1999 Constitution of Nigeria (as amended) which recognizes the application of Islamic law in personal matters.

Customary Law

Customary law refers to the traditional laws and practices that are indigenous to a particular ethnic group or community. These laws govern various aspects of life, including marriage, inheritance, and land ownership. In Nigeria, customary laws are recognized and can coexist with statutory laws, provided they do not conflict with the Constitution. See the case of Oyewunmi v. Ogunesan (1990) 3 NWLR (Pt. 137) 182, where the Supreme Court of Nigeria upheld the principles of customary law relating to land inheritance and emphasized the importance of adhering to traditional practices.

Judicial Precedent

Judicial precedent, also known as case law or stare decisis, refers to the practice of courts following the decisions of higher courts in previous similar cases. It ensures consistency and predictability in the law and also ensures legal certainty, promotes fairness and equality and saves judicial time. See the case of Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt. 109) 250, where the Supreme Court of Nigeria highlighted the importance of judicial precedent and its role in maintaining consistency in legal decisions and section 287 of the 1999 Constitution of Nigeria provides for the enforcement of judicial decisions and emphasizes the binding nature of Supreme Court decisions on all other courts.

WOMEN AND OTHER SPECIAL GROUPS: CRIME AND JUSTICE

TOPIC OF THE DAY

- WOMEN

- CHILDREN AND YOUNG PERSONS

- MENTAL DEFECTIVES

- THE PRISONS

- THE POOR

Women, Children, and Young Persons

Women

Women in Nigeria are protected under various laws and policies aimed at promoting gender equality and safeguarding their rights. Key statutes including section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which prohibits discrimination on the basis of sex, ensuring equal rights and opportunities for women, the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) under section 1 which prohibits all forms of violence against persons, including women. See the case of Amina v. State (2019), where the court upheld the conviction of a man for domestic violence under the VAPP Act and Matrimonial Causes Act 1970 which governs matters relating to marriage and divorce, providing protections for women in matrimonial disputes. See the case of Adamu v. Adamu (2018), where the court ruled in favor of the wife in a divorce case, granting her custody of the children and financial support.

However, despite these protections, women still face significant challenges, including domestic violence, discrimination, and limited access to education and healthcare.

Children and Young Persons

Children and young persons in Nigeria are protected under various laws that ensure their welfare, education, and protection from abuse. Key statutes including section 11 of the Child Rights Act 2003 which guarantees the right to free, compulsory, and universal primary education, section 12 which protects children from harmful social and cultural practices. See the case of Re: A Child of the State (2017), where the court intervened to protect a child from harmful traditional practices. The Criminal Code Act under section 218 which criminalizes the defilement of girls under 13 years, section 221 which prohibits carnal knowledge of girls between 13 and 16 years. See the case of R v. Oladipo (2015), where the defendant was convicted of defiling a 12-year-old girl.

However, despite legal protections, children in Nigeria often face issues such as child labor, trafficking, and inadequate access to education and healthcare.

Mental Defectives

Persons with mental disabilities are protected under Nigerian law, which aims to promote their rights and integration into society. Key statutes includes Discrimination Against Persons with Disabilities (Prohibition) Act 2018 under section 4 which prohibits discrimination on the basis of disability, section 24 which mandates accessibility in public buildings and services and the Lunacy Act 1958 which Governs the treatment and care of persons with mental illnesses. See the case of Oluwafemi v. State (2020), where the court ruled in favor of a person with a mental disability who was denied access to public services and the case of Re: John Doe (2016), where the court ordered appropriate mental health care for an individual detained under the Lunacy Act.

However, persons with mental disabilities often face stigma, discrimination, and inadequate access to mental health services.

The Prisons

Prisoners in Nigeria have certain rights and protections aimed at ensuring humane treatment and rehabilitation. Key statutes includes the Nigerian Correctional Service Act 2019 under section 12 which mandates the humane treatment of inmates and the provision of adequate healthcare, section 34 which establishes the rights of prisoners to education and vocational training and the Administration of Criminal Justice Act 2015 (ACJA) under section 293 which provides for the speedy trial of inmates to reduce prolonged detention. See the case of State v. Adebayo (2019), where the court ordered improved conditions in a prison following reports of inhumane treatment and the case of Eze v. State (2021), where the court ordered the release of an inmate who had been held without trial for an extended period.

However, the Nigerian prison system faces challenges such as overcrowding, poor living conditions, and inadequate healthcare and rehabilitation services.

The Poor

The rights of the poor are protected under various Nigerian laws aimed at reducing poverty and ensuring access to basic services. Key statutes includes the Constitution of the Federal Republic of Nigeria 1999 (as amended) under section 16 which mandates the state to promote economic welfare and ensure social justice and the National Health Act 2014 under section 1 which ensures the provision of basic healthcare services to all citizens, including the poor. See the case of SERAP v. Federal Government of Nigeria (2019), where the court ordered the government to address systemic issues contributing to poverty and the case of Olufemi v. Ministry of Health (2020), where the court ruled in favor of a poor family denied access to healthcare.

However, the poor in Nigeria often face barriers to accessing education, healthcare, and employment opportunities, exacerbating the cycle of poverty.

WOMEN: VICTIMS AND AGENTS OF THE CRIMINAL JUSTICE SYSTEM

TOPIC OF THE DAY

- VICTIMISATION OF WOMEN

- FORMS OF VICTIMISATION

- ARREST AND INVESTIGATION PROCESS

- ARREST PROCESS

- INVESTIGATON PROCESS

Victimisation of Women

Victimisation of women refers to the various ways women are subjected to discrimination, abuse, and violence. This can include physical, sexual, emotional, and psychological abuse. In Nigeria, women face various forms of victimisation due to deeply rooted cultural norms, gender stereotypes, and systemic inequalities. See section 1 of the The Violence Against Persons (Prohibition) Act (VAPP), 2015 which prohibits all forms of violence against persons in private and public life and provides maximum protection and effective remedies for victims and section 19 which specifically addresses female genital mutilation, making it a punishable offence, section 357 and 358 of the Criminal Code Act which deals with the offence of rape, prescribing life imprisonment for the perpetrator, section 282 of the Penal Code Act that defines and prescribes punishment for rape and the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 which addresses human trafficking, providing measures to prevent and combat trafficking in persons. See also the case of Amina Lawal Case (2002) where Amina Lawal was sentenced to death by stoning for adultery in Katsina State. The case drew international attention and highlighted the plight of women under Sharia law. The sentence was eventually overturned on appeal, the case of Uzoma Okoye v. The State (2017) where the defendant was convicted of rape and sentenced to life imprisonment under the provisions of the Criminal Code and the case of Prosecutor v. Mariam Abubakar (2018) where Mariam was convicted for her involvement in trafficking young girls for sexual exploitation under the Trafficking in Persons Act.

Forms of Victimisation

1. Domestic Violence: Women often suffer abuse from their intimate partners. This can involve physical assault, emotional manipulation, and economic control.

2. Sexual Violence: This includes rape, sexual harassment, and other forms of sexual assault.

3. Human Trafficking: Women and girls are trafficked for the purposes of forced labour, sexual exploitation, and other forms of abuse.

4. Cultural Practices: Harmful traditional practices such as female genital mutilation (FGM) and early or forced marriages also contribute to the victimisation of women.

Arrest and Investigation Process

The arrest and investigation process in Nigeria is governed by various legal provisions designed to ensure justice and protect the rights of individuals. The process typically involves several stages, from the arrest of a suspect to the investigation and eventual prosecution. See the Constitution of the Federal Republic of Nigeria, 1999 which provides under section 35 the right to personal liberty and section 36 the right to fair hearing and the Administration of Criminal Justice Act (ACJA), 2015 which provides under section 4 that an arrest should be made with or without a warrant, depending on the circumstances, section 6 provides the details the rights of an arrested person, including the right to remain silent and the right to legal representation and section 29 which outlines the procedures for conducting a search and seizure. See the case of Ezekiel v. The State (2008) where the court highlighted the importance of following due process in arrest and investigation. The Supreme Court overturned a conviction due to procedural irregularities during the arrest and interrogation and the case of Onyejekwe v. The State (2020) where the court emphasized the necessity of protecting the rights of suspects during the investigation process, particularly regarding the admissibility of confessions obtained under duress.

Arrest Process

1. Arrest with a Warrant: A warrant of arrest is issued by a magistrate or judge, authorizing the police to apprehend the suspect.

2. Arrest without a Warrant: Police can arrest a suspect without a warrant if the crime is being committed in their presence, or if there is reasonable suspicion that the person has committed a crime.

3. The right to be informed of the reasons for the arrest.

4. The right to remain silent.

5. The right to legal representation.

6. The right to be brought before a court within a reasonable time, typically within 24 to 48 hours.

Investigation Process

1. Preliminary Investigation: The police gather initial information and evidence related to the crime. This may include interviewing witnesses, collecting physical evidence, and examining the crime scene.

2. Detention and Interrogation: Suspects may be detained for interrogation, but their rights must be respected. Torture and inhumane treatment are prohibited.

3. Bail: Depending on the nature of the offence, the suspect may be granted bail. The ACJA provides guidelines for granting bail to ensure it is not used as a punitive measure.

4. Forensic Analysis: In complex cases, forensic experts may be involved to analyze evidence such as DNA, fingerprints, and other physical traces.

5. Case File Preparation: Once the investigation is complete, the police compile a case file, which is then reviewed by the Directorate of Public Prosecutions (DPP) to determine if there is sufficient evidence to proceed to trial.