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29/11/2025

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26/11/2025

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22/11/2025

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22/11/2025

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Bigamy in Nigeria.

Any person who, having a husband or wife living, marries in any case in which such marriage is void by reason of it taking place during the life of such husband or wife, is guilty of a felony and is liable for imprisonment for seven (7) years.
See Section 370 of the Criminal Code.

Things to Note:

1.The first marriage must be a marriage under the Marriage Act. That is monogamous marriage.

2. The second marriage must happen in the life time of either the husband or wife.

3. Where the first marriage has been validly dissolved by a court of law, the issue of bigamy does not arise.

4. If the first marriage was a polygamous marriage, the issue of bigamy does not arise.

Two notable cases on bigamy in Nigeria are;

R v Inyang (1931) 10 N.L.R. 33,

the court held that the prosecution had failed to establish a case of bigamy against the accused because there was no evidence presented to prove that the first marriage was still subsisting at the time the second marriage was celebrated.

In R V. Princewill

After considering the evidence, this court finds that Mr. Princewill is guilty of bigamy. Under the Marriage Act and Section 370 of the Criminal Code, a person cannot be married to more than one person at the same time under Nigerian law if the first marriage was conducted under the Act.

The Court in R V Princewill instead sentencing the defendant to seven years imprisonment, only gave him one month imprisonment, this is largely because Nigeria is plural state where polygamy is part of many cultures.

This issue of no reported cases on the case of bigamy goes to show that we as a Country do not view it with the disdain with which the Europeans do.

Nevertheless, bigamy is still an offence under our laws in Nigeria.
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