BIGAMY

A person is said to have committed bigamy where he contract marriage with another person while still legally married to another. That is Mr. A got married to Mrs. Z in Oshodi, Lagos, Mrs. Z went to Ibadan to marry Mr. J while there is still a subsisting marriage between Mrs. A and Mr. Z.

Western countries frown at bigamy and it is a criminal offence, Netherland for instance anybody found guilty f bigamy shall be sentenced to 6 years imprisonment, in the United Kingdom and United State 7 years and 5 years respectively for anyone found guilty of bigamy.

Please note that a person who married under the native law and custom cannot be guilty of bigamy, it is only applicable to marriage conducted under the Act.

In Saudi Arabia and Somalia, there is nothing like bigamy, polygamy is legal, this is because the religion practiced by the majority is Islam and the Holy Quran is their source of law. In Pakistan polygamy is also legal but restricted.

In Nigeria where parties conduct marriage under the act, either of the parties shall not enter into another marriage, where this happen the person shall be charged for bigamy and if found guilty shall be liable for punishment prescribed in law. 

The penalty for bigamy in Nigeria vary from one state to the other, in Lagos for instance bigamy is no longer a criminal offense,the Lagos State House of Assembly expunged bigamy  from the Criminal Justice Administration(Lagos state),their justification for its removal is based on people’s attitude towards it, It was made known that since the law was made there has been little or no report not to talk of conviction, therefore there is no need criminalizing the offense. Bigamy in Lagos state is no longer a criminal offense but a civil wrong.

Now I see why most ladies in Lagos state who live as far as Ikorodu, Badagry etc prefer to go as far as Ikoyi federal registry .To all those who married in Ikeja, Kosofe, Mainland registries etc you can still sue your partner for bigamy in a federal court if need arise.

Several legal luminaries support this development because in the last forty (40) years not a single person has been convicted of bigamy, it is necessary to expunge it from our law because it does not conform with our African Family Life; it was introduced into our law by our colonial masters. African men are polygamous in nature while Nigerian men are ‘Marital criminals’

In Countries where bigamy law is in force whether the party to the first marriage consent to it or not the person who commits bigamy shall be prosecuted.

Should bigamy be expunged from our law, both federal and state criminal law like Lagos did. Your opinion matters 

Thank you 

Oyenike  Alliyu-Adebiyi Llb(hons)Bl