Introduction
Bigamy, the act of marrying someone while already legally married to another person, is a serious offence under Nigerian law. Though rarely prosecuted in practice, it remains a criminal offence and carries significant legal consequences. Bigamy also raises important issues where Nigeria’s customary, statutory, and religious marriage systems intersect.
In this blog post, we will examine what bigamy entails, how Nigerian law treats it, and the evidentiary standard required to prove it.
What is Bigamy?
Bigamy occurs when a person who is already legally married under the Marriage Act contracts another marriage during the subsistence of the first.
Under Section 370 of the Criminal Code Act:
“Any person who, being married, goes through the form of marriage with any other person during the life of the former husband or wife is guilty of a felony and is liable to imprisonment for seven years.”
Thus, the second marriage is void ab initio—invalid from inception and conferring no legal rights.
In Motoh v. Motoh (2011) 16 NWLR (Pt. 1274) 474 at 528, paras. D–F (CA), the Court of Appeal affirmed that “there must be two marriages to create the offence. The first marriage must be monogamous, so that the words ‘husband’ and ‘wife’ mean parties in a statutory marriage.”
Nature of Statutory Marriage
The offence of bigamy applies strictly to statutory marriages.
In Bibilari v. Bibilari (2011) 13 NWLR (Pt. 1264) 207 at 229–230 (CA), the Court of Appeal emphasized that a marriage under the Act is strictly between husband and wife, and it is that relationship—not extended family—that the Matrimonial Causes Act regulates.
Similarly, in Jadesimi v. Okotie-Eboh (1996) 2 NWLR (Pt. 429) 155, the Court held that when the same parties marry first under customary law and later under the Marriage Act, the second statutory marriage is valid and converts the earlier customary marriage (potentially polygamous) into a monogamous marriage.
By contrast, in Nwangwa v. Ubani (1997) 10 NWLR (Pt. 526) 559 at 571, the Court clarified that a mere church wedding not conducted under the Act is not a statutory marriage but only a blessing of the customary marriage.
Proof of Marriage
For bigamy to be sustained, the first marriage must be strictly proved.
In Ijioma v. Ijioma (2009) 12 NWLR (Pt. 1156) 593 at 609, paras. E–F, the Court held that every certificate of marriage filed in the office of the registrar of marriages of any district, or any copy thereof purporting to be signed and certified as a true copy by the registrar and every entry in a marriage register book or copy thereof certified shall be admissible as evidence of the marriage to which it relates in any court of justice, or before any court of justice, or before any person having by law or consent of parties authority to hear, receive and examine evidence.
In Motoh v. Motoh (2011) 16 NWLR (Pt. 1274) 474 at 526, the Court further explained that production of the original or certified copy of a certificate of marriage is the best method of proof, though not the only way— where there is evidence of a ceremony of marriage having been performed in accordance with the rites of the church and parties to it have lived as husband and wife, and had cohabited together, everything necessary to ensure the validity of the marriage will be presumed in the absence of decisive evidence to the contrary.
Standard of Proof
Because bigamy is a criminal offence, it must be proved beyond reasonable doubt, even in civil proceedings.
In Lawal-Osula v. Lawal-Osula (1993) 2 NWLR (Pt. 274) 158 at 170 (CA), the Court held that an allegation of bigamy requires a “high degree of certainty” of both marriages, as it amounts to accusing a party of a criminal act.
This explains why prosecutions are rare: both marriages must be proved strictly and conclusively.
When Does Bigamy Apply?
Bigamy applies strictly to statutory marriages—that is, marriages conducted under the Marriage Act at a registry or licensed place of worship. It does not apply to customary or Islamic marriages, which by their nature permit polygamy.
Bigamy therefore applies where:
1. A person has contracted a valid statutory marriage under the Act.
2. That marriage is still subsisting.
3. The person contracts another marriage during the lifetime of the spouse.
Thus, a man married under customary law who takes another wife customarily is not guilty of bigamy. But a man married under the Marriage Act who remarries without dissolving the first marriage is liable.
In Amobi v. Nzegwu (2005) 12 NWLR (Pt. 938), the Court emphasized that a second marriage contracted when a decree nisi is yet to become absolute remains unlawful because the first statutory marriage is still valid.
Practical Example
Suppose Mr. John Doe marries Ms. Jane Doe at a registry (a statutory marriage). Years later, without divorcing Ms. Jane Doe, he marries Ms. Apunanwu in a church or customary setting. Even if Ms. Apunanwu is unaware, Mr. John Doe may be criminally liable for bigamy, and the second marriage is void.
Legal Consequences
1. Criminal Liability: Up to seven years’ imprisonment under the Criminal Code.
2. Void Marriage: The second marriage is invalid.
3. Family & Property Implications: Inheritance rights, divorce proceedings, and succession planning can all be affected.
Defenses and Exceptions
Certain circumstances may excuse or prevent liability for bigamy:
1. Presumed Death: If a spouse has been missing for seven years or more and presumed dead, a second marriage may not amount to bigamy.
2. Void First Marriage: If the initial statutory marriage was invalid ab initio (e.g., due to lack of consent or capacity), then bigamy cannot be sustained.
Is Bigamy Still Prosecuted?
Although it appears to be a dead letter, the offence of bigamy is still in our statute books, and the law has not been repealed. It is therefore enforceable. However, the rarity of prosecution is often due to the complexities involved in proving the offence.
Importantly, both the legal marriage and the unlawful subsequent marriage must be strictly proved, and the burden of proof—even when raised in civil proceedings—must be discharged to the standard required in criminal trials. This high evidentiary threshold makes successful prosecution rare but not impossible.
Final Thoughts
While bigamy may seem outdated or rarely enforced, it remains a valid and punishable offence under Nigerian law. More importantly, its implications are far-reaching—affecting the validity of subsequent marriages, inheritance rights, and even criminal liability. If you are uncertain about your marital status or believe you may be involved in a bigamous situation, it is important to seek legal advice immediately.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your circumstances, please consult a qualified family law practitioner.
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