Once upon a time somewhere in Nigeria, there was a young university graduate whose name was Lokata Bob K. Mr. Lokata, like his contemporaries at that time, had always been nursing an ambition to travel out of Nigeria in search of a greener pasture.There was a lady who was fond of him that time. Her name was Drase Yupun. Mr. Lokata was very desperate to travel out of the country and everybody including Drase Yupun, his friend knew this. To her surprise, Drase Yupun suddenly received a notice that she was one of the winners of that year's American Visa Lottery. As a good friend, she shared this good news with her friend, Mr. Lokata and they both rejoiced.
Shortly after the jubilation, Mr. Lokata begged Drase Yupun to let him contract a marriage with her so that he could travel abroad with her as her spouse since the rules of the Lottery allowed spouses of winners to travel to the United States with them.Drase Yupun agreed and Mr. Lokata was pleased with her.
Subsequently, Mr. Lokata and Drase Yupun quickly tied the nuptial knot at a court registry and became husband and wife ahead of the processing of the wife's visa.
Eventually, they both travelled to the United States of America as a married couple. After some years in the United States, Drase Yupun ( now Mrs. Lokata Yupun) got to know through her friends, on a brief visit to Nigeria without her husband, that her 'husband' had actually got married to another woman in his village under native law and customs before he contracted another marriage with her at the registry.
Mrs. Lokata Yupun became so mad at her 'husband' that she threatened to jail him at all costs.
How realistic is this threat in the Nigerian law?
THE LEGAL POSITION
Section 45 of the Nigerian Marriage Act provides that any person who goes through the ceremony of marriage or any ceremony which he or she represents to be a ceremony of marriage, knowing that the marriage is void on any ground, and that the other person believes it to be valid, shall be liable to imprisonment for five years.
In the above scenario, Mr. Lokata knew fully well, without Drase Yupun's knowledge, that the marriage he was contracting with the innocent lady, Drase Yupun, was void on the ground that he had contracted a marriage earlier under native law and customs with another person.If by the facts of the case, Mr. Lokata did not even know that what he was doing contravened the provision of section 33 (1) of the Marriage Act which forbids contracting another marriage with another person while a lawful marriage is still subsisting, he could not be pardoned because ignorance of the law is not an excuse.Thus, by the provision of section 33 (1) of the Marriage Act, the statutory marriage between Mr. Lokata and his friend, Drase Yupun was invalid as if there had been no marriage between them right from the beginning ( that is, ab initio) as there was a lawful marriage under native law and customs subsisting between him and another woman in his village.
Further, as the law does not stop there, there is more to the threat by the lady, Drase Yupun, in the circumstances. In fact, this guy, Mr. Lokata could actually go to jail as threatened by Drase Yupun in the scenario.The latter part of the above-quoted section 45 of the Marriage Act provides for five years's imprisonment for men like Mr. Lokata in the above scenario. So, when Lokata was busy playing pranks with Yupun, little did he know that he was actually securing a visa to jail!
It is instructive to also note that Mr. Lokata was abroad and not in Nigeria as at the time of this threat by Drase Yupun and he must be tried in Nigeria to bag the imprisonment term since the offensive marriage was celebrated in Nigeria and he could only be tried under section 45 of the Marriage Act being a Nigerian law.How could he be tried in Nigeria in the circumstances since he was abroad already as at the time of the lady's threat?
Let us meet in my next post to do justice to this question .
Thank you for reading.
Shortly after the jubilation, Mr. Lokata begged Drase Yupun to let him contract a marriage with her so that he could travel abroad with her as her spouse since the rules of the Lottery allowed spouses of winners to travel to the United States with them.Drase Yupun agreed and Mr. Lokata was pleased with her.
Subsequently, Mr. Lokata and Drase Yupun quickly tied the nuptial knot at a court registry and became husband and wife ahead of the processing of the wife's visa.
Eventually, they both travelled to the United States of America as a married couple. After some years in the United States, Drase Yupun ( now Mrs. Lokata Yupun) got to know through her friends, on a brief visit to Nigeria without her husband, that her 'husband' had actually got married to another woman in his village under native law and customs before he contracted another marriage with her at the registry.
Mrs. Lokata Yupun became so mad at her 'husband' that she threatened to jail him at all costs.
How realistic is this threat in the Nigerian law?
THE LEGAL POSITION
Section 45 of the Nigerian Marriage Act provides that any person who goes through the ceremony of marriage or any ceremony which he or she represents to be a ceremony of marriage, knowing that the marriage is void on any ground, and that the other person believes it to be valid, shall be liable to imprisonment for five years.
In the above scenario, Mr. Lokata knew fully well, without Drase Yupun's knowledge, that the marriage he was contracting with the innocent lady, Drase Yupun, was void on the ground that he had contracted a marriage earlier under native law and customs with another person.If by the facts of the case, Mr. Lokata did not even know that what he was doing contravened the provision of section 33 (1) of the Marriage Act which forbids contracting another marriage with another person while a lawful marriage is still subsisting, he could not be pardoned because ignorance of the law is not an excuse.Thus, by the provision of section 33 (1) of the Marriage Act, the statutory marriage between Mr. Lokata and his friend, Drase Yupun was invalid as if there had been no marriage between them right from the beginning ( that is, ab initio) as there was a lawful marriage under native law and customs subsisting between him and another woman in his village.
Further, as the law does not stop there, there is more to the threat by the lady, Drase Yupun, in the circumstances. In fact, this guy, Mr. Lokata could actually go to jail as threatened by Drase Yupun in the scenario.The latter part of the above-quoted section 45 of the Marriage Act provides for five years's imprisonment for men like Mr. Lokata in the above scenario. So, when Lokata was busy playing pranks with Yupun, little did he know that he was actually securing a visa to jail!
It is instructive to also note that Mr. Lokata was abroad and not in Nigeria as at the time of this threat by Drase Yupun and he must be tried in Nigeria to bag the imprisonment term since the offensive marriage was celebrated in Nigeria and he could only be tried under section 45 of the Marriage Act being a Nigerian law.How could he be tried in Nigeria in the circumstances since he was abroad already as at the time of the lady's threat?
Let us meet in my next post to do justice to this question .
Thank you for reading.
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