Laws on love in Nigeria

There are some laws in Nigeria that border on love and some of them are largely unknown to many. Below are some of such laws.

Spousal privilege: This law prevents spouses from testifying against each other in court as provided in Section 187(3) of the Evidence Act which says no husband or wife can be compelled to disclose any communication made to him or her during marriage, nor shall he or she be permitted to disclose any such communication, unless the person who made it, or that person’s representative in interest, consents.

No liability for conspiracy: Section 34 of the Criminal Code Act provides that a husband and wife cannot be liable for conspiracy to commit a crime. For instance, if a couple conspired to steal and eventually stole, they could be charged with stealing but not conspiracy. The common law principle of conjugal unity presumes that a husband and wife are one unit and a person cannot conspire with himself/herself.

But this doesn’t apply in some jurisdictions like the United Kingdom, Canada and Australia as husbands and wives are deemed to have separate legal identities.

Right to Maintenance and Support: Spouses have a legal responsibility to offer financial sustenance and assistance to one another. The Marriage Act recognises the duty of couples to contribute to each other’s welfare, including financial support for essential needs, healthcare, and education. This provision ensures the well-being and stability of the marital relationship.

Consummation of Marriage: Under the law, couples are expected by law to have sexual relations with each other after their marriage ceremony, this is enforceable in law and it is a ground for divorce under the Marriage Act in Nigeria. If a person denies his/her spouse sexual intercourse since the day of the marriage ceremony, the aggrieved spouse can get a divorce.

Inheritance Rights: The law provides for the entitlement of either spouse to properties of his/her partner upon the death of the said partner. If a person’s spouse dies without a will, the surviving spouse has rights over the deceased partner’s properties, subject to the Administration of Estates Laws of the various states in Nigeria.

Section 49(1) of Administration of Estates Law, Lagos State provides the order of priority of persons who could be granted Letters of Administration where a person dies without a will. The partner of the deceased person comes first on the list.

Adultery and bigamy: Sections 387 and 388 of the Penal Code which is used in Northern Nigeria stipulate a penalty of two years imprisonment, a fine or both for adultery while marrying more than one wife known as bigamy is a criminal offence in Southern Nigeria. Section 370 of Criminal Code considers it a felony and has a penalty of seven years imprisonment.