Under Nigerian law, adultery is not a criminal offense, but it can have legal consequences, especially in civil matters like divorce and compensation claims.
1. Criminal Liability for Adultery
- Under Nigerian Criminal Law: Adultery is not classified as a crime under the general criminal laws of Nigeria, such as the Criminal Code (Southern Nigeria) and Penal Code (Northern Nigeria).
- Under Sharia Law: In some northern states that operate Sharia law, adultery (zina) is a criminal offense with severe penalties, but this applies only to Muslims under Islamic personal law.
2. Civil Liability for Adultery
While you cannot sue a third party for adultery in a criminal court, you can take legal action in civil courts under matrimonial laws:
A. Divorce Petition Based on Adultery
Under the Matrimonial Causes Act (MCA) 1970, adultery is one of the recognized grounds for seeking divorce. To succeed in a divorce petition based on adultery, you must prove:
- That your spouse committed adultery.
- That you find it intolerable to continue the marriage.
If the court is convinced, the marriage may be dissolved.
B. Claim for Damages Against the Adulterer
- Under the Matrimonial Causes Act, a spouse (usually the husband, though it can apply to the wife in some cases) may sue the third party (the person who committed adultery with their spouse) for damages.
- This is a civil claim for “adultery damages,” where the aggrieved spouse seeks financial compensation from the adulterer.
- The court considers factors like emotional distress, loss of consortium, and damage to the marriage.
3. Other Consequences of Adultery
- Child Custody: If a spouse is found guilty of adultery, it may affect child custody decisions, especially if the court believes it impacts the child’s welfare.
- Division of Property: Although Nigeria does not have strict “fault-based” property division rules, adultery may influence the court’s decision on spousal support or settlements.
Conclusion
While you cannot sue for adultery as a criminal offense, you can sue for damages in a divorce case under the Matrimonial Causes Act. If you are considering legal action, consulting a family lawyer would be advisable to understand your options.
Would you like help with the legal process for filing such a case?
Author: Olanlekan Natha-Alade
(c) Sun Natha-Alade & Partners (SNATHAP)
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