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Can a man be accused of ra**ng his wife under Nigerian law?Under Nigerian law, the position on whether a man can be accu...
13/02/2026

Can a man be accused of ra**ng his wife under Nigerian law?

Under Nigerian law, the position on whether a man can be accused of ra**ng his wife has evolved.

Under the old common law, which influenced Nigerian criminal jurisprudence, a husband could not be guilty of ra**ng his wife, as marriage was regarded as giving irrevocable consent to sexual in*******se.

This position was reflected in the Criminal Code applicable in Southern Nigeria and the Penal Code applicable in Northern Nigeria, both of which did not recognise marital r**e.

However, this position has been significantly altered by the enactment of the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act). The VAPP Act defines r**e as the intentional pe*******on of another person without consent, and it makes no exception for marriage. Consent under the Act must be freely given and may be withdrawn at any time.

Consequently, under the VAPP Act, a husband can be accused and convicted of ra**ng his wife.

It should be noted that the VAPP Act applies automatically in the Federal Capital Territory, Abuja, and in states that have domesticated the Act. In states that have not adopted the VAPP Act, the older position under the Criminal Code or Penal Code may still apply.

In conclusion, while marital r**e was not recognised under the old law, a man can be accused and convicted of ra**ng his wife under Nigerian law in the FCT and in states that have adopted the VAPP Act.

a hotel discloses your room information to anyone, including law enforcement agencies like the EFCC, without your consen...
01/02/2026

a hotel discloses your room information to anyone, including law enforcement agencies like the EFCC, without your consent or a valid legal basis (such as a court order), it is a violation of privacy rights and legal protections.

In Nigerian law, individuals have the right to privacy, and this includes the protection of personal and business information.

This means that your private details cannot be disclosed without your permission unless there is a legal order, like a court order, allowing such a disclosure.

If a hotel violates this, you can take legal action by filing a lawsuit for breach of privacy or for unlawful disclosure of your information.

You may also be entitled to seek compensation for the harm caused by the breach.

In short, the hotel could face legal consequences and be held liable for infringing on your privacy rights if they disclose your information without your consent or a valid legal reason.
BY
Muktar Danladi Belel ✍️

WHEN PARTIES LIVE APART FOR YEARS WITH NO OBJECTION TO ENDING THE MARRIAGE, CAN THAT ALONE JUSTIFY A DECREE OF DISSOLUTI...
01/02/2026

WHEN PARTIES LIVE APART FOR YEARS WITH NO OBJECTION TO ENDING THE MARRIAGE, CAN THAT ALONE JUSTIFY A DECREE OF DISSOLUTION UNDER THE MATRIMONIAL CAUSES ACT (Cap M7 LFN 2004)?

📗 VOLUME 27

CASE TITLE AND CITATION

HOPE EVBAGUEHIKHA AJAYI V. GLORIA ONYEKA AJAYI (2025) B/767/2023, High Court, Edo State.

📓In many long-term marriages in Nigeria, couples gradually separate and live apart, often without formal action. This case illustrates how the law treats such de facto separations and when one spouse may bring a petition for dissolution based on them.

FACTS OF THE CASE

1. The Petitioner (Mr. Ajayi) and Respondent (Mrs. Ajayi) were married on 30 October 2010.

2. They had been living apart continuously since 2018.

3. The Respondent did not object to the granting of a decree.

4. The Petitioner filed a petition under Section 15(2)(e) & (f) of the Act, citing living apart and no objection.

ISSUES FOR DETERMINATION

i. Can living apart for a continuous period without objection constitute proof of irretrievable breakdown of the marriage under Section 15(2)(e)/(f)?

ii. Is the non-objection of the spouse relevant in determining entitlement to dissolution?

COURT’S DECISION

A. The court held that the evidence of continuous living apart since 2018 (more than two years) together with the respondent’s non-objection established a ground for dissolution under Section 15(2)(e)/(f).
Edo State Judiciary

B. The Court therefore granted a Decree Nisi, which will become Decree Absolute after three months unless otherwise.
Edo State Judiciary

QUOTATIONS FROM THE JUDGMENT

“The law provides that where parties have lived apart for a continuous period of two years or more and the respondent does not object, this fact alone is sufficient proof of irretrievable breakdown of the marriage.”
Edo State Judiciary

“A court cannot dissolve a marriage unless one of the grounds listed under Section 15(2) is established to the reasonable satisfaction of the court.”
Edo State Judiciary

PRINCIPLE OF LAW

a. Under Section 15(2) of the Matrimonial Causes Act, a petition for dissolution may be brought on specified facts, including where the parties have lived apart for at least two years and the respondent does not object.

b. Continuous separation plus non-objection meets the legal threshold of proof of irretrievable breakdown.

c. A Decree Nisi becomes Decree Absolute after the statutory period, legally ending the marriage.

SIGNIFICANCE

i. Reinforces for practitioners that living apart and non-objection are valid grounds for divorce , very important when dealing with long-term separations.

ii. Encourages early evidence collection (dates of separation, conduct, non-objection) for clients seeking relief.

iii. Enhances predictability in statutory marriages where parties drift apart without formal separation.

SOME PRECEDENT CASES RELIED ON

1. Ibrahim v. Ibrahim (2007) 1 NWLR (Pt. 1015) 383

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QuickLawReference

27/01/2026

Case Analysis: Bello V. AG Oyo State (1986) 5 NWLR 820 (Your Fundamental Rights To Life Enshrined in Section 33 of the Constitution Of the Federal Republic Of Nigeria, 1999 as amended) ⚖️

The case of BELLO V. ATTORNEY GENERAL OF THE OYO STATE GOVERNMENT is a very important case law that lends an authoritative guidance in understanding the importance of your fundamental human rights to life as provided in SECTION 33 OF THE NIGERIAN CONSTITUTION which was formerly provided in SECTION 30 OF THE 1979 CONSTITUTION which was the law that was applicable when the case was decided.

In this case NASIRU BELLO who is the appellant was found guilty andvconvicted for the offence of armed robbery by the Oyo State High Court. He exercised his right to appeal and before this appeal was heard, he was executed/killed.

He already appealed the decision that was made at the lower court to an higher court for review but he was killed even before such appeal had been heard and full determination done.

The legality of that act of the Oyo State Government (killing him without legal basis) was therefore challenged and the matter came before the supreme court.

It was held by the supreme court that the ex*****on was unlawful, unconstitutional, null and void. The conduct of the Oyo State Government was condemned as it is a grave violation of Bello's right to life as provided for by the constitution.

As provided for in the constitution, the only situations where this can be violated it's when such killing is done on the basis of a court order in the ex*****on of a sentence in respect to a criminal offence of white the person has been found guilty and liable to death sentence.

In this case, although there was a conviction, the sentence wasn't yet final because his appeal was pending and death sentence cannot lawfully be carried out until all Judicial process and right to appeal has been concluded and exhausted respectively.

The supreme court also made sure a very heavy amount of compensation was made to the family of the deceased and other steps to prevent emotional distress was made.

Your knowledge of this is very important. Your right to life and every other rights provided for by the law cannot be violated unless upon a lawful basis also provided for by the law. Understand the importance of your rights, enforce them in a competent court, and see for the accurate protection of these rights.

We'll be analysing very important cases often. Which case should we analyze next - the first comment on this would be taken.

Case Analysis - Emmy's Legal Nuggets ✍️

27/01/2026

CAN A VENDOR LATER DENY THE PURCHASER'S RIGHT OF TITLE ?

📕 VOLUME 32

CASE TITLE AND CITATION

AKPAJI V UDEMBA [2009 ] 6 NWLR (Pt 1138) 545 (SC).

Property disputes frequently arise when sellers attempt to resell or reclaim land already sold. This case reaffirms that once a person sells land, they are estopped from denying the buyer’s ownership.

FACTS OF THE CASE

The appellant sold a parcel of land to the respondent. After some time, he attempted to repossess or deny the respondent’s title. The respondent sued, and the issue escalated to the Supreme Court after conflicting findings in lower courts.

MAIN ISSUE FOR DETERMINATION

1. Whether a vendor who has sold land can subsequently deny the purchaser’s ownership or assert a contrary interest.

COURT’S DECISION

The Supreme Court held that the appellant was estopped. Once a vendor conveys title to a purchaser, the vendor cannot turn around to dispute the purchaser’s ownership.

QUOTATION FROM THE JUDGMENT

“A party who has divested himself of title cannot, in good conscience or in law, deny that same title in the purchaser.”

PRINCIPLE OF LAW

The doctrine of estoppel prevents a vendor from resiling from a completed sale or disputing the purchaser’s title.

SIGNIFICANCE

The case is frequently cited in land litigation to protect buyers against fraudulent or dishonest attempts by sellers to reclaim land already sold.

PRECEDENT CASES RELIED ON

1. Olowosago v Adebanjo [1988] 4 NWLR (Pt 88) 275.

2. Oredola v Olusanya [2014] 12 NWLR (Pt 1420) 153.

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22/01/2026

Common Things People do every day without thinking can send them to Prison

🥢 Abortion
Except where done to save the life of the mother, abortion is a crime.
Sections 228, 229 & 230 – Criminal Code Act
👉 The woman, anyone who helps her, and anyone who supplies drugs or tools are all liable to life imprisonment.

🥢 Fighting in public (Affray)
That “small fight” at a bar, wedding, street or bus stop is not small.
Section 91
👉 Fighting in a public place that scares others is a criminal offence even if both of you agreed to fight.
👉 Punishment: Up to 1 year imprisonment.

🥢 Insulting or provoking someone to cause a fight
“Na talk?”
The law says otherwise.
Section 83
👉 Using abusive or insulting words to provoke violence is a crime.
👉 Punishment: Up to 2 years imprisonment.

🥢 Assault without touching
You don’t need to beat someone to commit assault.
Section 252
👉 Threatening someone in a way that makes them fear immediate harm is assault.
Punishment: Up to 1 year imprisonment.

🥢 Breaking or damaging someone’s property
Smashing phones, tearing clothes, breaking car mirrors out of anger.
Section 451
👉 Wilful damage to property is a criminal offence.
Punishment: Up to 2 years imprisonment (more if damage is severe).

🥢 Taking something “small” that isn’t yours (Stealing)
“No be big thing” is not a legal defence.
Section 383
👉 Taking anything dishonestly, no matter how small, is stealing.
Punishment: Up to 3 years imprisonment (higher in aggravated cases).

🥢 Receiving stolen property
“I didn’t steal it, I only bought it.”
Section 427
👉 If you receive or keep property knowing it is stolen, you are guilty.
Punishment: Up to 14 years imprisonment

🥢 Impersonation
Using another person’s name, ID, or pretending to be who you are not.
Section 484
👉 Personation is a criminal offence.
Punishment: Up to 3 years imprisonment

🥢 Obtaining money by false pretence
Lies told to collect money, online or offline.
Section 419
👉 Getting money or property through deceit is a felony.
Punishment: Up to 7 years imprisonment

🥢 Threatening someone
Threats are not jokes.
Section 86
👉 Threatening harm to person or property is a criminal offence.
Punishment: Up to 2 years imprisonment

🥢 Forging documents
Fake letters, certificates, receipts, or signatures.
Section 465
👉 Forgery is a felony.
Punishment: Up to 14 years imprisonment

🥢 Unlawful assembly
Gathering to cause trouble or breach public peace.
Section 69
👉 Even before violence starts, the gathering itself can be a crime.
Punishment: Up to 1 year imprisonment.

Final reminder
Most people don’t break the law intentionally.
They break it ignorantly.

But remember this, Ignorance of the law is not a defence.

Know the law.
It may save your freedom.

Sheibatulhamd.

Before you push for court marriage, know it's true advantages and disadvantages and be sure of your decision. First, the...
16/12/2025

Before you push for court marriage, know it's true advantages and disadvantages and be sure of your decision.

First, there is nothing like court marriage in Nigeria. What you are calling court marriage is actually called "statutory marriage" or "Marriage at the registry" or "Marriage under the Act"

🚨🚨The advantages of statutory marriage are:

📍It only recognise one husband and one wife. It is a monogamous marriage.

📍It is easy to have and not expensive. With less than ₦70,000 you can have a valid statutory marriage.

📍It does not require parental consents for adults above 21 years.

📍Only two adult witnesses are required for the marriage to be valid and these witnesses do not need to be family members.

📍If a spouse contract another marriage with someone else without first divorcing the legal spouse, the legal spouse can sue the other for bigamy.

Bigamy is the 0ffence of marrying a second wife/husband and it comes with 7 years imprisonment.

📍The legal spouse can sue whom their spouse married and that will land the person 5 years imprisonment for marrying someone who had a statutory marriage and is not divorced.

📍Adultery is a ground for divorce and you can claim compensation against the spouse who committed adultery and the person they committed adultery with.

📍In the case of d£ath of one spouse, the living spouse have the legal rights to take control of what the late spouse acquired.

📍Even if the other spouse has side chicks and side c***s, or had traditional marriage with someone else, the legal spouse is the only one that will have a say and be recognized.

📍The marriage certificate, which has Nigerian Coat of Arms, and FORM E written on it is the only marriage certificate that is recognized all over the world. Any other marriage certificate is invalid.

The disadvantages of a statutory marriage (it can be advantages to some people depending on a particular case) are:

🚨It does not give children of the marriage special privilege against children born by the parents outside wedlock. All children of the couple, have equal rights.

For example, if your husband gets a woman pregnant and bears children outside, those children have right to inheritance alongside your children.

🚨There is nothing like 50/50 sharing of property during divorce. You can only get a share of what was acquired after the marriage and you must prove you contributed to acquiring them. Evidence comes into play!

🚨The divorce process is only done in any High Court in Nigeria.

🚨 Return of bride price does not end the marriage. You must go to court.

🚨You MUST use the services of a lawyer for the divorce case.

🚨The divorce case can last 2-5 years before it is concluded in the High Court.

🚨You MUST have money for the divorce case. For start to finish, budget between ₦700,000 - ₦1.5million for lawyer's fee, appearance fee, filing and service of court papers.

Stop forcing your partner to go for statutory marriage if the benefits you seek are different from these.

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