KNOW YOUR RIGHTS: Is Cheating a Crime in Nigeria? Can Your Spouse Be Arrested for Adultery?

KNOW YOUR RIGHTS: Is Cheating a Crime in Nigeria? Can Your Spouse Be Arrested for Adultery?

Also Know Your Rights: That Document You Are Signing May Put You in Trouble

Infidelity is one of the leading causes of marital disagreements and broken relationships. When a husband or wife discovers that their partner is having an affair, emotions can run high, sometimes leading to threats, confrontations and even police involvement.

But does Nigerian law permit someone to be arrested simply for cheating on their spouse?

Can a wife walk into a police station, accuse her husband of adultery and demand his arrest? Can the police arrest both the husband and the woman involved?

The answer depends largely on the applicable law and jurisdiction.

Here is what Nigerians need to know.

1. Is Adultery a Criminal Offence in Southern Nigeria?

Generally, no.

Under the Criminal Code applicable in Southern Nigeria, adultery, by itself, is not generally recognised as a criminal offence.

This means that in states such as Lagos, a person cannot simply be arrested and prosecuted solely because their spouse accuses them of having an extramarital affair.

An important judicial authority on this principle is Aoko v. Fagbemi (1961) 1 All NLR 400.

The case reinforced the constitutional principle that nobody should be convicted of a criminal offence unless that offence is defined in a written law and its punishment prescribed.

This principle is also reflected in Section 36(12) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

2. What About Northern Nigeria?

The legal position is different in certain Northern jurisdictions.

Sections 387 and 388 of the Penal Code applicable in some jurisdictions provide for offences relating to adultery by a man and adultery by a woman, subject to the conditions specified by the applicable law.

The prescribed punishment under these provisions can extend to two years’ imprisonment, a fine, or both.

Additionally, some Northern states operate Sharia-based criminal laws containing separate provisions on adultery.

However, these laws do not apply uniformly throughout Northern Nigeria. The particular state’s legislation, the applicable legal system and the circumstances of the case must be considered.

3. Can Cheating Be Grounds for Divorce?

Yes.

Although adultery may not constitute a criminal offence in Southern Nigeria, it can have serious consequences in matrimonial proceedings.

Section 15(2)(b) of the Matrimonial Causes Act provides that a marriage may be considered to have broken down irretrievably where the respondent has committed adultery since the marriage and the petitioner finds it intolerable to live with the respondent.

In other words, a spouse who discovers that their partner has committed adultery may rely on that conduct as a ground for seeking dissolution of a statutory marriage, provided the legal requirements are satisfied.

This demonstrates an important distinction: an act can have legal consequences in a divorce proceeding without necessarily being a criminal offence.

4. Can the Police Arrest Someone for Cheating in Lagos?

The answer is no, not for adultery alone.

Where a spouse walks into a Lagos police station and demands that their partner be arrested simply for having an affair, the police cannot lawfully treat the allegation of adultery alone as a criminal offence under the applicable Criminal Code.

However, if the incident involves other suspected criminal conduct, such as assault, threats, violence or unlawful detention, the police can investigate and take appropriate action under the relevant law.

It is important to understand that marital infidelity does not give anyone the right to assault, threaten or unlawfully detain another person.

5. What Should You Do If Your Spouse Cheats?

Discovering infidelity can be emotionally devastating, but taking the law into your own hands can create more serious problems.

If you find yourself in such a situation:

Avoid physical confrontation or violence.

Do not threaten or unlawfully detain your spouse or the alleged partner.

Seek legal advice if you are considering divorce.

Preserve relevant evidence lawfully if you intend to rely on adultery in matrimonial proceedings.

Report any actual violence, threats or other criminal conduct to the appropriate authorities.

Understanding your legal rights can help you avoid actions that may expose you to criminal liability.

KNOW YOUR RIGHTS: WHAT WOULD YOU DO?

Consider this scenario:

A married man in Lagos is caught by his wife with another woman. The wife becomes furious, takes both of them to the police station and demands that they be arrested for adultery.

Under the applicable law, what should the police do?

A. Arrest both the husband and the woman.

B. Arrest only the husband.

C. Explain that adultery alone is not a criminal offence under the applicable law.

D. Immediately take the matter to court.

Share your answer in the comment section. Let’s educate ourselves about the law.

CREDIBILITY NOTE

This article is an independent legal education publication by Headlineswave News Desk, drawing on the 1999 Constitution of Nigeria, the Criminal Code, applicable Penal Code provisions and the Matrimonial Causes Act.

It is intended for public enlightenment and does not constitute individual legal advice. The application of the law may vary depending on the jurisdiction and circumstances of each case.

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