Is the offense of Adultery Criminalized in Nigerian laws?

By Barr. Stan Alieke.

Adultery is the voluntary sexual intercourse between a married person and a person who is not their spouse. The difference between adultery and fornication is that while the later is a voluntary sexual intercourse between unmarried couple, the former is a voluntary sexual intercourse between a person who is statutorily married and another person who is not his or her spouse.

The offense of adultery can be a valid ground for separation of marriage or divorce (if the other partner finds the extra marital affairs intolerable). A partner can file for divorce solely on the ground that the other partner is having extra marital affairs and that extra marital affairs have caused the irretrievable breakdown of the marriage.

While adultery can serve as a ground for divorce, it should however be noted that it is not a crime in Southern states of Nigeria, hence a partner cannot be punished for cheating on the other partner especially in the southern region of Nigeria.(Southern region here loosely comprises of the South South, South East and South West).

This principle was established by the Supreme Court in 1961 in the old case of Aoko v. Fagbeyemi (1961) 1 ALL NLR 400, where the court held that a woman who has been accused of cheating on her husband could not be convicted for adultery in the southern states of Nigeria because adultery was not prescribed as an offense in any written law in those states. This case also serves as a locus classicus to the constitutional principle that on no account should a person be punished for any offense or whatsoever that is not prescribed as an offense in any written law in Nigeria.

This principle was the highlight of s.36(12) of the 1999 constitution (as amended) which reads thus: “Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offense unless that offense is defined and the penalty therefore is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law”.

While in the Southern part of Nigeria where the Criminal Code Act applies, adultery is not a criminal offense, the law however considers adultery a criminal offense in Northern Nigeria where the Penal Code and sharia law applies.

Section 387 and 388 stipulate the punishment of imprisonment for two years, and/or with a fine for the crime of adultery committed in that region.

So to answer the question; “whether adultery is a crime in Nigeria”? the answer will depend on what region of Nigerian law applies to you. If you are in Northern states, Yes, adultery is a crime and you can go to jail for the crime of adultery but if you are in Southern region, then No, adultery is not a crime.

In summary, under the Nigerian criminal justice system, the country is polarized into two criminal laws: the Criminal code and the Penal code/Sharia Law. While the Criminal code is applicable to Southern Nigeria, the Penal code and Sharia law is applicable to the Northern states. Under the criminal code, adultery is not a crime, hence, a person cannot be punished for adultery in Southern Nigeria but a person can be punished with 2 years imprisonment term and or with a fine in Northern Nigeria where the penal code/ Sharia law applies.

Mr. Stan Alieke, Esq.
Lead Counsel
Stanley Alieke & Co.
infoitooknow@gmail.com

Informative

In spiritual law archives of Yahweh, it is a sin worthy of death

Westernequinox:
In spiritual law archives of Yahweh, it is a sin worthy of death

We are talking about law you are bringing your Yahweh into it.. not everyone practice your belief..

We follow the law here..you can tell that to those who are bonded by religious fantasies and folktales...

It is not given to a mortal understand spiritual matters, your whole intellect is learned of men and their observation of studied phenomenons which having repeated the same cycle becomes a fact, The functionality parameters of mind are defined by the five senses of a man in the flesh and that forms an input to collect data(information) that's analyzed by your mind and it becomes an operating base for the definition of who you are and your purview of judgement of circumstances is defined by such parameters,and since faith is a spiritual substance, and the spiritual realm operate notches way more higher than the understanding level with you can perceive,So it is easily dismissible as it does not cross validate with the built up mundane information stored in the mind, it is like bringing a Nokia 3310 first edition into a WiFi saturated zone, such realm of communication is oblivious to such device,so the inability of a man to perceive the things of the spirit is not the absence of the dimension, but the man himself is lacking in functionality to operate on such levels, more likely for such having having survived on the works of the flesh(intellect and sin) so far,he most likely given to a reprobate because he in his pride of life has failed to give attention to matters broader than the scope of his mind, matters like how is the operational scope of the earth itself built with such ecosystem of relationship in the environment that sustains,the functionalities that obtain and death that forever decays, it takes a conscious mind to bring conscious designs that are functional for the environment for such design to thrive, it is a derivative of a supernatural programming and engineering, the principles of the supernatural codes stated by God define the stability of the natural design in operation the earth so as to quench your pride,if the your inner eyes are blind. So the question for you is this?what knowing do you know that is not told to you by men, what impressions are on your heart that is not of your babel schooled portfolio?

FERNANDEZISBACK:

We are talking about law you are bringing your Yahweh into it.. not everyone practice your belief..

We follow the law here..you can tell that to those who are bonded by religious fantasies and folktales...

Westernequinox:
It is not given to a mortal understand spiritual matters, your whole intellect is learned of men and their observation of studied phenomenons which having repeated the same cycle becomes a fact, The functionality parameters of mind are defined by the five senses of a man in the flesh and that forms an input to collect data(information) that's analyzed by your mind and it becomes an operating base for the definition of who you are and your purview of judgement of circumstances is defined by such parameters,and since faith is a spiritual substance, and the spiritual realm operate notches way more higher than the understanding level with you can perceive,So it is easily dismissible as it does not cross validate with the built up mundane information stored in the mind, it is like bringing a Nokia 3310 first edition into a WiFi saturated zone, such realm of communication is oblivious to such device,so the inability of a man to perceive the things of the spirit is not the absence of the dimension, but the man himself is lacking in functionality to operate on such levels, more likely for such having having survived on the works of the flesh(intellect and sin) so far,he most likely given to a reprobate because he in his pride of life has failed to give attention to matters broader than the scope of his mind, matters like how is the operational scope of the earth itself built with such ecosystem of relationship in the environment that sustains,the functionalities that obtain and death that forever decays, it takes a conscious mind to bring conscious designs that are functional for the environment for such design to thrive, it is a derivative of a supernatural programming and engineering, the principles of the supernatural codes stated by God define the stability of the natural design in operation the earth so as to quench your pride,if the your inner eyes are blind. So the question for you is this?what knowing do you know that is not told to you by men, what impressions are on your heart that is not of your babel schooled portfolio?

Unfortunately you made no logical point to prove that he does exist..so as I said stop shoving your Yahweh on everyone's face..

This is strictly law and not spiritual book..

If you read the post well,you said the word logic, is it logical that you created yourself and all the functionality of your being operates without being given information, is it logical that you eat , and it is processed with exploring the complex processes that are engaged beyond your mundane understanding and it adds vitality to your body, define that by logic? Is your hunger and thirst logical?what defines parameters for such unease, My God does not suck to the mundane and baseless perspective of blind men who has eyes but fails to see, mind but can not discern, you were Once domiciled in scrotal sack of your progenitor as ,and was it logical that it was you that was fused with the eggs, The inability for your mind grasp such information and understanding of a divine maker who made everything in the physical to see, He needs to prove nothing to you, you are on popular opinion bandwagon because of certificates validated paper and prestige given to the men of academia, when you have run the full circle of your vain struggle of trying to survive a system built and defined by laws of men, your earthly life span would not even last as long as the farthest celestial body in the Earth's solar system, then in your shriveling mortal shell of flesh as your soul is snapped out in death, you shall encounter him in your passage door to eternity, Alas! The blindness of you eyes shall be unveiled and your works shall be tested by fire in the presence he would sits on the throne in judgement, His name is Jesus, because you shall remember it for all eternity.

FERNANDEZISBACK:

Unfortunately you made no logical point to prove that he does exist..so as I said stop shoving your Yahweh on everyone's face..

This is strictly law and not spiritual book..

Westernequinox:
If you read the post well,you said the word logic, is it logical that you created yourself and all the functionality of your being operates without being given information, is it logical that you eat , and it is processed with exploring the complex processes that are engaged beyond your mundane understanding and it adds vitality to your body, define that by logic? Is your hunger and thirst logical?what defines parameters for such unease, My God does not suck to the mundane and baseless perspective of blind men who has eyes but fails to see, mind but can not discern, you were Once domiciled in scrotal sack of your progenitor as ,and was it logical that it was you that was fused with the eggs, The inability for your mind grasp such information and understanding of a divine maker who made everything in the physical to see, He needs to prove nothing to you, you are on popular opinion bandwagon because of certificates validated paper and prestige given to the men of academia, when you have run the full circle of your vain struggle of trying to survive a system built and defined by laws of men, your earthly life span would not even last as long as the farthest celestial body in the Earth's solar system, then in your shriveling mortal shell of flesh as your soul is snapped out in death, you shall encounter him in your passage door to eternity, Alas! The blindness of you eyes shall be unveiled and your works shall be tested by fire in the presence he would sits on the throne in judgement, His name is Jesus, because you shall remember it for all eternity.

Then tell your God to come over to rule us and stop all the killings..since you say he exist why is he not showing any sign of his existence..

You cannot see , since your perception is blocked by a master deciever, the earth is only an aspect of many projects, he has called you unto son, the vileness worked among the sons of men is worked of the evil heart, everyman shall be satisfied by the fruits of their own mouth,it is easier for you to accept deceit, because is easier along the lines of your heart, because the truth is of God and the flesh is enemies with God, until he he opens the door, the truth would find expression in you heart, the only thing i can pray for that he gives you an experiential knowledge at mercy of his own voilition

FERNANDEZISBACK:

Then tell your God to come over to rule us and stop all the killings..since you say he exist why is he not showing any sign of his existence..

The other sign is that only he knows the appointed day of your death, and no body can peep into it in the annals of Christ

FERNANDEZISBACK:

Then tell your God to come over to rule us and stop all the killings..since you say he exist why is he not showing any sign of his existence..

Westernequinox:
The other sign is that only he knows the appointed day of your death, and no body can peep into it in the annals of Christ

That ain't a sign..

Oga it is not.

But let me warn u...leave that married woman u are bleeping, that thing that is lying to u in Ur heart, for you to go on and bleep that married woman, that is not a crime..that same thing will destroy u if care is not take.

I know exactly what prompted this Ur questions, as I have once found myself in the same situation...u are looking for reason to keep bleeping that married woman.

Brother the end most time is not sweet to tell Nd d end may include as follows:

Untimely death
Public disgrace and crowd beating and black eyes
Misfurtune
D woman may claim rape just to safe her head
Assassination
Regrate.

So leave that married woman that is recieving u that she love u more than her husband