₦airaland Forum

Cum4me:
Do people still believe this scam called marriage

lol. remember "bone of my bones and flesh of my flesh" or the "second creation" of man. So, i feel the "marriage institution" is an indispensable part of mankind. The apposite question, seeking answers is "how can it is be done right?" "any perfect manual?" "any infallible methods to it?"

source: https://chicelectralegals.com/five-situations-where-you-may-be-married-but-legally-single/

Many years ago, there is a famous story about a man who married another woman in Lagos while still being in a subsisting customary marriage in Kano. When the truth emerged during an inheritance dispute, the later marriage was declared void because the earlier marriage still existed.

In Nigeria, Marriage is regarded as a sacred institution. However, Nigerian law recognizes that some marriages, although celebrated with ceremonies and witnesses, may not be valid in the eyes of the law. In such cases, the parties may appear married socially but remain legally single.

Under the Matrimonial Causes Act (MCA), certain circumstances render a marriage void ab initio—meaning the marriage is treated as though it never existed in law.

Below are five instances where this can occur.
1. When One Party Is Already Married
A marriage is void where either party is already lawfully married to another person at the time of the ceremony. This is the classic case of bigamy.
For example, if a man contracts a statutory marriage while a previous valid marriage still exists, the second marriage is void from the beginning.
In such a situation, despite the wedding ceremony and years of cohabitation, the parties are legally considered never to have been married.

2. When the Parties Are Too Closely Related
The law prohibits marriages between people within certain degrees of consanguinity or affinity, such as between siblings or close blood relatives.
Where parties fall within these prohibited degrees, the marriage is automatically void. In legal terms, their marriage never existed.
The reason behind this is both moral and genetic. The law seeks to protect family structures and prevent socially unacceptable unions.

3. When the Marriage Ceremony Is Not Legally Valid
A statutory marriage must comply with certain legal formalities. If these formalities are not followed, the marriage may be invalid.
For instance, marriages must generally be celebrated in a licensed place of worship or registry, unless a special license authorizes otherwise. Failure to comply with these formal requirements may render the marriage void.
Thus, a wedding ceremony conducted outside the legally recognized framework may create the appearance of marriage but not a legally valid union.

4. When Consent Was Obtained by Fraud or Duress
For a marriage to be valid, both parties must freely consent. Where consent is obtained through fraud, coercion, or serious pressure, the law treats the consent as invalid.
For example, Miss A agreed to marry Mr. B after intense pressure from her family. On the wedding day, she privately told a friend that she felt she had no choice but to go through with it.
Later, she could approach a court claiming that her consent was obtained through duress and intimidation.
If the court finds that consent was not genuine, the marriage may be declared void.

5. When a Party Lacked the Capacity to Understand the Marriage
Under Nigerian law, a person must have the mental capacity to understand the nature of the marriage contract. If a party lacks such capacity at the time of the ceremony, the marriage can be declared void.
In such cases, the law protects vulnerable individuals by refusing to recognize the marriage as legally valid.

End Note
A wedding ceremony alone does not always create a valid marriage. Under the Law, a marriage may be void from the outset if it involves bigamy, prohibited relationships or lack of mental capacity etc.
In these situations, the parties may appear married socially, yet legally they remain single, since the law treats the marriage as though it never existed.

link to source: https://chicelectralegals.com/the-legality-of-a-promise-to-marry-and-its-breach-under-nigerian-law/

In Nigeria, a promise to marry is not merely a moral commitment; it can have legal consequences.

FYI, Nigerian law recognizes an agreement to marry under different legal systems, including statutory marriage, Islamic law, and customary law. However, because marriage is regarded as a sacred and serious institution, courts require clear proof of intention before treating a promise as legally binding.

However, a mere romantic or social relationship does not amount to a binding promise. There must be convincing evidence that both parties genuinely intended to enter into marriage. While a written agreement may strengthen a claim, it is not always required. A Court may infer intention from conduct, such as formal introduction to families, engagement ceremonies, payment of bride price under customary law, or other culturally recognized steps toward.

Note that the proof required may differ depending on the type of marriage contemplated. Statutory and Islamic marriages, which have defined legal formalities, often require stricter proof than customary marriages, which depend largely on local customs and practices.

For a claim of breach of promise to marry to succeed, two elements must be established:

1-A clear and definite promise to marry.
2-A refusal or failure by the other party to honour that promise.

If these elements are proved, the injured party may claim damages. However, courts cannot compel a person to marry. The only available remedy is monetary compensation for losses suffered, which may include emotional distress, reputational harm, and financial expenses incurred in preparation for the intended marriage.

Source: https://chicelectralegals.com/you-cannot-be-forced-to-do-a-dna-test-merely-because-someone-demands-it/


Feel free to share your contributions and divergent opinions....

In Nigeria, a DNA test is often crucial in resolving paternity and inheritance disputes. However, the power of a court to order DNA testing is subject to constitutional safeguards and judicial discretion.

Generally, a Nigerian court cannot physically force an unwilling adult to submit to a DNA test, as doing so may infringe on the constitutional right to privacy under Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). Courts must balance this right against the interest of justice.

However, the import of the above infers differently in distinct scenarios as analyzed as follows:

PATERNITY OF ADULTS

Where the issue concerns an adult, whose paternity is being challenged:

In Nigeria, a child born during the subsistence of a valid marriage (or within 280 days after its dissolution, provided the mother has not remarried) is presumed legitimate.
This presumption of legitimacy is strong and can only be rebutted by cogent and compelling evidence.
Mere allegations of infidelity are insufficient to displace this presumption.
Where an adult refuses to undergo DNA testing, the court will not typically order physical compulsion.
Thus, an adult born within a valid marriage generally cannot be forced to submit to DNA testing merely to satisfy contending family members.

PATERNITY OF CHILDREN (MINORS)

The position differs when the dispute concerns a child (a person under 18 years as defined under the Child Rights Act):

Under the Child Rights Act, a child has the right to know and be cared for by his or her parents. Nigerian courts prioritize the best interest of the child. In such cases, courts are more willing to order DNA testing to resolve paternity.

In the end, Courts have the discretion to order DNA testing where justice demands it, particularly in paternity disputes. However, such discretion must be exercised cautiously and in line with constitutional rights.

budaatum:
This is the sort of thing I read that make me think of food on my table.

I'd learn the details of this Federal Competition and Consumer Protection Act (FCCPA) 2018 and just put a sign up in front of my house saying I help people for 10% of whatever I get back for them plus like an upfront ₦1000 registration fee, provided they have followed the rules of course.

And if the company don't pay, I'll sue them in court under this act for a refund and cost of suing. The cost would of course be mine to keep.

LOL. That was funny. But I feel you have successfully passed a message. In the end, Nigerians deserve to wake to the reality that there are reliable frameworks that protects them from unfair, deceptive, or exploitative practices. With laws like and a strong justice system, then and only then, can we dream of transcending into a developed nation.

Obnoxious “No Refund” policies are illegal and it is not just a hype — this is firmly grounded in the Federal Competition and Consumer Protection Act (FCCPA) 2018.

Just recently, The Enugu High Court declared Peace Mass Transit’s “no refund after payment” policy unlawful under the FCCPA and awarded ₦500,000 in damages to a passenger whose journey was not completed but no refund was given.

Under the FCCPA, you are entitled to receive goods that are of good quality, safe, durable and fit for purpose. Where a product fails to meet these standards, the consumer has the right to return the goods and demand a repair, replacement, or refund. This right exists even if the seller displays a “No Refund” notice.

The Act also protects buyers who did not have the chance to examine goods before purchase. If a product turns out to be unsuitable for the purpose for which it was bought, the consumer may reject it. In simple terms, you are not stuck with defective or misrepresented goods.

Importantly, the FCCPA makes it clear that any term or notice that seeks to waive or deprive a consumer of rights granted under the Act is void. That means a printed receipt, signboard, or even a signed agreement cannot override your statutory protections.

However, this does not mean refunds apply in every situation. Consumers must return goods within a reasonable time and should not have damaged them through misuse.

The FCCPA empowers Nigerians to shop with confidence. Vendors cannot hide behind “No Refund” signs to escape responsibility. In the end, if a product is defective or unfit, the law is on your side.

If you are aggrieved, you can approach the Federal Competition and Consumer Protection Commission (FCCPC) or pursue redress before the Competition and Consumer Protection Tribunal as well as a competent Court of law. The law also allows for compensation, damages, and regulatory sanctions against offending businesses, strengthening practical enforcement.