₦airaland Forum

Marry a Girl Less Than 18 and Go to Jail. Surprised?

Sleep with a girl less than 18 and face life imprisonment.

I shock you? No be me talk am. Na wetin law say.

Recently, social media was flooded with allegations that popular Nollywood actress Regina Daniels was only 17 years old at the time of her marriage, contrary to public belief that she was 19. Whether that story is true or not is not the reason for this post. However, such an allegation raises a very important question that concerns every parent, young girl and community leader.

What is the legal effect of marrying or giving out a girl less than 18 years in marriage under Nigerian law? And what happens if a man has sexual intercourse with such a girl, even with her consent?

Who is a Child in Law

Section 277 of the Child’s Rights Act 2003 defines a child as a person under the age of eighteen years. By this definition, a girl who is 17 is still legally a child. This is not a matter of culture or religion. It is a clear legal boundary that determines who has the capacity to marry or to give valid consent to sexual relations.

Can a Child Marry or Be Given in Marriage

The simple answer is No.

Under Section 21 of the Child’s Rights Act (Cap C50, Laws of the Federation of Nigeria 2003), no person under the age of eighteen years is capable of contracting a valid marriage, and accordingly, a marriage so contracted is null and void and of no effect whatsoever.

This means that any marriage involving a person below 18 years is invalid in law. It creates no legal husband and wife relationship. It gives no marital rights or obligations.

What if the Parents or Custom Support the Marriage

Even if the parents, guardians or a religious or traditional authority approve of such a union, the law does not recognise it.

Section 22 of the same Act makes it a criminal offence for any person to marry or to have another person marry a child. Anyone who does so is liable on conviction to a fine of Five Hundred Thousand Naira or imprisonment for five years or both.

This means that the man who marries the child commits a crime. The parents or guardians who give her out also commit a crime. Even the religious or traditional leader who conducts or witnesses such a marriage shares the same criminal responsibility. The law leaves no room for excuses based on custom or family consent.

Legal Effect of Such a Marriage

Because the law says that such a marriage is null and void and of no effect whatsoever, it has no legal existence. The so-called husband is, in the eyes of the law, merely an adult cohabiting with a child. The girl remains a child and no lawful marital rights can arise from the relationship.

If sexual intercourse occurs in such a situation, Section 31 of the Child’s Rights Act classifies it as a criminal offence punishable by life imprisonment. The section states that any person who has sexual intercourse with a child is guilty of an offence and liable on conviction to imprisonment for life. It further provides that it is immaterial that the child consented to the act.

In simple terms, even if a 17-year-old girl says she agreed, the law does not recognise that consent. A person under 18 years cannot legally consent to sex or marriage. Any adult who engages in such conduct faces the full weight of criminal punishment.

In Summary, a girl below 18 years and even a boy below 18 years is a child under Nigerian law. She cannot marry, and anyone who marries or gives her out in marriage commits a crime punishable by five years imprisonment or a fine of Five Hundred Thousand Naira or both. If sexual intercourse follows, it amounts to defilement under Section 31 of the Child’s Rights Act and attracts life imprisonment.

The law is firm and clear. No consent, custom or religious belief can justify such a union. The purpose of these laws is to protect the best interest of the child. It is to shield minors from exploitation, forced marriage and early exposure to sexual responsibilities they are not physically or emotionally ready to bear.

So if you like them young and fresh, better be careful to avoid stories that touch.

Friends, do you think ignorance of the actual age of the girl could be a defence in such a case? Let us talk in the comments.

I am Ebelechukwu Aroh, the Nigerian family and property lawyer.
I help you protect what you cannot afford to lose: your land, your legacy and your family.

NB: This law applies to the Federal Capital Territory and to states that have domesticated the Child’s Rights Act. This post is strictly for educational purposes without more.

#arohnwokaebelechukwu #ebelechukwulawfirm #familylawnigeria #childmarriage #childsrights #nigerianlawyer

She Was Asked to Drink Her Late Husband’s Bath Water But the Law Said No

The social media space was recently flooded with the heartbreaking story of a young widow from Awo Omamma in Oru East LGA, Imo State, whose husband died after a protracted illness.

During the burial, her in-laws allegedly insisted that she must drink and bathe with the water used in bathing her late husband’s corpse and even wanted to shave her children’s hair as part of a so-called cleansing ritual.

This is not just cruelty; it is a crime under Nigerian law.

Rescue came when the matter was reported to the Imo State Commissioner for Women Affairs and Social Welfare, HH Lady Nkechinyere Ugwu (Mama Palliative) and the Office of Her Excellency, Chief Dr Chioma Uzodimma, wife of the Governor of Imo State.

Working with the Chairman of Oru East LGA, Virgin Heart Foundation, Onurube Initiative, and security personnel, the Ministry’s team intervened immediately and stopped the act. The widow and her children were rescued, and those involved handed over to law enforcement for prosecution.

Across Nigeria, many widows still suffer degrading and inhuman widowhood practices in the name of culture. But the law is clear and uncompromising.

Under Section 17 of the Imo State Violence Against Persons (Prohibition) Law No. 8 of 2021,

“Drinking the water used in washing a widow’s husband’s corpse,”
“compulsory shaving of her hair,”
“sleeping beside the corpse,” and similar acts are criminal offences.

Anyone who carries out such practices is liable on conviction to imprisonment for a term not exceeding three years or to a fine not less than five hundred thousand naira or both.
Even attempting to commit such acts attracts imprisonment for a term not exceeding two years or a fine not exceeding three hundred thousand naira or both.

Before you say that is only in Imo State, know that most states in Nigeria have now domesticated the Violence Against Persons (Prohibition) Act, including Anambra, Abia, Enugu, Ebonyi, Lagos, Benue, and Edo States.

Widowhood is not a crime. It deserves compassion, not cruelty.
Any custom or tradition that humiliates or harms a widow is unlawful and punishable under the law.

Every widow in Nigeria should know this: you have rights and the law protects you.
If anyone tries to subject you to such treatment, report to the Ministry of Women Affairs, the Police, or a recognised human rights organisation.

I am Ebelechukwu Aroh, the Nigerian family and property lawyer.I help you protect what you cannot afford to lose; your land, your legacy, and your family.

#arohnwokaebelechukwu #ebelechukwulawfirm #familylawyer

Read This Before You Build on Family Land

Many families have spent years in avoidable court cases because of ignorance of what I am about to share.

Meet Emeka. He is from the Okafor family, one of the families that own vast portions of land in their village. Their great-grandfather was said to be a mighty warrior who conquered neighbouring lands and took them as his own. That is how the Okafor family came to possess such large farmlands.

Today, the Okafor family is made up of three sub-families. Each member farms on portions of the family land for agriculture and personal use. Emeka, like others, has been farming on a portion for years.

Recently, his crops yielded bountifully. Excited, he said, “God has blessed me! It is time to build.” Without consulting anyone, he bought blocks and sand and began to develop the land he had been farming on. He expected others to rejoice with him, but instead, he met resistance. The family threatened to sue him if he did not stop building.

Confused, Emeka asked, “What have I done wrong?”

If you are like Emeka, pay attention-here is what he got wrong.

Family land, like the Okafor family’s land, is jointly owned by all members of the family. The family head has the right to allocate portions for temporary use- such as farming- but that allocation does not make any individual the owner of that piece. Until the family land is formally partitioned or shared, it remains the collective property of the family.

That means any permanent structure built on unpartitioned family land automatically becomes a family property, not the builder’s personal property.

Lessons to Learn

Before you build on any family land:

Make sure the land has been properly shared or partitioned among the family branches down to individual members of the family.

Obtain clear evidence of partition- minutes of family meetings, survey plans, or written agreements like deed of partition. This is to avoid chocho with no evidence.

Avoid investing in permanent structures on unshared family land. Otherwise, after spending your hard-earned money, you may lose the property to the family.

Do not be another Emeka. Seek legal advice and documentation before you build.

I am Ebelechukwu Aroh-Nwoka, the Nigerian family and property lawyer.
I help you protect what you cannot afford to lose- your land, your legacy and your family.

#ebelechukwulawfirm
#propertylaw

Statutory Marriage Does Not Automatically Entitle You to Maintenance After Divorce

What if I told you that statutory marriage does not automatically entitle you to maintenance after divorce?

Many women mistakenly believe that once they marry under the Act, they can claim any amount of money from their husband upon divorce. If you belong to this WhatsApp group, draw closer, because that is not what the law says.

Under Nigerian law, maintenance is not automatic. Yes, you heard me right. It is not an entitlement that every wife under a statutory marriage enjoys.

Take Ngozi, for example. She had a statutory marriage and wanted the court to grant her maintenance. The first thing her lawyer told her was, “You must ask for it.” Why? Because the court is not a Father Christmas who gives what you do not ask for.

But Ngozi’s lesson did not end there. She had to bring evidence of her husband’s means, earning capacity, conduct, and the standard of living she enjoyed before the divorce. In other words, if she was asking for ₦1,000,000 monthly maintenance, she had to prove that her husband could afford to pay it.

In addition, she had to show that her husband’s behaviour justified her claim, because the court considers the conduct of both parties in deciding who deserves maintenance. So before you tell your lawyer to demand ₦3,000,000 monthly maintenance, remember that the burden of proof is on you.

Now, let me shock you even more, your husband can also apply for maintenance against you if the facts favour him.

Takeaway

1. Statutory marriage does not automatically entitle a wife to maintenance after divorce.

2. You must specifically request maintenance during the divorce proceedings.

3. You must prove your spouse’s means, conduct, earning capacity and more before court can order your spouse to pay maintenance.

4. The court considers the conduct and financial position of both parties before granting maintenance.

5. A husband may also apply for maintenance against his wife if the facts support it.

I am Ebelechukwu Aroh, the Nigerian family and property lawyer. I help you protect what you cannot afford to lose; your land, your legacy, and your family.

#ebelechukwulawfirm #familylawattorney #familylawyer

Ngozi Thought She Was a Wife Until the Law Said Otherwise

Meet Emeka. He lives in the United States and is already married to an American woman with kids. Emeka made his white wife believe that she is his “ride or die.”

But notwithstanding the love showered on Emeka by the white lady, he has this silent fear: will my children born and bred in America ever relocate to Nigeria? He does not want his lineage to be missing.

Emeka does not want stories that touch. So, as a smart guy, he met Ngozi on one of the social media apps. Ngozi is 21 and based in Nigeria. It all started when Emeka slid into her DM. From being friends, he later made his intentions known to her.

“Will you marry me?” Emeka asked Ngozi.

“Honestly, I would love to spend the rest of my life with you. You complement me. You are my dream. However, my fear is that you are married. I cannot settle for only a traditional marriage. I want to rock my wedding gown.”

“Oh, fear not,” Emeka replied. “That marriage is in America. She and the kids are not ready to come down to Nigeria. You are my queen. I will marry you the way you desire. Is it court marriage? Consider it done.”

“Thank you, my heart. Let the countdown begin.”

Many young ladies are like Ngozi. What they want is statutory marriage. As long as the foreign wife will not come to Nigeria, they are okay. After all, it took place outside Nigeria.

But wait, let me shock you with what the law says.

In Nigeria, for a statutory marriage to be valid, both parties must be single or divorced. That is one of the requirements for a valid marriage. Marrying a foreigner does not make it less a marriage.

The danger of contracting a statutory marriage without dissolving your earlier one is that your later marriage will be deemed void.

A void marriage means the law considers you single, although you went through all the ceremonies. The danger is that if your partner dies without a will, you may be denied the right to inherit one-third of your deceased husband’s estate. The worst part is that even a third party can apply even after the death of your spouse for the marriage to be annulled for being void.

No lady in her right sense would desire such a thing.

If he claims to love you, let him dissolve his earlier marriage whether in Nigeria or abroad and marry you properly. Otherwise, the law does not regard you as married.

You might want to ask: “Lawyer, what if he only did customary marriage with the first wife and now wants to do court wedding with me?”
My dear, it is all shades of wrong. The marriage would still be regarded as void because he is not single or divorced as at the time of your marriage.

The takeaway: For a statutory marriage to be valid, both parties must be single or divorced. Otherwise, the marriage is void, and this is one of the clear grounds for annulment of marriage in Nigeria.

So if you are like Ngozi, shine your eyes. Do not let love blind you into entering a void marriage. Marriage is sweet, but the law is bitter when ignored.

If you were in Ngozi’s shoes, would you still go ahead with Emeka’s proposal?

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer. I help you protect what you cannot afford to lose: your land, your legacy, and your family

Yes, 09045532566

quote author=Tfinal post=136996295]Please can I contact you on whatsapp? I need your directions[/quote]

Divorce by Prophecy? What No One Talks About

In recent times, one quiet but dangerous cause of divorce is prophecy.

I have personally handled divorce cases where a marriage that was once peaceful began to collapse because a prophet or prophetess declared something negative about one of the spouses. Suspicion set in. Every quarrel, every financial struggle was suddenly linked back to that prophecy.

The truth is that while many families have prospered through genuine prophecy, many others have been torn apart by words that planted fear, doubt, and mistrust.

Marriage is a covenant that requires wisdom, dialogue, and balance. A prophecy should guide, not dictate. Once a spouse allows an outsider’s word to carry more weight than their partner’s voice, the home is already at risk.

So what is the way forward?

Test every prophecy with wisdom.

Seek wise counselling before allowing spiritual declarations to shape marital decisions.

Remember that the court will not recognise “prophecy” as a ground for divorce. What it will see is cruelty, desertion, or intolerable behaviour, all of which are often the aftermath of blind reliance on such words of prophecy.

Your marriage should be built on trust, not fear.

Do you think couples should allow prophecies to influence their marriage decisions, or should they rely more on counselling and personal judgment?

If you found this helpful, click follow button for more straight-talk legal truths that protect your family, land, and peace of mind.

You can reach out to me via +2349045532566- (WhatsApp)
#arohnwokaebelechukwu #ebelechukwulawfirm #familylawyer #FamilyLawAttorney

You can reach out to me via my WhatsApp -+2349045532566

quote author=Dogalmighty17 post=136997344]She hardly responds to mails. Some of us would like to discuss the peculiarities of our situation with her in private.[/quote]

You can reach me on WhatsApp+2349045532566

Dogalmighty17:
She hardly responds to mails. Some of us would like to discuss the peculiarities of our situation with her in private.

Annulment of Marriage or Divorce: Which One Is Best for Me?

Over the years, I have been asked this question many times: “Lawyer, should I go for annulment of marriage or divorce?”

The truth is that many people do not know the difference. They enter court thinking they are on the right path, only to discover after many years that they chose the wrong route. It is like setting out for Sokoto but mistakenly entering a bus headed to Anambra. By the time you arrive, you realise you are in the wrong place entirely. You would not like to make such an expensive mistake, would you?

Let me help you set the record straight.

What is Annulment of Marriage?

Imagine a man who buys land, secures the approvals, and builds a house. The neighbours clap for him and call him a proud homeowner. Then one day, the housing authority arrives and declares: “This house does not exist in law.” They pull it down and restore the land to its original state.

That is annulment of marriage. Even though two people have married, paid bride price, gone to church, or even conducted a statutory marriage, the law later says the marriage never legally existed. Why? Because of a defect, such as one party already being married, or marrying within prohibited degrees of relationship, or failure to meet conditions laid down by law.

In simple terms, annulment wipes away the marriage as though it never happened.

What is Divorce?

Divorce is different. Divorce applies where the marriage is valid and recognised by law, but the relationship has broken down. The court is then asked to dissolve that valid marriage. So annulment declares “there was never a marriage,” while divorce says “this valid marriage has come to an end.”

Which One is Best for You?

The answer depends on your situation:

If there is a defect at the root of the marriage, annulment is the right option.

If the marriage is valid but no longer working, divorce is the proper path.

This is why getting legal advice early is important. Choosing the wrong route can waste years of your life and your resources.

Kindly stay tuned for the next publication in this series: Grounds for Annulment of Marriage in Nigeria.


I am Ebelechukwu Aroh-Nwoka, your family and property lawyer. I help you protect what you cannot afford to lose- your land, your legacy, and your family.

#arohnwokaebelechukwu #ebelechukwulawfirm #familylawattorney #familylawyer

Is it worth it to fight your husband’s side chick? Lessons from Ichie Obiora and Chinasa.

A few years ago, I witnessed a housewife lay an ambush for her husband’s side chick after trailing them for a while. She went physical on her, and the aftermath was a criminal charge of assault against the wife. To my utmost surprise, the husband came to court in solidarity with the side chick.

I also know of a case where a housewife attacked a side chick. Thereafter, the husband, to show his displeasure, withdrew and sold the private car he had given to her. He even asked her mockingly: “Did your father drive a car? I gave you a car to make your life easy, and since you are using it to monitor me, let me keep you where you belong.” The car was sold. It did not end there, he later married the side chick, along with her grown-up children.

Recently, the internet was hit with the story of Ichie and his lover, whose s£x tape went viral. Ichie is married. His wife, probably out of anger, gathered other women from their town and went to Chinasa, the then side chick, to warn her to leave their husband alone. What next? The internet was later awash with the traditional wedding invitation of Ichie and Chinasa. Pictures below even suggest that they are already married traditionally.

These and many other incidents have made me always advise wives against targeting the side chicks, but rather to focus on the real issue- the community prick.

However, on the other side of the divide are those who believe that a woman ought to protect her territory by confronting intruders. To them, not doing so raises questions about her affection and strength.

So, what is your take? What is the best approach for a wife faced with such a situation? Kindly share your thoughts with us.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer. I help you protect what you cannot afford to lose- your land, your legacy, and your family.

Happy Sunday.

S£x is sweet. But responsibility is sweeter.

Recently, I witnessed a young girl barely twenty undergo an emergency caesarean section. She came from a humble background. Her “baby daddy” appeared to have nothing except an erection.

Labour stalled. Both mother and child were in danger. Thankfully, the hospital manager prioritised saving lives over money. The CS was done. Mother and child survived.

Then reality struck. They had no essentials. Even ordinary spirit and cotton wool had to be borrowed from other patients.

The baby daddy went out to fetch hot water and pap, promising to return in a few hours. Ten hours later, he was nowhere to be found.

The baby, unable to latch, was given water and glucose. But hunger cannot be deceived. She cried uncontrollably. The mother, who was fit enough to take pap, had nothing to eat. She wept, not from joy, but from hunger.

It took the compassion of strangers to buy a tin of NAN milk for ₦11,500 and food for the mother. That was what kept both alive while waiting for the “Messiah”-the baby daddy.

The lesson is simple:
S£x comes with responsibility. “I love you” does not pay hospital bills.

Ladies, before you spread your legs, ensure there is something in your account. Do not assume the man is capable. Appearance can be deceitful.

To married women, pregnancy is not just about emotions. It is about finances. Do not wait until you are reduced to a welfare case before realising that preparation is key.

I chose to address my gender because we bear the burden of child delivery. But men, do not let erection be your compass. Erection comes with responsibility. I need not say more.

I hope I have spoken to someone.
Have a thoughtful day.

#familylawattorney #familylawyer #arohnwokaebelechukwu #ebelechukwulawfirm

Lawyer, can a father get custody of a child born out of wedlock?

So many men are caught up in this web.
They meet a woman casually. Nothing serious. Suddenly, pregnancy.

Emeka was not ready for marriage. She bore the burden alone and delivered the baby out of wedlock.

Now, Emeka wants to be the best father he can be. But then came the unthinkable.
The community says: “A child born out of wedlock belongs to the mother’s family.”

Is this lawful?
The answer is No. Such customs are repugnant to natural justice, equity, and good conscience.

The Court of Appeal made this clear in Muojekwu v. Ejikeme (2000) 5 NWLR (Pt. 657) 402. In that case, TOBI, J.C.A. held:

“Why should a custom deny the biological father of his children? A custom which denies the natural or biological father of his child is repugnant to natural justice.”

The truth is clear. A child born out of wedlock does not cease to be the child of his or her father. Nigerian courts have repeatedly affirmed that fathers also have rights and duties towards such children. Custody is not automatic to the mother or her family. The paramount consideration is the welfare of the child.

If a father can prove that he is responsible, capable, and that custody is in the best interest of the child, the court can grant him custody or access rights, whether or not he was married to the child’s mother.

The lesson is simple: being unmarried does not strip a father of his parental rights.

I am Ebelechukwu Aroh-Nwoka, Esq., the Nigerian family and property lawyer. I help you protect what you cannot afford to lose, your land, your legacy, and your family.

For further information or inquiry, send a DM.

#arohnwokaebelechukwu #ebelechukwulawfirm #familylawnigeria
#childcustody

Can Parents Legally Stop Their Adult Children from Marrying in Nigeria?

A viral lawyer’s letter has set tongues wagging. In it, one family publicly disowned their son’s proposed marriage, warned the bride’s family to back off, and even copied police and the marriage registrar.

It leaves many Nigerians asking: can parents truly stop an adult from marrying?

What the Law Says

Under customary law, especially in Igboland, family consent is everything. Without it, a customary marriage is incomplete. Marriage here is not just between two individuals but between families. A father’s or kindred’s disapproval can render the rites invalid.

But under Section 18 of the Marriage Act, the rules are different. Once a man or woman is 21 years or older, parental consent is not needed. Adults have full legal capacity to marry at the registry or in a licensed church. The marriage will stand in law, even if the families disapprove.

So, what happens if the couple insists?

If they marry under customary law, the family’s objection voids the union.

If they marry under statutory law, the union is valid in the eyes of the law, but the family may cut ties and refuse recognition.

Takeaway from the above:

Parents cannot legally stop their adult children from marrying under statute. But culturally, in customary marriages, their word still carries decisive weight.

That said, I do not think it is wise to force yourself into a family that clearly does not want you. Till tomorrow, marriage in Nigeria remains a family affair whether customarily or otherwise. For that reason, forcing yourself in against family resistance is often undesirable.

What is your take when faced with parental resistance in marriage? Do you proceed with law on your side or walk away with your peace?

I am Ebelechukwu Aroh-Nwoka, your Nigerian family and property lawyer. I help you protect what you cannot afford to lose, your land, your legacy, and your family.

#arohnwokaebelechukwu #ebelechukwulawfirm #familylawnigeria

Lawyer, can I inherit everything if my husband dies without a will?

Many women think the answer is yes.
The law says no.

If he married under the Marriage Act, that is statutory marriage, his estate will be shared according to the relevant provisions of the Administration of Estate of the Deceased Law between wife and children.

The wife gets 1/3 of the estate.
The children gets 2/3 of the estate.
The wife has only life interest in the 1/3 she got. This simply means that she cannot sell or part with it. If she remarries, she loses everything to the husband's estate.

If he married under Customary Law the customary law will decide who gets what. His family may even claim a large part.

If he married under Islamic Law his estate is divided strictly by Qur’anic rules.

One fact is clear: a wife does not automatically inherit all.

That is why every man should make a will.It protects his wife, his children, and his legacy.

I am Ebelechukwu Aroh, the Nigerian family and property lawyer.I help you protect what you cannot afford to lose- your land, your legacy, and your family.

#arohnwokaebelechukwu #ebelechukwulawfirm #propertylawyernigeria

Many people believe that once bride price is returned, the marriage is over. But that is not true especially if you also had a court or statutory marriage.

Under Nigerian law, if your marriage was statutory (done in marriage registry or a licensed church), bride price return does not dissolve the marriage. You are still legally married until the High Court grants a Decree Absolute.

I have seen people get remarried, thinking they were free only to be confronted with the allegations that they committed with bigamy, which carries up to 7 years imprisonment if proved.

Read this before you take a step that could ruin your future or land you in court:

Process of Divorce in Nigeria – Step-by-Step Guide for 2025. https://www.elawfirm.ng/process-of-divorce-in-nigeria-step-by-step-guide/


I wrote this article as a lawyer to explain: The legal difference between customary and statutory divorce
Why the bride price return is not enough if you are married under the Act and more

Do you think both the bride price return should be enough for divorce even after a church or court wedding? Let’s talk.


Ebelechukwu Aroh-Nwoka
Nigerian Family & Property Lawyer

Customary Marriage vs. Statutory Marriage: What Happens When You Do Both?

You did the wine-carrying.
Paid the bride price.
Danced in the compound.
Customary marriage? Done.

Then you went to the marriage registry months later or to a church licensed to celebrate marriage and signed the marriage certificate. Statutory marriage done and dusted too?

But legally, what does this double-decker marriage mean?

Here’s the truth, straight from the Supreme Court in Jadesimi v. Okotie-Eboh (1996) 2 NWLR (Pt. 429) 128:

If a couple first marries under customary law (which allows multiple wives), and later marries each other again under the Marriage Act,
that second marriage becomes monogamous by law and cancels the possibility of polygamy.

Let that sink in.

Once you remarry the same person under the Act, the law now sees you as monogamously married. Full stop.

👉No more second wives.
👉No running back to take another wife under customary law.
👉 Marry a second wife and go to jail.
👉Yes, bigamy is still an offence under our laws. Don't play!

Why does this matter?

Because in legal battles, especially over property, inheritance, or divorce, the type of marriage you did determines your rights.

Don’t assume. Be sure.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer.Let’s help you untangle the knot before the court does it for you.

So, did you remarry your spouse under the Act after a customary marriage? If yes, your marriage just became monogamous. Surprised?

#ebelechukwuarohnwoka #ebelechukwulawfirm #arohnwokaebelechukwu #familylawyer

“Daddy said he wrote a will. Now he’s gone… what next?”

This is a story I have heard too many times:

“My father told us he made a Will before he died. But now he’s gone, and we don’t know where to start. The land, the money, the house, everything is just hanging… Lawyer, what are we going to do?”

If this is your reality, you are not alone.
Here’s what you should do, step by step, to activate a Will in Nigeria and legally receive your inheritance:

1. Locate and lodge the Will at the Probate Registry
2. Apply for Will discovery & public reading
3. Executors file for Grant of Probate
4. The court issues the Grant after verifying all requirements
5. Executors recover assets and settle debts
6. Beneficiaries receive assets through a formal “deed of assent”, this is what legalises your ownership

Please note that until that deed of assent is signed and delivered, you are not yet the legal owner, even if your name is in the Will.

So if you purchased a property from a beneficiary of a will who is yet to be given a deed of assent by the executors, know that you may have successfully purchased litigation.

I am Ebelechukwu Aroh-Nwoka, a Nigerian family and property lawyer. I help families protect what matters, especially after loss

#FamilyLawyer #WillActivation #ProbateMatters #EbelechukwuLawFirm #LawWithEbele #EstateLaw #AnambraLawyer

That's a misconception. Statutory marriage is not automatic passport to have a share in your spouse's property. Before court will settle any property in her favour or make an order in her favour with respect to the personal properties of her hus, she MUST prove that she contributed to its acquisition. Some courts however have construed the contribution to mean only financial contribution, whereas others have considered none financial contribution like child care, home keeping etc. DThe beli

delpee:
Getting a share of the properties isn't automatic. Does she have proof of her contribution?

This is not just a story. It a real life case decided by the court of appeal- Madu Vs Madu. I merely attempted to simplify it in a manner that none lawyers can appreciate the principle of resulting trust espoused in the above-mentioned case.


Quote author=kuntash post=135620352] It's a nice learning and story, but do you have any documented link to this story?[/quote]

It is one thing to write a will, while it's another thing to have a valid will. The fact that you wrote a will does not mean that it cannot be successfully challenged if there are visible valid grounds for that. Estate planning is a very serious and technical aspect of the law, hence you need not toy with it. In Nigeria, we have various laws governing wills in various states. Their is no uniformity in this aspect of our law. So, to guard against successful challenge and seating aside of your will, always seek professional guidance.

ibechris:
I know two powerful men who both wrote their wills but becauseof too many children and women, they are still struggling to share his properties till date.

If there was no will,it could have resulted to infighting and betrayals among siblings.

A serious one at that.

I personally have no issues with the conditions. Most young men consider these young widows as cash cows. They use the marriage card to lure their victims and thereafter quickly move forward after recking irreparable loss. Most people often guard against such by placing such conditions.

Imagine if Chief Iwuanyanwu died without a will...

The whole country is talking about the conditions in Chief Emmanuel Iwuanyanwu’s will.But imagine this:

What if he never made a will at all?

Let’s face it, many Nigerians fear writing a will. Some believe it’s a bad omen.
Others keep postponing it for “when the time is right.” But death doesn’t send a memo.

That’s why many people die intestate, without a will.And when that happens, you no longer have a say.The law, and sometimes family chaos, takes over.

So, what would have happened if Chief Iwuanyanwu died intestate?

It depends on the kind of marriage he had:

If he contracted a customary marriage, then his estate would be distributed according to custom, and we all know customs can vary and cause serious family drama.

If he contracted a statutory marriage then the Administration of Estates of the deceased Law of the state applies.

And here’s what that law says in most states:

The wife gets 1/3 of the estate
The children share 2/3
No room for personal wishes
No gifts to charity, friends, staff, or causes you loved. No specific property direction, like “give this house to my daughter” or “support this foundation”

But with a will? You become the boss, even in death.You decide who gets what.You protect vulnerable loved ones.
You avoid family conflict.You leave a legacy, not confusion.

But here’s a legal twist most people don’t know: do you really have unlimited freedom to give your property to anyone you like in your will? Can you completely disinherit a spouse or child or a dependent?

Watch out for my next post, I’ll be unpacking the legal limits to testamentary freedom in Nigeria. You don’t want to miss it.

So let me ask: is it worth it for a married person to make a will?Drop your answer in the comments. Let's talk.

I’m Ebelechukwu Aroh-Nwoka, your family and property lawyer.I help Nigerians plan wisely, avoid inheritance drama, and protect what truly matters- your family and property.

Are You an Executor de son tort Without Knowing It?

In Nigeria, when someone dies, we often rush to:

Sell land to “settle burial expenses”

Share property based on custom

Or “just help the family” since you’re the eldest child, spouse, or trusted relative

But what if I told you the law sees you as an executor de son tort.

Who Is an Executor De Son Tort?

An executor de son tort is a person who was not lawfully appointed as executor or administrator of a deceased’s estate, but still takes action, like selling, managing, or interfering with estate property.

The Court of Appeal has made it clear:

Unoka v. Agili (2007) 11 NWLR (Pt. 1044) 122, CA:

“The slightest interference with the goods or property of the deceased is sufficient… and such a person is liable to be sued.”

Ruthlinz Interl Invest. Ltd. v. Ihebuzor (2016) 11 NWLR (Pt. 1524) 409, CA:

The court held that: “A person who intrudes into estate matters without lawful appointment can be treated as an executor de son tort.”

Being an executor de son tort makes you vulnerable to so many legal liabilities and the worst part is that properties sold could be set aside on grounds of lack of authorisation.

Many years ago a client bought land from a principal member of a family who is customarily entitled to inherit the property. Recently, a family member sued to set aside the sale, claiming there was no Letter of Administration, and their parents married under the Act.

We’re defending the transaction with: Laches and acquiescence, bona fide purchaser for value without notice and more as our defence.

But litigation is expensive. This stress was avoidable.

So, before you rush like a car with failed break to sell, share or deal with properties of a deceased relative who MARRIED UNDER THE ACT, make sure you have applied for and obtained letters of administration. Without letters of administration, you are on your own.

If there is a will, the will must be admitted to probate.

Obtaining letters of administration and admitting the will to probate is not the end of the story. If you are a beneficiary to the estate, before selling the gift given to you in the will or your inheritance rights where their is no will, ensure that the administrator or executor of the estate has activated those gift by giving you a deed of assent.

Without deed of assent, even the rightful heirs have no valid legal title.

Quick takeaway from these:

1. Before you touch or buy property from an estate:

1. If there is no will, ask for letters of administration, unless the deceased owner married under the customs.

2. If there’s a will, confirm it has been admitted to probate. A will is NOT document of title.

3. If a beneficiary wants to transfer property to you by way of sale or otherwise, ask for a deed of assent

4. If you are buying estate property, demand documentary proof. “My uncle said I can sell” is not law.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer.I help families and buyers protect what’s theirs, and avoid hidden traps in estate matters.

Shine your eyes. Whether it's rent, land, or shops, if it's from a deceased estate, ask for the papers or walk away.

#ExecutorDeSonTort #LettersOfAdministration #ProbateNigeria #DeedOfAssent #FamilyLawyerNigeria #PropertyLawyer #LawWithEbele #EbelechukwuLawFirm

Who Truly Deserves Support After Divorce in Nigeria? The Answer Will Surprise You.

"After all I sacrificed in that marriage… I thought the court would order him to support me. Instead, they dismissed my claim. Just like that."

Stories like this are more common than you think.

Most Nigerians assume that once a marriage ends especially when the woman is financially weaker, the court will automatically order maintenance or support. But here's the legal shocker:

Not everyone is entitled to maintenance after divorce or separation in Nigeria under the Matrimonial Causes Act.

If your marriage was under customary law, you may not have any right to spousal maintenance at all.

If the children were from a previous relationship, they might only get maintenance if they were treated as part of the household at the “relevant time.”

Even children above 21 years old are not automatically entitled , except under very specific conditions.

So who really qualifies for support after a marriage ends? I broke it down clearly here, using real cases: Read the full article: Entitlement to Maintenance Under Nigeria’s Matrimonial Causes Act-https://www.elawfirm.ng/entitlement-to-maintenance/

This post will open your eyes to:
Who can get maintenance under the law
Why your type of marriage matters
What the court considers before awarding support
The special case of children over 21


I’m Barr. Ebelechukwu Aroh-Nwoka, your family and property lawyer. Have you or someone you know ever been denied maintenance after divorce? Share your story, someone might learn from it.

Her Name Was on the Land Documents... But the Court Declared Her Husband The owner of The Land

She had the Certificate of Occupancy in her name.She believed the land in Abuja was hers.But when the marriage ended, the court said, “No, it belongs to him.”

This is not fiction. It happened in the real case of Madu v. Madu [2002] 13 NWLR (Pt. 783) 231.

Here’s what you should know:

Grace Madu and her husband had a customary marriage. She applied for land, and the allocation was made in her name. But when things fell apart and she took the matter to court, claiming the land as hers...

She lost. Why? Because the court discovered:

The husband paid for the land.

He processed the allocation.

He collected the certificate.

He developed the property and rented it out.

She couldn’t prove any financial contribution.

The court applied the principle of resulting trust (A resulting trust happens when one person pays for a property but puts it in another person’s name, and the law assumes it wasn’t a gift. So, the person holding the title is just keeping it in trust for the real owner.), saying the name on the Certificate of Occupancy doesn’t automatically mean ownership, especially when someone else bore the financial burden.

What You Must Learn from This:

1. Your name on the document doesn’t guarantee ownership.Equity may favor the person who paid, not the person named.

2. Always document your contributions.If you helped pay for a property, protect your interest legally. Don’t rely on love or promises.

3. Understand resulting trust.If you’re only the ‘name’ on the land, and not the person who paid, you may be holding it in trust.

Too many women lose everything when marriages fail. Not because they did anything wrong, but because they didn’t understand the legal consequences of ownership and documentation.

Don’t wait for heartbreak before protecting your rights.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer. I help you use the law to protect what matters most.

Friends, have you ever contributed to a property that wasn’t in your name? What happened? Share your experience, someone needs to learn from it.

NB:
This post is strictly for educational purposes and not a legal advice. For legal advice, kindly book a consultation.

#FamilyLaw #PropertyLaw #MaduVMadu #CofO #MarriageAndProperty #ResultingTrust #EbelechukwuLegal

DiasGodinHeaven:
Where is the video

I have shared what I have.

LEAKED S.£.X TAPE: Let’s Talk Law, Not Just Morals

The internet is boiling over the leaked s*x tape of an Anambra man and woman, who were allegedly married to other people. While opinions are flying everywhere, “They’re divorced!” “No, they’re still married!”, let’s assume they’re both still married for purposes of this discussion.

Now let’s face the real question: Is adultery a crime in Anambra State?

The answer is NO. Let me break it down:

What is adultery?

It’s when a married person has voluntary sexual intercourse with someone who is not their spouse.

But is it a CRIME? No.And here’s why:
A crime is an act made unlawful by a written law, punishable by fine or imprisonment.

In Anambra State, and the entire southern Nigeria, no written law criminalizes adultery.Shocking? Maybe.
Unjust? That’s debatable.But that’s the LAW.

So while adultery might be morally scandalous, it is not legally punishable as a crime in Anambra.

However, in some Northern Nigerian states where Sharia law applies, adultery is a criminal offence, and it carries heavy penalties.

Bottom line?Adultery is a fact if successfully proved could led to divorce but not for jail in Anambra State. Meanwhile, I have written a blog article on adultery and divorce. https://www.elawfirm.ng/adultery-and-divorce-in-nigeria/

So don’t be misled, morality is not always the same as legality.

What do you think? Should adultery be criminalized across Nigeria? Or should it remain a civil (and personal) matter?

Let’s talk in the comments.

I am Ebelechukwu Aroh-Nwoka, your family and property lawyer.

#ebeechukwulawfirm #familylaw #adultery