A man was recently arraigned in Lagos for marrying a second wife and it came as a shock to many.
The news reported that on Wednesday a man by the name of Edmund Uzoma was arraigned before the Yaba Magistrates’ Court, Lagos State, for alleged bigamy.
According to the prosecutor’s charge sheet, Mr Uzoma, while having a living wife, contracted another marriage with another lady by the name of Sophia Yongxian, at the Ikoyi marriage registry.
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In Nigeria and most other countries of the world practising “one man, one woman marriage” (monogamy), a man is only allowed to marry one wife and can only marry another wife if the first wife is dead or they have legally dissolved the marriage between them through the divorce process and Vice versa. If a woman or a man marries another partner while the other marriage is still subsisting or the other partner is still alive, then that person has committed a crime known as bigamy.
A marriage contracted under traditional or religious rites that support marrying more than one partner is not subjected to this law. If a man marries his first wife under the African traditional rites which support polygamy, that man is permitted to marry as many wives subsequently as he can afford to. So also, a man who is a Muslim that marries his wife under Islamic religious law is permitted to marry as many wives as he can afford subsequently because Islam as a religion supports the marriage of numerous wives.
Once a man has legalized his marriage through the English institution i.e going to the marriage registry to legalize a marriage he contracted through traditional or religious rites, that marriage will then be subjected to English laws; it is only that marriage that will be recognized in law and every other succeeding marriage can be held to be null and void.
Nigerian men should know that marrying a second wife after you have legally married the first wife is a crime and ignorance of the law is never an excuse. If you so much want to marry another wife after legally marrying the first wife, make sure that the first marriage has been legally dissolved by a court of competent jurisdiction through a divorce. Even if you are separated, or have been living apart for so many years; until the marriage becomes legally dissolved you dare not marry another person if not you will be committing a crime known as bigamy.
This crime of bigamy was provided for in S. 370 of the Criminal code act and it read thus; “Any person who, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, is guilty of a felony and is liable to imprisonment for seven years”.
Bigamy carries the punishment of seven years imprisonment so Mr Edmund Uzoma if found guilty may be sentenced to seven years of jail term.
Sir,
What if I marry first wife under statutory law, would it be a crime to marry other wives under custom/tradition?
I also need an answer to this
Can a man who marries two wives traditionally turns around to contract statutory marriage with the second wife while the the wife is still alive?
Can a man who marries two wives traditionally turns around to contract statutory marriage with the second wife while the first wife is still alive?
Bottomline for those who might consider marrying a second or third wife in future, make sure you don’t take the first wife to the registry or a church (e.g. Catholic) thereby legalizing the marriage in the eyes of the law. The traditional marriage is just enough.
Can the second wife who was married legally remarry after finding out her husband married two women legally or she has to divorce the man first