Tunde and Nkechi were married for 10 years, but their relationship had deteriorated.
Nkechi suspected Tunde of infidelity and filed for divorce, citing adultery as grounds. To prove adultery, Nkechi needed evidence.
The Marriage Matrimonial Causes Act (MMCA) and Matrimonial Causes Rules govern divorce proceedings in Nigeria. While adultery is a common ground for divorce, the MMCA doesn’t explicitly list adultery as a standalone ground.
However, Section 15(1)(c) of the MMCA states that a court may grant a divorce if:
“…the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.”
This provision is often interpreted to include intolerable behavior, which may encompass adultery.
Under the Matrimonial Causes Act 1979 (Section 15): Adultery is a ground for divorce if:
1. One party has committed adultery.
2. The other party finds it intolerable to live with them.”
In Nigerian courts:
Adultery has been considered intolerable behavior (e.g., Okonkwo v. Okonkwo, 2007).
The Supreme Court held that adultery constitutes “unreasonable behavior” (e.g., Njoku v. Njoku, 2010).
Despite this, some lawyers argue that adultery isn’t explicitly listed, making it uncertain thus, to prove adultery in any divorce case, the party alleging the adultery must:
1. Provide evidence of adultery.
2. Show how the adultery has made cohabitation intolerable.
3. Give direct evidence (e.g., eyewitness testimony).
4. Give circumstantial evidence (e.g., suspicious behavior).
5. Admission of guilt by the adulterer.
Sources:
1. Marriage Matrimonial Causes Act (1990) No. 36.
2. Matrimonial Causes Rules (1987).
3. Okonkwo v. Okonkwo (2007) 12 NWLR (Pt. 1048) 211.
4. Njoku v. Njoku (2010) 18 NWLR (Pt. 1225) 429.
