The President of the African Women Lawyers Association (AWLA), Mrs Amanda Demechi-Asagba, has98 described bigamy as a serious criminal offense under Nigerian law, warning that weak enforcement has allowed the practice to become increasingly common.
Speaking in an interview with the News Agency of Nigeria (NAN) on Wednesday in Lagos, Demechi-Asagba said although the law clearly criminalizes bigamy, poor enforcement has reduced it to what she described as “a crime only on paper.”
She explained that bigamy goes beyond matrimonial disputes and constitutes a criminal offense under Nigerian statutes.
“Bigamy occurs when a person who is legally married contracts another marriage while the first marriage is still valid.
“The second marriage is legally void, but participating in that marriage ceremony constitutes the criminal offense,” she said.
According to her, both the Criminal Code and the Penal Code prescribe penalties for the offense.
She cited Section 370 of the Criminal Code, applicable in Southern Nigeria, and Section 361 of the Penal Code, applicable in Northern Nigeria, which provide for up to seven years’ imprisonment for anyone who contracts another marriage while a lawful spouse is still living.
She added that the Marriage Act, Cap M6, Laws of the Federation of Nigeria (LFN) 2004, also prohibits anyone in a subsisting statutory marriage from entering another statutory marriage.
Despite these provisions, Demechi-Asagba said enforcement remains weak due to several social and legal challenges.
She identified entrenched patriarchal norms as one of the biggest obstacles, noting that many women are discouraged from taking legal action against spouses who commit bigamy.
“In many communities, marriage is regarded as sacred, and women who institute criminal or civil proceedings against their husbands often face social stigma,” she said.
The AWLA president also blamed low public awareness, financial constraints and complex legal processes for the low rate of prosecution.
According to her, many women are unaware of their legal rights or lack the resources to pursue justice.
She further pointed to Nigeria’s plural legal system, which recognizes statutory, customary and Islamic laws, as another source of confusion.
While statutory marriages under the Marriage Act are strictly monogamous, she explained that customary law permits polygamy, leading many people to wrongly assume they can contract additional customary marriages even after entering a statutory union.
Demechi-Asagba said the misconception has encouraged some individuals in statutory marriages to take additional wives under customary law with little fear of prosecution.
She warned that the disconnect between existing laws and their enforcement has weakened the deterrent effect of Nigeria’s anti-bigamy provisions.
, Mrs Amanda Demechi-Asagba, has98 described bigamy as a serious criminal offense under Nigerian law, warning that weak enforcement has allowed the practice to become increasingly common.){kind=link}