October 24, 2025

ADULTERY IN NIGERIA: ULTIMATE THINGS YOU NEED TO KNOW

by Ekosolicitors

Adultery simply means voluntary sexual intercourse between a married person and someone who isn’t their spouse. It is generally considered reprehensible on social, religious, and moral grounds. Adultery in Nigeria remains a sensitive and complex issue. It lies at the intersection of religion, morality, and law. How the law treats adultery varies across regions. It depends on personal laws and the legal system in force.

LEGAL FRAMEWORK FOR ADULTERY IN NIGERIA

Nigeria operates a plural legal system, so the laws on adultery are far from uniform. Different regions in Nigeria operate distinct legal systems. Each system prescribes its own standards and consequences for adultery..

Under statutory law, Southern states do not recognise adultery as a criminal offence. In Aoko v Fagbemi, the court confirmed this, holding that adultery, though morally wrong, is not punishable under the Criminal Code.

However, Section 15(2)(b) of the Matrimonial Causes Act recognizes adultery as a valid ground for divorce. On the contrary, adultery is a serious criminal offence in northern Nigeria, where Sharia law applies to muslims. Sections 387 and 388 of the Penal Code stipulate a punishment of up to two years imprisonment and or a fine.

ADULTERY AS A GROUND FOR DIVORCE

Under the Matrimonial Causes Act, adultery is recognised as a valid ground for the dissolution of a marriage. The court will grant a dissolution when it finds that the adulterous conduct makes it unreasonable for the petitioner to keep living with the respondent. The element of free will is fundamental to the commission of adultery. Furthermore, the Act requires that adultery must be proved to the reasonable satisfaction of the court. To achieve this, the evidence presented must be such that would lead a reasonable person to conclude that adultery was indeed committed.

EVIDENCE TO PROVE ADULTERY IN NIGERIA

Producing direct evidence in adultery cases is almost always impossible; therefore, adultery is most often inferred from surrounding circumstances. Circumstantial evidence does not directly establish the fact in issue but instead allows the court to infer its existence through logical reasoning and surrounding circumstances. Some common forms of circumstantial evidence include familiarity — where one observes an unusual level of intimacy between the respondent and a third party. It must also be shown that there was an opportunity to commit adultery.

The birth of a child under conclusive circumstances of separation may also serve as a strong indicator of adultery. Similarly, the presence of a venereal disease in one spouse, which could not have been contracted from the other, provides strong circumstantial proof of sexual relations with someone else.

Another relevant circumstance is general cohabitation, which involves evidence that the respondent has been living with or spending significant time privately with another person. An oral or written confession serves as important circumstantial evidence because it directly supports the allegation of guilt. Usually, courts require confessions to be corroborated. However, no rule of law prevents a court from accepting uncorroborated evidence.

Finally, the competence of witnesses is critical, and it is immaterial that the witness denied the adultery or attempted to rebut the evidence of adultery. Together, these forms of circumstantial evidence enable the court to reach a reasoned conclusion that adultery has been committed, even in the absence of direct proof.

DAMAGES FOR ADULTERY IN NIGERIA

Section 31 of the Matrimonial Causes Act provides damages for adultery in divorce cases. It provides that a spouse may claim damages from a third party who committed adultery with their partner when petitioning for dissolution of marriage.

However, the court will not award damages if a spouse condoned the adultery. It does not grant a decree on that ground, or if the act occurred more than three years before the petition. The court also has discretion in determining how the damages are paid or applied. It may direct that they benefit the respondent or the children of the marriage.

CONCLUSION

Adultery in Nigeria underscores the plural nature of the Nigerian legal system, thus the varying degrees of seriousness. It has a unique position as different legal frameworks approach the issue from distinct moral and cultural perspectives. The law also allows a spouse to claim damages against a third party involved in the adulterous act, subject to certain conditions. Ultimately, this diversity reflects Nigeria’s complex interplay of law, morality, and tradition in addressing marital misconduct. It also shows an effort to balance moral accountability.