As of 2009, there has yet to be any further debate of introducing a measure that would allow for civil polygamous marriages to be recognized all over the entire country. Instead, the legislation plays out on a state-by-state basis rather than introducing a nationwide measure.
Read more about Discover Nigeria
Twelve out of the 36 Nigerian states recognize polygamous marriages as being equivalent to monogamous marriages. All twelve states are governed by Islamic Sharia Law. The States, which are in the northern region of Nigeria, include states Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara, allows for a man to take more than one wife.
Elsewhere, both Christians and traditionalists in polygamous unions are recognized by customary law. These unions are contingent upon the absence of prior civil marriage, as bigamy technically applies, but even when present, men are seldom ever prosecuted for bigamy in Nigeria
Practice
Zamfara State was the first to legislate polygamy, which occurred on January 7, 2000. Gombe State has been the most recent state to provide for civil polygamy, legalizing it on December 14, 2001.
As the southern region of Nigeria is composed of mostly Christians, polygamous marriages have not been legally introduced at this time. Attempts to introduce Sharia (thereby legalizing polygamy) have been made in Oyo State, Kwara State, Lagos State, and several others have remained unsuccessful. Polygamous unions are recognized by customary law in Nigeria, providing a handful of benefits for those in polygamous unions ranging from inheritance rights to child custody.
Dynamics
There are no requirements based on religion in the North, therefore Christians are legally allowed to form polygamous unions just as Muslims may do. Christian church leaders such as Archbishop Peter Akinola of the Anglican Church of Nigeria have condemned the practice of polygamy by Christians, with Akinola going on to write
“The observation [of polygamy] will destroy our witness if not firmly addressed. We cannot claim to be a Bible-believing church and yet be selective in our obedience.”
Reports of Nigerian Mormons practising polygamy have also surfaced.
Despite the four-wife limitation in Islam, there have been numerous indications that many Nigerians bypass this law, such as with Muhammadu Bello Masaba, an 84-year-old Islamic cleric who was accused of illegal marriage due to his exceeding number of spouses, in which he had 86 wives. The charges were later withdrawn by the Niger State Sharia commission, on conditions that Masaba is able to retain all of his spouses.
Sign up to the Connect Nigeria daily newsletter
On an opposite note, it was reported in April 2007 that a Nigerian lesbian, Aunty Maiduguri, married four women in an elaborate ceremony in Kano State. Since her union is not recognized by the government, Maiduguri and her partners were forced to go into hiding shortly after the ceremony to avoid the possible threat of being stoned if convicted for lesbianism, which results in capital punishment for married Muslim women or caning for single Muslim women in the earlier mentioned states under Sharia Law.
The legality of polygamy by state
After the adoption of Sharia Law in Zamfara State in early January 2000, Zamafara State became the first state in Nigeria to allow for legal recognition of polygamous marriage under civil law, as such is practicable under Sharia, which allows for a man to take up to four wives on the account that he treats them equally.
After Zamfara State established Sharia, numerous other states followed suit, thereby legalizing polygamy.
While the Government of Nigeria only recognizes a monogamous marriage under civil law, recognizing polygamous unions with similar benefits under customary law, states that impose Sharia are not affected by such and therefore can provide polygamy for their citizens.
Sources:
Wikipedia
Featured Image Source: The Sun NG
Got a suggestion? Contact us: editor@connectnigeria.com
