Judiciary
A Lagos-based constitutional lawyer, Mr Spurgeon Ataene, on Monday blamed the offence of bigamy in the society on the lack of enforcement of penalties on offenders.
The News Agency of Nigeria (NAN) reports that bigamy is the offence of contracting a marriage with another woman while the man is in a subsisting marriage with another woman.
Ataene told NAN in Lagos that “although the penal laws of Nigeria were aptly drafted to provide adequate penalties for such offences, the problem, however, stems from enforcement of these penal provisions”.
According to him, the offence of bigamy is almost becoming an academic exercise in Nigeria, as its penal provisions are almost becoming extinct.
“The offence of bigamy is now within the realms of academic exercise. Infact, the closest was the Princewill case in the entire jurisdiction.
“Section 370 of the Criminal Code provides that 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.
“Now, even the provisions of section 370 of the Criminal Code is gradually being phased out,” he said
According to Ataene, the dilemma we find ourselves in the country is that though the law frowns at the offence of bigamy, there is the absence of modalities to drive lawful compliance.
“The law frowns at the offence of bigamy and no one can justify its disobedience, but the point must be made that proactive steps are not being taken to ensure compliance
“To that extent, the efficacy of these laws are questioned.
“You find people who are already married, marrying again almost on a daily basis in our society, without first dissolving the previous marriage.
“This is the dilemma we find ourselves, yet, we have sufficient legislation dealing with offences of this nature.
“So, what is the essence of the law without insisting on the appropriate sanctions,” he said
Ataene, however, added that where this enforcement failed, it was only instructive that mutual respect became the key to ensuring survival of a union.
“In the absence of adequate enforcement of these provisions, my take is that every man or woman should be content with a wife or husband as the case may be.
“Mutual respect should be the key to the survival of any marriage. It, therefore, behooves every individual to imbibe discipline to avoid this pitfall,” he said. (NAN)
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Tags: Penal laws Spurgeon Ataene
