The court of Appeal has delivered a landmark judgement to the effect that a man’s marriage under the Marriage Act at the Marriage Registry does not vitiate his subsequent marriage under Islamic law and the wife together with the children can inherit him.
“In MOHAMMED & Ors V. Mohammed & Anor 2024 LPELR-62831, the Court of Appeal held that a Muslim man who marries under the Act is not prohibited from marrying other wives under Islamic law. That customary marriage mentioned in Administration of Estate Law and the Marriage Act is different from Islamic marriage.
The Court further held that marrying more than one wife is the constitutional right to religion of a Muslim man. And that him marrying under the Act does not take away his right for his property to be distributed under Islamic law. Women should know this.”
THIS IS SETTING A NEW PRECEDENT IN NIGERIA’S JUSRISPRUDENCE AND LEGAL SYSTEM AND A DEPARTURE FROM THE LAW THAT ONCE A MAN MARRIED UNDER THE ACT IT WILL VITIATE ALL SUBSEQUENT MARRIAGE UNLESS IT IS ANNULLED BY THE COURT.
