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Family Law
Legal Implications of Statutory Marriage in Nigeria and the Impact of Mohammed v. Mohammed
Statutory marriage in Nigeria, governed by the Marriage Act, Matrimonial Causes Act (MCA) 1970, and Matrimonial Causes Rules (MCR) 1983, is strictly defined as a monogamous union between one man and one woman to the exclusion of all others. Entering a statutory marriage confers specific legal protections, invalidates subsequent marriages, imposes strict dissolution preconditions, and governs estate administration under common law principles. However, the Court of Appeal decision in Mohammed v. Mohammed (2022) introduces nuance regarding Islamic succession and polygamy rights for Muslim individuals.
Josephine Ezireno Idele
24 Sept 2026
2 min read
Under the Marriage Act, contracting a second marriage while a statutory marriage subsists constitutes bigamy. The statutory framework operates on a strict monogamous model.
Consequently, legal commentators (such as S.A. Giwa, 2021) maintains that a Muslim man who contracts a statutory marriage as his first union must legally dissolve that marriage under the MCA before contracting any subsequent union under Islamic law (Nikkah).
Judicial Shift: Mohammed v. Mohammed (2022)
In Mohammed v. Mohammed (Appeal No. KWS/SCA/CV/AP/IL/14/2022), the Court of Appeal addressed a scenario where a deceased Muslim, initially married to a Christian under the Marriage Act, subsequently married three additional wives under Islamic law.
Succession and Personal Law:
The Court held that the estate of a person who lived and died as a Muslim should be governed by Islamic law rather than the Administration of Estates Law, notwithstanding an earlier statutory marriage.
Constitutional Rights:
The Court reaffirmed the constitutional right of Muslims to marry multiple wives, observing that a statutory marriage does not invalidate Islamic estate distribution principles.
Legal Analysis & Practical Distinction
- Inheritance vs. Validity of Marriage: The ratio decidendi in Mohammed v. Mohammed primarily settles choice-of-law issues regarding estate distribution. It did not directly address or invalidate the criminal or civil prohibitions against bigamy under the Marriage Act.
- Absence of Supreme Court Precedent: No Supreme Court decision has definitively ruled that a statutory marriage automatically transforms into a polygamist union merely because one spouse is Muslim.
Conclusion & Recommendation
While Mohammed v. Mohammed signals a judicial preference for applying personal/Islamic law to succession matters for deceased Muslims, the statutory prohibition against contracting a second marriage during an active statutory marriage remains extant on the face of the Marriage Act. Parties navigating mixed statutory and Islamic arrangements should proceed cautiously, as estate devolution and marital validity remain governed by distinct legal standards until resolved by the Supreme Court.
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