Chairperson of the International Federation of Women Lawyers (FIDA), Rivers State branch, Barrister Adata Bio-Briggs, has said that adultery is not a criminal offence.
She however, said that a spouse can sue for adultery but must come with reliable evidence.
“Adultery is not a criminal offence. Only a spouse can sue for adultery. If the spouse condones the act, then it is finished. No action can be maintained. I have done my good deed for the day by sharing the above information. Please before you bring any matter that you want us to sue, please come with your reliable EVIDENCE,” she said in a Facebook post on Monday, August 14.
NOTE: We think that, for adultery in Nigeria, the fact and law represented above by Barrister Adata Bio-Briggs are in half measure. She ought to divide Nigeria to north and south. Northern Nigeria uses Penal Code while Southern Nigeria uses Criminal Code.
Adultery is a criminal offence under the Penal Code of Northern Nigeria. Section 387 and 388 stipulate imprisonment for two years, and/or with a fine for adultery.
Adultery is not a criminal offence under the Criminal Code of the Southern States of Nigeria. However, it provides for civil redress in damages if a spouse can prove that adultery occurred.