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Family Law Attorney|Over 16 Years in Legal Practice| Partner @ Jurismechnix Attorneys LLP|Passionate about helping families navigate legal challenges with compassion and expertise|Let's connect & make a positive impact together!đź’Ş

02/09/2026

Can a father refuse to take responsibility for his child because he never married the mother?

The answer is No.

Marriage and parenthood are two different things. The fact that a man never married the mother, or even refused to accept the pregnancy, does not automatically free him from his responsibility to the child once paternity is established.

The relationship between the parents may have ended, but that does not mean the responsibility towards the child ends with it.

In this episode, I explain what the law says and, more importantly, the justice behind it.

Because when adults have disagreements, the child should not be the one to suffer.

Watch, share and let someone else learn something from this episode of Justice in Plain English.

08/07/2026

Can the police arrest you because they can't find your husband?

Many Nigerians believe the answer is yes.

But that's not what the law says.

In this episode of Justice in Plain English, I explain:

✔️ Whether the police can lawfully arrest a spouse because they're looking for the other spouse.

✔️ What it means when the law says criminal responsibility is personal.

✔️ The exception to the rule.

✔️ And the justice behind the law.

Many people don't know their rights until they're faced with a situation like this. My goal with this series is to make Nigerian law easy to understand, one episode at a time.

Watch the video, share it with your family and friends, and tell me in the comments:

Have you ever witnessed or heard of someone being arrested because the police couldn't find their spouse or relative?

Justice in Plain English—explaining Nigerian law in a way everyone can understand.

01/07/2026

Welcome to Justice in Plain English.

A new weekly series where I simplify Nigerian law, one conversation at a time.

I hope you find it helpful. Feel free to share and suggest topics for future episodes.

Are you legally married?This is a question many people never actually pause to ask themselves, yet the answer carries ve...
03/05/2026

Are you legally married?

This is a question many people never actually pause to ask themselves, yet the answer carries very serious legal consequences in Nigeria.

In everyday life, it is very common to see couples living together, sharing a home, raising children, attending family events, and generally building a life that looks and feels like marriage. In some cases, they are even referred to socially as husband and wife.

However, under Nigerian law, cohabitation does not amount to a legally recognised marriage, regardless of how long the parties have lived together or how deeply their lives are intertwined. There is no legal principle that automatically converts cohabitation into marriage over time.

For a marriage to be legally valid in Nigeria, it must fall into one of the recognised categories:

1. Statutory Marriage (Marriage Act)
This is the formal legal marriage recognised by Nigerian law. It requires compliance with the Marriage Act, including proper solemnisation before a licensed place of worship or a marriage registry, and the issuance of a valid marriage certificate. Without these legal formalities, a statutory marriage does not exist.

2. Customary Marriage
This is recognised under the applicable native law and custom of the parties. While the specific requirements vary across ethnic groups, customary marriage generally involves essential customary rites such as family introduction, consent of families, payment and acceptance of bride price, and recognition under the relevant custom.

If these legal or customary requirements are not met, then regardless of appearances, the relationship remains cohabitation in the eyes of the law.

It is also important to understand that certain common assumptions do not create a legal marriage. These include:

Living together for several years

Having children together

Being publicly recognised as husband and wife

Sharing property or finances

Attending family events as a couple

While these may reflect a committed relationship, they do not substitute for legal validity.

The legal implications of this distinction are significant, particularly in areas such as inheritance, property rights, next-of-kin claims, and spousal entitlements. Many people only discover this gap in legal protection during moments of separation, illness, or death.

If you are in a long-term relationship, it is important to understand your actual legal status and take appropriate steps where necessary. These may include:

Ensuring a valid marriage under either statutory or customary law

Proper documentation of jointly acquired property

Making a valid Will

Executing Deeds of Gift where appropriate

Having clear legal arrangements regarding assets and succession

Marriage in law is not based on assumption, perception, or time. It is based on clear legal or customary requirements.

So again, the question is worth asking honestly:

Are you legally married?

-----
Bukola / NaijaFamilyLawyer

A recurring concern I encounter is this:“If I leave my marriage, can my husband use his money or influence to take my ch...
01/05/2026

A recurring concern I encounter is this:

“If I leave my marriage, can my husband use his money or influence to take my children away from me?”

This fear is common but it is important to address it from a strictly legal standpoint.

Under Nigerian law, custody of a child is not determined by wealth, status, or influence.
The overriding principle applied by the courts is the welfare and best interest of the child.

This principle is firmly established under the and has been consistently upheld in judicial decisions.

What does “best interest of the child” mean?

In determining custody, the court considers several factors, including:

*The emotional, physical, and educational needs of the child.

*The stability and suitability of each parent’s home environment.

*The conduct of the parents, including any history of violence or abuse.

*Who has been the primary caregiver of the child

The child’s age, health, and general welfare

In some cases, the wishes of the child (depending on age and maturity)

Financial capacity is relevant but it is not decisive.

A parent does not gain custody simply by having more money, greater social influence or etter connections

Can a parent use the police to take custody?

No.

A parent cannot lawfully remove a child from the other parent without due process.

Custody and guardianship are matters for the court. Any attempt to:

Intimidate, use law enforcement improperly, or bypass legal procedures can be challenged and remedied through the appropriate legal channels.

What is the proper legal process?

A party seeking custody must:

*Commence an action in court
*Present evidence supporting their claim
*Allow the court to evaluate both parents

The court may then make orders relating to:

*Custody (legal and/or physical)
*Access/visitation rights
*Maintenance and welfare of the child

How does abuse affect custody decisions?

Allegations or evidence of abuse are taken seriously.

Exposure of a child to:

Domestic violence, emotional or psychological harm or an unsafe environment is a material factor in determining what arrangement serves the child’s best interest.

The court is concerned not only with financial provision, but with the total well-being of the child.

The law is clear:

Custody is not awarded to the richest parent.
It is determined by what best protects and promotes the child’s welfare.

While concerns about influence or power may exist in reality, they do not override the legal principles governing custody.

Final note

Anyone in this situation should seek proper legal advice early, document relevant facts, and take informed steps.

Decisions made from a place of fear can be limiting, however, decisions made with accurate legal knowledge are far more empowering.

Seek the right counsel always.








The 5-Year Rule That Does Not ExistSomewhere right now, there is a woman who has spent five, seven, ten years building a...
29/04/2026

The 5-Year Rule That Does Not Exist

Somewhere right now, there is a woman who has spent five, seven, ten years building a home with a man she is not legally married to.

And somewhere in her heart, she is holding on to a quiet belief that the law will protect her simply because of how long she has stayed.

I need to say this as gently as I can because I have held the hands of women who found out too late, and the grief was immeasurable.

There is no “5-year rule” that turns a long relationship into a legal marriage in Nigeria.

Cohabitation, no matter how many years, does not give you the rights of a spouse. Not automatically. Not by time. Not by the number of children you have. Not by how many family events you attended.

And please understand, I am not saying this to frighten you. I am saying it because I have seen what happens when someone assumes they are covered by law, only to discover during a crisis, death, separation, illness that they had no legal standing at all.

This post is not to judge your relationship. It is to arm you with quiet wisdom.

If you have built a life with someone outside of a legal marriage, there are still ways to protect yourself and your children. A Will. A Deed of Gift. A clear property agreement. Meaningful next-of-kin arrangements that go beyond filling a bank form.

You deserve safety.
You deserve to be seen by the law.
And the love you have given does not have to leave you legally invisible.

Please save this. Not out of fear. Out of quiet, powerful readiness.

With so much tenderness,
Bukola / Naijafamilylawyer❤

Bride price is not a receipt of ownership, It’s a symbol of honour, not a chain. If you’ve been told you must stay in a ...
27/04/2026

Bride price is not a receipt of ownership, It’s a symbol of honour, not a chain. If you’ve been told you must stay in a harmful marriage because it was paid or must refund it to leave know that the law says otherwise. Your dignity, safety and freedom are non-negotiable.

Save this. Share it. Someone needs to hear it today.

❤️

Did you know that saying “I forgive you” can actually affect your ability to rely on adultery in a divorce case in Niger...
23/04/2026

Did you know that saying “I forgive you” can actually affect your ability to rely on adultery in a divorce case in Nigeria? 🤔

Yes. You read that right.

Here’s the scenario we see too often:
You catch your spouse cheating.
You are hurt. You cry. You pray. You decide to try again “for the sake of the family.” You move back into the bedroom. Life continues.

Then it happens again.

Or maybe the trust simply never returns.
Now you want OUT.

But the court says:
“Sorry. You cannot rely on that old adultery.”
Why? Because you condoned it.

So what exactly is Condonation?
Under Nigerian law (the Matrimonial Causes Act), condonation happens when:
*You have FULL knowledge of the adultery
*You forgive your spouse — either expressly or by conduct
*You RESTORE the marital relationship (you continue living together as husband and wife)

Once those three elements are present, that particular act of adultery is treated in law as forgiven and “wiped clean.”

It can no longer be relied upon as a ground for dissolution of marriage.

But here is the good news

Condonation is not absolute. It is conditional.
If the spouse commits adultery again, the law allows the earlier offence to be revived.

This means you can rely on:
The previous act, and the new act as part of your case.

The law, in effect, gives a second chance but it does not erase patterns of repeated misconduct.

My Advice If You Are In This Situation

*ACT EARLY
If you know you cannot truly forgive, do not delay in seeking legal advice. Continued cohabitation after discovery may later be interpreted as condonation.

*BE CAREFUL WITH YOUR WORDS
Messages like “I forgive you, let’s move on” can become important evidence in court. Always be mindful of what you put in writing.

*SPEAK TO A LAWYER BEFORE DECIDING
Do not make emotional or rushed decisions about staying or leaving without understanding the legal consequences. What feels like a private relationship decision today may become critical evidence tomorrow.

Bottom Line:
The law does not only consider what your spouse did, it places significant weight on what you did after you found out.

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Thursday 09:00 - 17:00
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