Key Features of Business Competition and Consumer Protection Law in Nigeria

Akintunde Esan (The Legal Adviser Online) 

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This edition of the Legal Illumination of Akintunde Esan (The Legal Adviser Online) is focused on the key features of the Federal Competition and Consumer Protection Act (FCCPA) which was enacted in 2018, for the purpose of promoting fair competition and protecting consumer rights in Nigeria.

Key  Features of the Federal Competition and Consumer Protection Act (FCCPA)

Establishment of Regulatory Bodies: 

The FCCPA established the Federal Competition and Consumer Protection Commission (FCCPC) and the Competition and Consumer Protection Tribunal (CCPT). These bodies are responsible for ensuring fair, efficient, and competitive markets in Nigeria.

Consumer Rights Protection: 

The FCCPA in order to ensure that, the Nigerian consumers have access to safe products and services created consumers' rights such as the right to be informed, the right to choose, the right to safety, and the right to be heard so as to protect consumers from unfair contracts, deception, misleading advertisements , defective products, and abusive practices.

Competition Regulation: 

The FCCPA aims to prevent anti-competitive practices such as monopolies, cartels, and abuse of dominant market positions. It promotes healthy competition to benefit consumers and the economy by prohibiting agreements that restrict trade and by regulating mergers and acquisitions.

Merger Control: 

The FCCPA includes provisions for the regulation of mergers and acquisitions to prevent market dominance that could harm competition.

Consumer Complaints and Redress: 

The FCCPA establishes a legal framework for consumers to lodge complaints against businesses and seek redress. The FCCPC is tasked with investigating complaints and resolving disputes.

Scope of Application: 

The FCCPA applies to all businesses operating in Nigeria, including foreign companies with operations in the country, ensuring comprehensive coverage of consumer protection and competition regulation.

Penalties and Enforcement: 

Violating the FCCPA in Nigeria can result in various penalties, depending on the nature and severity of the violation. These penalties are designed to deter anti-competitive behavior and protect consumer rights. The FCCPA outlines penalties for violations and provides mechanisms for enforcement, including the ability to conduct investigations and impose fines. Here are some key penalties:

Fines: 

Companies and individuals found guilty of anti-competitive practices or consumer rights violations can be fined. The amount varies based on the specific offense and its impact.

Imprisonment: 

In some cases, individuals responsible for severe violations may face imprisonment. The duration depends on the offense.

Compensation: 

Offenders may be required to compensate consumers or other affected parties for any losses or damages incurred due to the violation.

Cease and Desist Orders: 

The FCCPC can issue orders to stop certain practices or behaviors that violate the Act.

Revocation of Licenses: 

Businesses may have their licenses revoked or suspended if they are found to be in serious breach of the FCCPA.

Public Disclosure: 

The FCCPC can publicly disclose the names of companies and individuals who have violated the Act, which can harm their reputation.

Further Legal Illumination and Legal Advice

For further legal illumination or legal advice on business competition and consumer protection law in Nigeria you can contact Akintunde Esan (The Legal Adviser Online) on WhatsApp @ 08073828487 or Email @ akintundeesan@gmail.com 

Introduction of the New Withholding Tax Regulations in Nigeria

Naira Abuse: Court Strikes out Charge against Celebrity Bartender, Pascal Okechukwu (Cubana Chief Priest)

Naira Abuse: Court Strikes out Charge Against  Celebrity Bartender, Pascal Okechukwu (Cubana Chief Priest),, Orders Him to Pay N10m

The EFCC had arraigned Okechukwu on April 17, 2024 on a three-count charge of allegedly spraying and tampering with the Naira in the denomination of N500, while dancing at a social event in Eko Hotel in Lagos State in contravention of the provisions of Section 21(1) of the Central Bank Act of 2007. He had pleaded not guilty to the charge and was granted bail in the sum of N10 million.

On June 25, 2024 Justice Kehinde Ogundare of the Federal High Court in the Lagos Judicial Division struck out the Charge against him, over alleged abuse of the Naira . His Lordship struck out the Charge following the adoption of the Terms of Settlement between him and the Economic and Financial Crimes Commission (EFCC).In a short ruling, the Honourable  Court held that:

“Upon the Agreement of the Prosecution and the  Defence pursuant to the EFCC Establishment Act, the Agreement having been presented to the Court, this charge is hereby struck out as the Defendant is hereby cautioned.”

Meanwhile, a copy of the Terms of Settlement which was obtained by newsmen in Court provided as follows:

“The agreement applies only to the findings relating to contravention of the law contained in the pending charge preferred against the defendant.

“The defendant shall enter into a bond with the EFCC to be of good behaviour and never indulge in any Economic and Financial Crime or related offences.

“The Defendant shall engage in rigorous and intensive sensitisation and/or campaign against the abuse of coins and notes issued under the CBN Act as legal tender.

“The defendant shall bi-monthly post on his various social media handles a minimum of two video clips of his sensitisation/campaign against abuse of naira and sundry offences.

“The Defendant shall pay to the consolidated revenue fund of Federation such sum not below the sum of N10 million only upon the execution of this agreement,”

Source: This Day News Online

LIES, DECEITS AND HYPOCRISY

LIES, DECEITS AND HYPOCRISY 

By the time you have practised law for some time, the volume of lies, deceits and hypocrisy you would have encountered would not let 

you to be freaked anymore by lies, deceits and hypocrisy. 

A lot of the cases in Court are the fallouts of lies,  deceits and hypocrisy. 

SEEK for LEGAL ADVICE and GET a LAWYER to prepare your LEGAL DOCUMENTS as a precautionary measure against being a victim of lies, deceits and hypocrisy.

LEGAL ADVICE from AKINTUNDE ESAN,

THE LEGAL ADVISER ONLINE.

Whatsapp @ 08073828487

akintundeesan@gmail.com

The Most Civilised Sophisticated Dispute Resolution Device

Notwithstanding the bad eggs and the technicalities in the judicial system, the Judiciary is currently the most civilised sophisticated dispute resolution device, so far  invented at our current level of human intelligence, evolution and development.

Akintunde Esan

The Legal Adviser Online

WhatsApp 08073828487

akintundeesan@gmail.com 

PROBLEM SOLVING LEGAL ADVICE ONLINE

"Every battle is won before it is ever fought” – Sun Tzu. 

Seek for sound problem solving legal advice before starting or engaging in any land, divorce, child custody, property, employment,  inheritance, claims, breach of contracts disputes or any dispute at all.
#soundproblemsolvinglegaladvice#

SEVENTY ISSUES YOU WILL OR MAY NEED A LAWYER FOR IN NIGERIA

This edition of the Legal Illumination of Akintunde Esan known as the Legal Adviser Online is focused on the issues you will or may need legal advice, legal documentation or legal representation in Nigeria.

As a Legal Practitioner and Chartered Mediator of two decades of active and versatile legal practice experience and a digital legal services provider in Nigeria, I can authoritatively say that - be you an individual or a company or an organisation, an entrepreneur, a married person, a father or a mother, next of kin, a property owner or land lord or a tenant, an investor, a creditor or a debtor, a director or a shareholder, a contractor, a professional, an artisan, a content creator, an artiste, a politician, a service provider or a service receiver, an employer or an employee, a trustee, a benefactor or a beneficiary, a land vendor or a land purchaser  or anything or person that has legal rights in Nigeria - you will need  LEGAL ADVICE or LEGAL DOCUMENTATION or LEGAL REPRESENTATION one time or the other in your life time for at least one of the seventy (70) issues listed below:

1.  Judicial declaration or affirmation of legal rights.
2. Judicial interpretation of legal documents, agreements, deeds, Wills.
3. Nullification of a Will.
4. Nullify of an appointment or nomination
5. Divorce or dissolution of marriage
6. Application for Wife maintenance
7. Application for Child Custody
8. Application for Child Maintenance 
9.   Application for Child Adoption 
10. Payment of entitlement.
11. Judicial order of reinstatement
12. Nullification of report of Panel of Enquiry.
13. To compel the performance of a statutory or contractual or customary duty.
14. Order of interlocutory and perpetual injunction to restrain the continuous infringement of constitutional, statutory, customary and contractual rights.
15. Redress for breach of contracts, agreements, deeds, debentures, mortgages, powers of attorney, and memorandum of understanding.
16. Recovery of outstanding loans from debtors.
17. Recovery of debts for services provided and goods supplied.
18. Recovery of land and property from trespassers.
19. Redress for infringement of copyright, trademark and patent.
20. Redress for infringement of constitutional, statutory, customary and contractual rights.
21. Enforcement of constitutional, statutory and customary rights.
22. Performance of a contract.
23. Quality of service delivery.
24. Redress for defamation of character.
25. Redress for defamation of products or services.
26. Claim for compensation for personal injuries, damage to property and monetary loss and loss of property.
27.  Landlord and tenant related legal issues and disputes.
28. Arrears of rent.
29. Legal and Regulatory Compliance for Companies.
30. Registration with Government Agencies e.g. C.A.C, NAFDAC, NOTAP, etc.
31. Business or Company restructuring.
32. Incorporation and registration of various business undertakings and entities.
33. Application and procurement of permits, licenses and approvals required for doing business in Nigeria.
34. Filing of returns at the Corporate Affairs Commission.
35. Trade mark and patent registration.
36.  Due diligence and intelligence report on properties, companies and individuals.
37. Secretarial duties such taking of minutes of corporate meetings, drafting of resolutions, notice and agenda of meetings.
38. Negotiating of contract agreements and legal documents covering commercial transactions or property.
39. Drafting of contract agreements and legal documents covering commercial transactions or property.
40. Reviewing of agreements, legal, contractual, land and security documents.
41. Legal risk consulting or Legal risk auditing.
42. Personal or corporate Legal Adviser.
43. Perfection of legal, contractual, land and security documents.
44. Transactional disputes
45.  Equity Investment.
46.  Debt Financing.
47. Winding Up of Companies.
48. Receivership.
49. Project Financing.
50. Capital Market Transactions.
51. Mergers and Acquisitions.
52. Multi-Party Commercial Transactions.
53. Joint Venture Projects.
54. Oil and Gas Transactions.
55. Maritime Transactions.
56. Aviation related disputes.
57. Banking related disputes.
58. Insurance Claims.
59. Acquisition and disposal of properties.
60. Recovery of premises & property management.
61. Land Documentation.
62.  Land Registration.
63. Deed of Assignments, Deed of Gifts, Vesting Deed, Deed of Lease, etc.
64. Drafting and the reviewing of a Will.
65. Application for letter of administration and probate.
66. Tax related disputes
67.  Inheritance claims and counter claims.
68.  Succession plan, strategy, claims and disputes.
69.  Drafting and reviewing of Contract of employment and employer and employee disputes.
70. Negligence of duty

Please take note that, the services you may need a Lawyer for are not limited to the services listed above and you can contact Akintunde Esan (The Legal Adviser Online) for further legal illumination on legal advice, legal documentation and legal representation in Nigeria.

© 2024 Akintunde Esan, Esq. (The Legal Adviser Online)

Whatsapp and Phone No.  08073828487 Email: akintundeesan@gmail.com

Akintunde Esan is Managing Partner/Principal Consultant at Ase Olodumare Chambers, a Lagos based Law Firm engaged in the provisions of legal advice, legal documentation and legal representation to domestic and international clients in different areas of law. 

For more on Akintunde Esan’s Legal Illuminations: click or visit this link https://akintundeesan.blogspot.com

Akintunde Esan (The Legal Adviser Online)

GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA

You can also click the links below to view:

• CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA  

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA

• LEGAL TIPS FOR LAND PURCHASERS IN NIGERIA 

• THE STATUS OF THE PROPERTY JOINTLY OWNED BY A DECEASED SPOUSE AND THE SURVIVING SPOUSE IN NIGERIA

• TENANCY LAW: 12 THINGS EVERY LANDLORD AND TENANT IN LAGOS STATE SHOULD KNOW

• WHY IS GOVERNOR’S CONSENT NECESSARY FOR ALIENATION OF LAND IN NIGERIA

• WHO IS ENTITLED TO APPLY FOR LETTER OF ADMINISTRATION OF ESTATE IN NIGERIA 

• LAND LAW: LAND LITIGATION IN NIGERIA 

• HOW TO RECOVER MONEY OR ASSET LOST TO FRAUD IN NIGERIA 

• THE RELEVANCE OF A SURVEY PLAN IN LAND LITIGATION IN NIGERIA 

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA 

• 21 THINGS TO KNOW ABOUT A POWER OF ATTORNEY IN NIGERIA

• ILLUMINATIONS ON CERTIFICATE OF OCCUPANCY AND THE RIGHT OF OCCUPANCY IN NIGERIA  

• RE-SEALING OF THE PROBATE GRANTED OUTSIDE NIGERIA IN NIGERIA 

• CLAIMING DEATH BENEFITS OF A DECEASED EMPLOYEE IN NIGERIA 

GROUNDS FOR GRANTING DIVORCE 

IN COURT IN NIGERIA 

              A.  Introduction 

Divorce is the legal dissolution of a marriage and there are different perspectives to the grounds for dissolving a marriage such as the religious, cultural, jurisprudential, sociological, statutory, trendy, mystical and pragmatic perspectives. Take for instance in the Christian faith, adultery is the only recognised ground for divorce.

This edition of Akintunde Esan's legal illumination is focusing on the legal grounds for getting a divorce in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the grounds for the filing and processing of a divorce in Nigeria. 

B. Grounds for Divorce of a Customary Marriage

In Nigeria, couples have the choice of having a customary marriage or a statutory marriage. A customary marriage is a marriage contracted under the native law and custom of an ethnic community in Nigeria. A statutory marriage is a marriage contracted under the Marriage Act.  

There are no codified grounds for divorce under native laws in Nigeria, thus, a customary or traditional marriage can be divorced or dissolved on arbitrary grounds. 

The only authority in Nigeria that has the jurisdiction (power) to grant a divorce of a statutory marriage is the High Court, while the Customary Court has the jurisdiction to grant the divorce of a traditional  or customary marriage.

C. The Eight (8) Grounds for the Dissolution of a Statutory Marriage in Nigeria

By virtue of Section 15(1) of Matrimonial Causes Act, the High Court has the jurisdiction to make an order dissolving a statutory marriage only on the general ground that, the marriage has broken down irretrievably.

However, the High Court in coming to the conclusion whether a marriage has broken irretrievably is required to take into consideration the occurrence of one or more of the specific eight (8) grounds set out in sub-section (a) to (h) of Section 15 (2) of the Act. If the spouse seeking the divorce can prove the occurrence of one or more of these grounds, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law.  
 
In divorce case between LT. Col. Shehu Ibrahim (Rtd) v. Mercy Ibrahim (2006) LPELR-7670(CA) Ariwoola, J.C.A at P. 24, paras. C-G, illuminated on the issue of ground and grounds for divorce as follows: 

"The learned counsel contended that there is only one ground for the dissolution of marriage in our law. This with respect may not be totally correct, to say the least, as there are several grounds which the Matrimonial Causes Act refer to as "facts". (See; Sections 15(2) and 16(1), Matrimonial Causes Act.  

However, in Nigeria, a Court cannot dissolve a marriage or declare a marriage to have broken down unless one of the facts listed in Section 15(2) is established by the petitioner, even though it appears the marriage has broken down irretrievably." 

An occurrence of any of the following eight grounds or situations or facts in the eyes of the Matrimonial Causes Act is a conclusive proof that, a marriage has broken down irretrievably or generally and therefore ripe for divorce or dissolution:

Ground 1: Denial of Sexual Intercourse 

This is where a spouse has willfully and persistently refused to have sexual intercourse with an aggrieved spouse. Section 15(2)(a). 

Ground 2: Adultery and Intolerable Behaviours

This where a spouse has committed adultery and the offended spouse find it intolerable to live with the offending spouse. Section 15(2)(b). 

Ground 3: Unreasonable Behaviours

This where a spouse behaves in such a way that the aggrieved spouse cannot reasonably be expected to live with such a  spouse. Section 15(2)(c).

Section 16(1) set out the behaviors that can be said to be the ones that, a person cannot be reasonably expected to live with to include: 

a) Commission of sexual offences such as: committed rape, sodomy, or bestiality. 

b) Habitual drunkenness or drug addiction: for a period of not less than two years. 

c) Frequent convictions and imprisonment for crime. 

d) Habitually leaving a spouse without reasonable means of Support. 

e) Attempt to murder and assault spouse. 

f) Habitual and willful failure to provide court ordered or agreed support for two years. 

g) Insanity and unsoundness of mind 

Ground 4: Abandoning of Spouse

Where a spouse has abandoned or deserted the other spouse for a continuous period of at least one year . 

a) The types of desertion: 

i. Simple Desertion: the guilty spouse abandons the matrimonial home. 

ii. Constructive Desertion: The spouse who is in desertion is the spouse who by his or her conduct expels the other spouse and remains at home. 

b) The elements of desertion: 

i. Physical separation or defacto separation: This implies bringing co-habitation to an end by severing marital obligations; or 

ii. Intention to remain permanently separate or animus deserendi 

iii. Absence of the spouse’s consent. 

iv. Absence of any justification: There will be no desertion if the spouse who has withdrawn from cohabitation has a good reason for doing so. 

Ground 5: Living Apart for Two (2) Years

Where the parties to a marriage have lived apart for a continuous period of at least two years and one of the parties does not object to the marriage being dissolved. 

Ground 6: Living Apart for Three (3) Years

However, where the parties to a marriage have lived apart for a continuous period of at least three years, the consent of the other party is not required before such a marriage can be dissolved. Section 15(2)(e) and (f). 

References to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. 

Ground 7: Disobedience to Order of Restitution of Conjugal Rights 

Where a spouse for a period of not less than one year, failed to comply with a court order of restitution of conjugal rights. 

Ground 8: Spouse is missing for Seven (7) Years

Where a spouse is missing for such a long time or seven year in such circumstances as to provide reasonable ground for presume he or she is dead or has no reason to believe that the spouse is alive. 

If the spouse seeking for divorce can prove the occurrence of one or more of these eight grounds mentioned above, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law. 

D.  Conclusion

No reasonable man or woman will or would want to divorce his or her spouse, but human nature makes frictions inevitable and some frictions may degenerate or metamorphose into irreconcilable differences that make divorce not just inevitable but reasonable.

There are times when divorce is not a reasonable option considering your children, what you have mutually invested in the marriage and the signs that reconciliation is possible. However, when your marriage becomes injurious or poisonous to your children/child, health, life and destiny and it appears divorce is the only reasonable option.

There has been an increase in the reported cases of spouses killing each other in the news these days in Nigeria. These are times when divorce is becoming a reasonable option, considering the fact that “a living dog is better than a dead lion”.

Lawyers are undertakers of dead marriages, not ruling out the fact that, some dead marriages do resurrect like the dead body of Lazarus or the prophetic dry bones putting on flesh and rising again. However, marital resurrection is a miracle that happens by choice and not by chance.

If you are in a dilemma on divorce think about the finding of a study at the University of Harvard, which observed that, all the members of family suffering from a high level of conflict, for example where there is persistent abuse or alcoholism, benefit from divorce. However, those marriages with low level of conflict gain more by staying together, and the harm to the children is less than that caused by divorce.

CALL or CHAT with me if you need someone to confide in on your dilemma.

You can also CALL or CHAT with me for further legal illumination on resolving or seeking for a divorce.

Written by Akintunde Esan, Managing Partner/Principal Consultant @ Ase Olodumare Chambers Law Firm, Lagos Nigeria.

GROUNDS FOR GRANTING DIVORCE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)

Also click to view:

CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA

NOTICE ! NOTICE !! NOTICE !!!

You also advised to try Ase Olodumare Chambers Divorce Mediation if:

• you are seeking for an amicable and peaceful separation or divorce.

• you are contemplating filing for divorce or separation in Court.

• you are having issues on child custody. 

• you are not formally married but are seeking for amicable and peaceful severance of their marital relationships.

• For more information on Ase Olodumare Chambers Divorce Mediation Initiative click on: BREAKING NEWS ! DIVORCE MEDIATION IN NIGERIA  

LEGAL ISSUES ON JOINT OWNERSHIP OF PROPERTY BETWEEN HUSBAND AND WIFE IN NIGERIA

This legal illumination of Akintunde Esan[1] known as the Legal Adviser Online is on legal issues about marital property. A marital property is a property deemed to be jointly owned by a husband and a wife which their children or child has the right of inheritance over the property as a family property or parents’ property.

A matrimonial home is not necessarily a marital property. In order to ascertain whether a property is a marital property or not, consider the following legal issues[2] to avoid fighting a lost legal battle on a property:

1.The presumption of joint ownership of property exists between husband and wife, while    the marriage subsists, and that, the party that survives the other, inherits such property, and has power to administer it, the way he/she wants, this principle applies especially in statutory law marriages (or monogamous marriage)[i]

2.Most incidents of joint ownership of property between husband and wife occur where a  husband and wife contribute to purchase or to develop or to both purchase and develop a property.

3.The contribution may be financial or material, but it must be substantial and ascertainable.

4. Unless the spouse or child claiming contribution under a spouse is able to provide convincing proof of a direct and substantial contribution to the acquisition of the property, such spouse or child cannot claim joint ownership. This is particularly so where the property in question was purchased in individual name of the husband or wife.

5. In some other cases, a husband may purchase a property in the name of his wife or vice versa. In such circumstances, the law would presume an intention to gift the property. This is called presumption of advancement. Presumption of advancement can be rebutted by proving that no gift was intended.

6.  The mere fact that your mother was married to your father at the time a property was developed is not sufficient ground that the property belonged or devolves naturally on you without extrinsic evidence in support of such claims.

7. If you claim that, a property jointly belongs to your mother and father the burden is on you to provide evidence of joint financial or material contribution by both of them.

In case you seek for further legal illumination on legal issues on marital property in Nigeria, you can contact Akintunde Esan (The Legal Adviser Online) on phone or WhatsApp @ 08073828487 or email @ akintundeesan@gmail.com or @ ASE OLODUMARE CHAMBERS, Oshopey Plaza, 2nd Floor, Left Wing of Front Wing, No.17/19, Allen Avenue, Ikeja, Lagos State.

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[1] Akintunde Esan (known as the legal adviser online) is a Legal Practitioner/Legal Consultant/Chartered Mediator with two decades of litigation and transactional legal practice experience. He is the Managing Partner/Principal Consultant @ Ase Olodumare Chambers, a Lagos based litigation, property and transactional Law Firm.

[2] Per UMAR ,J.C.A in chibuzor & anor v. chibuzor (2018) LPELR-46305(CA)  (Pp. 27-29 paras. E)

[3] of Okere Vs Akaluka (2014) LPELR - 24287 (CA

© 2023  Akintunde Esan All Right Reserved

 

CONDITIONS FOR THE GRANT OF THE DIVORCE OF A MARRIAGE IN NIGERIA

This legal Illumination of Akintunde Esan[1] known as the Legal Advise Online is on the conditions for the grant of divorce or dissolution of a statutory marriage under the statutes regulating how to file for divorce of a statutory marriage in Nigeria known as the Marriage Act and the Matrimonial Causes Act.

A statutory marriage is a marriage which is contracted in accordance with the procedure provided under the Marriage Act and which can only be dissolved or annulled in accordance with the procedure prescribed under the Matrimonial Causes Act.

 

In Nigeria, it is only the High Court that, has the jurisdiction/authority to dissolve a statutory marriage which is usually contracted at a Marriage Registry or at a Church or any Religious Centre licensed to conduct a statutory marriage.[2]

 

The aggrieved spouse who wants the marriage dissolved is referred to as the Petitioner while the other spouse is referred to as the Respondent. The Petitioner is required to file a Court process known as the Petition for a Decree of Dissolution of Marriage on the ground that the marriage has broken down irretrievably.

The Court seized of the Petition for a Decree of Dissolution of a Marriage shall adjudge the marriage to have broken down irretrievably upon the Petitioner satisfying the High Court of one or more of the following conditions[3]:

1.That the Respondent has willfully and persistently refused to consummate the marriage; 

2.That since the marriage the Respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.

3. That since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with. 

4.That the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition;

 5.That the parties to the marriage have lived a part for a continuous period of at least two years, immediately preceding the presentation of the petition and the respondent does not object to a decree being granted;

6. That the parties to the marriage have lived apart for a continuance period of at least three years immediately preceding the presentation of the petition;

 7. That the other party to the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act;

8. That the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable grounds for presuming that he or she is dead.

In case you seek for further legal illumination on the conditions precedent for the High Court to grant or not to grant a decree for the dissolution of your marriage in Nigeria, you can contact Akintunde Esan (The Legal Adviser Online) on phone or WhatsApp @ 08073828487 or email @ akintundeesan@gmail.com or @ ASE OLODUMARE CHAMBERS, Oshopey Plaza, 2nd Floor, Left Wing of Front Wing, No.17/19, Allen Avenue, Ikeja, Lagos State.

 

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[1] Akintunde Esan (known as the legal adviser online) is a Legal Practitioner/Legal Consultant/Chartered Mediator with two decades of litigation and transactional legal practice experience. He is the Managing Partner/Principal Consultant @ Ase Olodumare Chambers, a Lagos based litigation and transactional Law Firm.

[2] Section 6 of the Marriage Act

[3] See section 15 (1) and (2) (a) - (h) of the Matrimonial Causes Act; Per Saulawa, J.C.A in Akinlolu v. Akinlolu (2019) LPELR-47416(CA), Pp. 25-26 paras. B

© 2023  Akintunde Esan All Right Reserved