For Filipino lawyers, in-house counsel, and OFWs dealing with cross-border family law questions involving Nigeria, this article explains how bigamy is treated under Nigerian law, how it differs from Philippine rules, and what to watch for in practice.

1) Why Nigeria looks different from the Philippines

Philippines: Only monogamous marriage is recognized. Bigamy is a felony under Article 349 of the Revised Penal Code (RPC). The Family Code allows no polygamy, and criminal liability generally turns on (a) a valid first marriage and (b) contracting a second marriage before the first is dissolved or annulled.

Nigeria: Marriage law is pluralist. There are three parallel systems:

Statutory marriage (monogamous) under the federal Marriage Act and state High Court rules.
Customary marriage (potentially polygynous) under local customary law.
Islamic (Sharia) marriage (polygynous, in states that apply Sharia to personal status).

Key consequence: “Bigamy” in Nigeria is principally an offense against the monogamous statutory regime. A person married under the Marriage Act is generally barred from taking another spouse—whether by another statutory ceremony or, in many settings, by customary/Islamic rites—while that first statutory marriage subsists. By contrast, a person married only under customary or Islamic law may, subject to local rules, take additional wives within that system without committing statutory bigamy—provided they do not purport to celebrate a monogamous statutory marriage while still tied by a customary/Islamic marriage (and vice-versa, depending on local law).

2) Sources of Nigerian bigamy rules (plain-English map)

Marriage Act (federal): Defines the monogamous form of marriage; sets out notice, licence, and registration formalities; and presupposes exclusivity. It also includes registrar and officiant offenses (e.g., knowingly celebrating an unlawful marriage).
Criminal Code (many southern states): Often contains the bigamy offense (commonly described as marrying while already married), treated as a felony.
Penal Code / Sharia-based personal law (many northern states): Personal status recognizes polygyny under Islamic law. Bigamy in the statutory sense usually arises only when a party crosses into the statutory system while a non-statutory marriage subsists, or when a statutory marriage exists and a party attempts another monogamous/statutory union.
Case law (state and federal appellate courts): Clarifies interactions between systems: e.g., when a prior customary or Islamic union bars a later statutory ceremony, how to prove subsistence of a marriage, what counts as a void vs. voidable union, and what level of knowledge/intent is required.

Practitioner note (PH audience): Unlike the Philippines—where the Family Code is unitary—state-by-state criminal codes and personal-law diversity in Nigeria mean you must identify where the ceremony occurred, what kind of ceremony it was, and which criminal code applies.

3) Elements of the offense (typical pattern across Criminal Code jurisdictions)

While phrasing varies by state, prosecutors generally need to show:

A first valid marriage (usually statutory/monogamous).
A second marriage ceremony (often statutory; in some jurisdictions, a second non-statutory ceremony can also trigger liability if it purports to be a marriage in law against the exclusivity of the first).
Subsistence of the first marriage at the time of the second ceremony (no valid divorce, annulment, or dissolution).
Jurisdictional nexus (the second ceremony or essential conduct occurred within the state).

What counts as a “marriage”?

A statutory marriage requires formalities (notice, licence/registrar, authorized officiant, witnesses, registration).
A customary marriage requires customary rites (which differ by community, often including consent of families, bride-price, and cohabitation).
An Islamic marriage requires offer and acceptance (ijāb-qabūl), presence of guardian or wali (as required), witnesses, and mahr; registration may be customary/local.

If the second “marriage” fails its own formal validity, some courts treat there as being no second marriage—undercutting bigamy—unless the statute criminalizes the attempt or purported marriage.

4) Defenses and exculpatory grounds recognized in Nigerian jurisprudence

Exact contours vary by state and court, but these are the recurring themes Nigerian courts examine. Always verify the applicable local code and decisions.

First marriage void ab initio
- If the first union was never valid (e.g., fundamental defects in capacity, prohibited degree without dispensation where required, sham officiant, or total absence of essential rites), there is no subsisting marriage, defeating bigamy.
Valid dissolution before the second ceremony
- A final divorce decree or recognized customary/Islamic dissolution (properly effected and, where required, recognized/registered) before the second marriage negates liability. Timing and proof are crucial.
Presumption of death after long absence
- Many Criminal Code traditions recognize a defense where the first spouse has been absent for a defined period (commonly seven years) and is reasonably believed dead, provided the accused honestly and reasonably held that belief before the second marriage.
Reasonable mistake of fact (not law)
- If the accused reasonably but mistakenly believed a fact that, if true, would make the second marriage lawful (e.g., a divorce decree was final; the first marriage had been dissolved by the competent forum; the first spouse was dead), courts may acquit. A mistaken view of the law (e.g., “I thought customary marriage doesn’t count”) ordinarily does not excuse.
Second union not a “marriage” in law
- If the second ceremony fails essential formalities, or is merely cohabitation without rites, prosecutors may be unable to prove the “marriage” element. (Beware: some codes punish knowingly going through a form of marriage while married, even if void.)
Jurisdictional defects / procedural safeguards
- Defects in charge framing, proof of subsistence, or proof of celebration often decide cases. Certified copies of registers/certificates and testimony of officiants/witnesses are commonly in play.

5) Penalties and collateral consequences

Imprisonment: Under many Criminal Code formulations, bigamy is a felony punishable by a term that often reaches up to seven years. (Exact maxima and whether fines are available depend on the state code.)
Ancillary registrar/officiant offenses: Knowingly celebrating or registering an unlawful marriage can carry separate penalties.
Nullity: The second marriage is void where a monogamous statutory marriage already subsists.
Status, succession, and property: A void marriage affects intestate succession, pensions/benefits, immigration eligibility, and spousal claims. Under customary/Islamic law, additional wives may be recognized for personal-law purposes if validly married within that system; but they won’t convert an existing statutory marriage into a polygynous one.

6) Proof issues (how cases are actually won or lost)

Documentary proof: Certified marriage certificates (statutory), register entries, or customary/Islamic proofs (e.g., community leaders’ attestations, nikāh documentation).
Witnesses: Officiants, registrars, family elders, or witnesses to rites.
Subsistence: Certified decrees absolute (divorce), proof of customary repudiation or Islamic talaq/khulʿ (done according to law and, where required, recorded).
Identity & continuity: That the same parties to the first marriage are those contracting the second; watch for name variations and transliteration.
Venue: That the second ceremony took place within the charging jurisdiction.

7) Practical cross-border questions for Filipinos

A) Can the Philippines prosecute bigamy committed in Nigeria?

Generally no. Philippine criminal law is territorial; bigamy committed wholly abroad is ordinarily outside Philippine criminal jurisdiction (absent special extraterritorial rules, which do not cover bigamy). However, Philippine civil status determinations (e.g., PSA records, nullity actions) can still be litigated in the Philippines.

B) Will the Philippines recognize a Nigerian marriage?

Yes, if valid where celebrated. The Philippines follows lex loci celebrationis for formal validity. A marriage valid under Nigerian law (statutory, customary, or Islamic) is generally recognized for status—except where it violates Philippine strong public policy (e.g., polygyny).
A customary/Islamic polygynous marriage valid in Nigeria may pose limits in the Philippines (e.g., no Philippine criminal liability for the Nigerian act, but no recognition of a second spouse for Philippine marital rights).

C) Filipino spouse + Nigerian spouse: what if the Nigerian spouse has multiple wives under Islamic/customary law?

For Philippine proceedings (succession in PH, marital property, benefits), only one spouse is recognized within the Philippine monogamous framework. Others may be unrecognized for Philippine domestic effects.
For Nigerian proceedings, the additional wives can be recognized if validly married within their system.

D) Divorce and Article 26(2) Family Code

If the Nigerian spouse (a foreigner) obtains a valid foreign divorce, Article 26(2) allows the Filipino spouse to remarry in the Philippines—after proper judicial recognition of the foreign judgment.
If the Filipino spouse alone obtains a divorce abroad (with both parties Filipino), it does not enable remarriage in the Philippines.

8) Nigerian case-law themes (what courts repeatedly emphasize)

Even without naming particular reports, Nigerian appellate reasoning regularly addresses:

System-crossing: A prior customary/Islamic union can bar a later statutory marriage unless the prior union was validly dissolved or converted (where permitted).
Formality matters: Failure to prove the formal validity of the second ceremony negates bigamy.
Honest belief defenses: Courts scrutinize whether an honest and reasonable belief (e.g., spouse presumed dead) existed before the second ceremony.
Proof of subsistence: Prosecution must establish that the first marriage still existed—mere separation is not dissolution.
Registrar/officiant liability: Knowledge of invalidity can lead to convictions separate from, or in addition to, the parties.

9) Comparison table: Nigeria vs. Philippines (quick reference)

Topic	Nigeria	Philippines
Legal systems	Plural (statutory, customary, Islamic)	Unitary (secular monogamy)
Polygyny	Recognized under customary/Islamic law	Prohibited
Bigamy offense	Primarily under Criminal Code (statutory regime)	RPC Art. 349
Elements (core)	Valid first marriage + second ceremony while first subsists	Same
Defenses	Void first marriage; prior dissolution; presumption of death; mistake of fact	Similar; S.C. jurisprudence stresses void-ab-initio first marriage and finality of divorce timing
Penalty (typical)	Felony; imprisonment (often up to 7 years, varying by state)	Prisión mayor (6 yrs 1 day to 12 yrs)
Recognition of Nigerian polygynous unions in PH	Status may be recognized for limited purposes, but no Philippine marital effects for additional spouses	N/A

10) Compliance checklist (for counsel handling a file)

Identify the system(s): Was the first marriage statutory, customary, or Islamic? Where and when celebrated?
Collect documents: Certificates/registrations, decrees, community attestations; translations if needed.
Confirm subsistence/dissolution: Final decree? Customary/Islamic dissolution observed and recorded?
Evaluate defenses: Presumption of death; mistake of fact; invalidity of first marriage; non-marriage of second ceremony.
Map jurisdiction: Which state in Nigeria? Which code applies? Any cross-border elements touching the Philippines?
Plan the Philippine strategy: Recognition of foreign divorce, civil status annotation, or protection orders; avoid over-promising criminal remedies where territorial limits apply.

11) Caveats

Nigerian criminal and personal-status rules are state-specific and evolve through local case law. Penalty ranges and the precise wording of offenses vary.
Customary law is community-specific; proof often relies on expert or elder testimony.
For Philippine parties, always pair Nigerian counsel (for status/validity) with Philippine counsel (for recognition and downstream effects).

12) Model clauses & advisory language (for engagement letters and advisories)

Status disclaimer: “Advice on Nigerian bigamy risk depends on the validity and subsistence of prior marriages under the relevant Nigerian system (statutory/customary/Islamic) and the state code. Findings are jurisdiction-specific.”
Evidence warning: “We cannot opine definitively without certified copies of marriage and dissolution documents (or recognized customary/Islamic proofs).”
PH limitation: “Criminal prosecution in the Philippines is territorial; cross-border bigamy typically requires civil rather than criminal remedies in PH.”

Bottom line

For Filipinos navigating Nigeria-related marriage issues, the single biggest trap is assuming a unitary monogamous system. Nigeria’s plural regime means that bigamy is mainly a statutory offense, tightly linked to the kind of marriage first celebrated and the state code applied. Get the system, documents, and jurisdiction right—and coordinate Nigeria and Philippines counsel from the start.