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Pekky Legal, lekki phase 1, Lagos (2026)

12/05/2026

We have lived together for 10 years…
Does that automatically make us husband and wife under Nigerian law?

Many couples live together without doing:

- traditional marriage,
- court marriage,
or
- religious marriage.

Some even have children together and build properties together.

But here is the big question:

Does cohabitation alone give full marital rights under Nigerian law?

Cohabitation simply means:

A man and woman living together like husband and wife without being legally married.

Under Nigerian law, simply living together for many years does not automatically become a valid marriage.

So saying:
“we have stayed together for 15 years,”
or
“everybody knows us as husband and wife”…

…does not always give the same legal protection as lawful marriage.

If no valid marriage exists:

👉 one partner may struggle to claim inheritance,
👉 property rights may become difficult,
👉 and separation can create serious legal disputes.

Especially where:

- properties were bought in one person’s name,
- there is no documentation,
- or families become involved after death.

WHAT ABOUT THE CHILDREN?

Children born outside marriage still have rights under Nigerian law.

A child does NOT become illegal because the parents were not married.

Issues like:
👉 custody,
👉 maintenance, and
👉 welfare of the child
can still be decided by law.

Think about this…

If two unmarried people live together for 20 years and one partner dies suddenly…

Should the surviving partner automatically have full inheritance rights?

What do you think? 👇

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering.

12/05/2026

Most Nigerians think if a law hasn’t been used in years, it’s dead.
Wrong.
That ‘forgotten’ law can still wake up and deal with you.

There is something called the Doctrine of Desuetude big grammar, simple meaning:

It says a law can “die” if nobody uses it, enforces it, or even remembers it for a long time.

Sounds nice, right? Like outdated laws should just expire on their own.

But here’s the truth in Nigeria:

That doctrine does NOT apply to our laws.

In Nigeria, a law does NOT die because people ignored it.

As long as it is still written in the statute books, it is still VERY MUCH ALIVE.

It doesn’t matter if:

It hasn’t been used for 50 years

Nobody talks about it

Everyone forgot it exists

Once it hasn’t been repealed by the National Assembly or declared unconstitutional by a court…

You can still be charged under it.

That’s why people say Nigeria has “zombie laws”
dead in practice, but alive in law.

Real example

Criminal defamation laws stayed quiet for decades…
Then suddenly, in the Dele Farotimi case, they were brought back and used.

Silence does not kill a law.

Now here’s the twist

Desuetude actually works for customary law.

If a tradition is no longer practiced by people, courts can treat it as dead.

But for statutes (written laws)?
No chance.

Nigeria doesn’t forget laws.
It just keeps them… waiting.

And one day, someone may decide to wake them up.

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

12/05/2026

My husband cheated on me with my best friend…
And we contracted court marriage can I arrest him?

This is one question many people ask after discovering infidelity in marriage.

The anger… the betrayal… the heartbreak…

can make someone feel the police should get involved immediately.

But what does Nigerian law actually say?

WHAT IS ADULTERY?

Adultery happens when:

A married person has sexual relations with someone who is not their spouse.

CAN YOU ARREST YOUR SPOUSE FOR CHEATING?

Generally speaking:

In many parts of Nigeria, adultery is NOT treated as a criminal offence.

This means police do not usually arrest somebody simply because they cheated in marriage.

So even if:
👉 your husband cheated,
👉 your wife cheated,
👉 or it happened with your friend…

…it does not automatically become a police matter.

Adultery can still have serious legal consequences in:

👉 divorce cases,
👉 child custody matters,
👉 maintenance/support issues, and
👉 marital disputes in court.

For example:

A spouse may rely on adultery as a ground for divorce under Nigerian law.

VERY IMPORTANT

Even after discovering cheating:

🔸 You cannot assault your spouse
🔸 You cannot beat the third party
🔸 You cannot destroy property
🔸 You cannot lock anybody up

Otherwise, YOU may end up facing legal problems too.

WHAT ABOUT SOME NORTHERN STATES?

In some Northern Nigerian states operating under certain Islamic/Sharia legal systems, adultery-related issues may sometimes be treated differently under religious criminal laws.

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

12/05/2026

Is breach of promise to marry a crime?

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

11/05/2026

I borrowed 50,000

and I was told to pay back 120,000.

Now the question is:

👉 If an ordinary person lends money and starts adding interest like a bank

Is that legal?

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

11/05/2026

A man marries two wives…
Does the law treat both wives the same way?

Many people think marriage is just marriage.

But under Nigerian law, the type of marriage you enter matters A LOT.

Especially when issues like:

- property,
- inheritance,
- divorce,
and
- rights of wives
start coming up.

Monogamy means:

A man is legally married to ONLY ONE wife at a time.

This is the type of marriage done under:

- the Marriage Act,
- registry marriage,
or
- church wedding followed by registry.

Under this type of marriage:

The husband cannot legally marry another wife while that marriage still exists.

If he does, it may amount to bigamy, which is a criminal offence under Nigerian law.

Polygamy means:

A man can marry more than one wife.

This usually happens under:

- customary law marriage,
or
- Islamic law marriage.

Under this system:

The law recognizes multiple wives.

SO WHAT ARE THE RIGHTS OF EACH WIFE?

In MONOGAMY:

The only legally recognized wife under that marriage enjoys rights such as:
👉 inheritance rights,
👉 maintenance/support,
👉 custody claims,
👉 and property-related rights.

Another woman outside the marriage may not enjoy the same legal protection as a lawful wife.

In POLYGAMY:

Multiple wives may be recognized under customary or Islamic law.

Each wife can have legal rights depending on:
👉 the custom involved,
👉 proof of marriage, and
👉 the circumstances of the family.

Many people do traditional marriage without understanding the legal effect.

For example:

A man legally married in church/registry cannot simply go and marry another wife traditionally while the first legal marriage still exists.

That can create serious legal problems later.

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering.

10/05/2026

Imagine someone going around telling people:
"I am a witch."
"I have strong witchcraft powers."
"I can use juju to harm or help you."

Or imagine someone pointing at another person and saying:
"You are a witch!"
"You are using witchcraft to cause problems in this family."

It may look like "just talk" or village matter, but in Nigeria, the law takes it very seriously.

There is a law in the Criminal Code Act (which applies mostly in Southern Nigeria) called Section 210.
A similar law exists in the Penal Code (mostly in Northern Nigeria) as Section 216.

Section 210 of the Criminal Code makes it a crime for any person to:

- By words or actions, represent himself/herself as a witch or as someone who has the power of witchcraft.
(Example: Claiming "I am a powerful witch" or pretending to have supernatural powers.)

- Accuse any person of being a witch or of having the power of witchcraft.
(Example: Calling someone a witch or threatening to call them one.)

- Threaten to accuse someone of being a witch.

The law also covers related acts such as:
- Making, selling, using, or possessing juju, charms, drugs, or invocations connected to witchcraft.
- Dealing with human remains in ways linked to witchcraft or unlawful practices.

All these acts are treated as a misdemeanor

If found guilty, the person can be sent to prison for up to 2 years.

The law does not say that witchcraft itself is real or that practising it is a crime.
Instead, it focuses on two big problems:

1. False claims and self-representation: People who boast about having witchcraft powers can scare others, cheat them for money, or cause fear and confusion in the community.

2. Accusations: Calling someone a witch has caused serious harm in Nigeria, including violence, ostracism (being driven out of the community), abuse, and even death, especially against women, children, and the elderly. The law tries to stop these dangerous accusations that are often based on superstition rather than evidence.

The law protects public peace by stopping people from claiming supernatural powers they do not have and from wrongly labelling others as witches.

If you are not a witch → you have no right to go around claiming you have witchcraft powers.
And nobody has the right to accuse you of being a witch without proper evidence.

The law is there to protect people’s names, reduce fear, prevent violence, and maintain order in society.

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

Is Abortion a Crime in Nigeria?👇©️ Pekky Legal ⚖️Educating. Enlightening. Empowering.

10/05/2026

Not every killing is murder.

Yes… you read that correctly.

Many people use the words killing and murder as if they mean the same thing.

But in law, they are NOT exactly the same.

WHAT IS KILLING?

Killing simply means:

🔸 Causing the death of another person.

That is the general meaning.

But the law now asks an important question:

🔸 HOW did the death happen?

Because a person can kill:

- intentionally,
- accidentally,
- negligently,
- or even lawfully in some situations.

WHAT IS MURDER?

Murder is a specific type of killing.

It happens when a person:
🔸 intentionally kills another person,
or
🔸does something dangerous knowing it could likely cause death.

Example:

A man plans an attack, carries a weapon, and deliberately stabs another person to death.

That is murder.

Why?

🔸 Because there was intention to kill or cause serious harm.

THE MAIN DIFFERENCE

🔸 Killing is a general word.
🔸 Murder is an unlawful intentional killing.

So:

🔸 Every murder is killing
🔸 But not every killing is murder

Sometimes a person may cause death and the law may still excuse it.

Example:

- lawful self-defence,
- accident,
- or certain lawful acts allowed by law.

That is why the law always looks at:
intention,
circumstances, and
evidence.

Before deciding whether it is murder or another type of killing.

Think about this…

If a person accidentally hits someone with a car and the person dies…

Should we automatically call it murder?

What do you think? 👇

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering.

09/05/2026

A woman came back home from office trip unexpectedly and met her husband with his mistress in their matrimonial bed.

She got angry, walked out of the house immediately, went to buy kerosene, returned and set both her husband and the mistress on fire.

The mistress did not survive and died on the spot, while the husband is currently in the hospital receiving treatment.

She was later arrested by the police.

Now the big question is: what offence do you think she will be charged with under Nigerian law… murder, manslaughter, or something else entirely?

And do you think the fact that she “caught them in the act” will reduce her liability in any way?

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

09/05/2026

Many Nigerians Misuse These Legal Words Every Day

Not everybody arrested is a criminal.
Not everybody charged to court is guilty.
And not everybody in prison is innocent.

There is a difference between a:

- Suspect,
- Accused person/Defendant,
- and Convict.

Who is a Suspect?
A suspect is a person the police believe may have committed an offence and is still under investigation.

At this stage, the person has not been found guilty by any court.

Who is an Accused Person or Defendant?
This is a person who has already been formally charged to court for an offence.

The case is now before a judge or magistrate, but the person is still presumed innocent until proven guilty.

Who is a Convict?
A convict is a person a court has found guilty of an offence after trial or after pleading guilty.

This is the stage where the law officially recognizes the person as guilty.

This is why the law says a person is presumed innocent until proven guilty by a court of law.

Arrest alone does not make someone a criminal.

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

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