Legally, it is recognized that a marriage and by extension,a family constitutes the most important unit of society and as such should be protected as a matter of public policy. This thus explains the need for a legal regime governing matrimonial disputes and divorces in Nigeria.

This article will be looking at the topics of :-

– The legal framework governing matrimonial disputes in Nigeria.

– The available matrimonial dispute remedies under Nigerian Law.

– The grounds for marriage dissolution.

– The standard of proof in matrimonial causes under Nigerian Law.

What constitutes the legal & regulatory framework governing Matrimonial disputes in Nigeria?

Matrimonial Causes are governed by the Matrimonial Causes Act of Nigeria & The High Courts of Nigeria.

What are the actual legal remedies available in courtroom matrimonial disputes in Nigeria?

The available reliefs in matrimonial causes under Nigerian Law are :-

– Marriage Dissolution/Divorce decrees.

– Marriage Nullification orders :- Where a marriage is deemed by a court to have never existed in the first place e.g. 

– Judicial Separation orders :- Which take away cohabitation & conjugal rights from an otherwise still valid marriage.

– The restitution of conjugal rights.

– Jactitation of Marriage :- Which allows ex-spouses to still legally bear their marriage surnames.

– Maintenance orders for ex-spouses.

What are the acceptable grounds for dissolving a marriage under Nigerian Law?

A marriage can be dissolved on irreconcilable differences based on :-

1. A lack of consummation.

2. Intolerable infidelity.

3. Gross irresponsibility of spouse.

4. Desertion of a spouse.

5. Living apart for a period of at least 2 years.

6. The evidential presumption of death upon proof of a spouse being missing for at least 7 years.

What is the scope of the Matrimonial Causes Act?

The act applies strictly to statutory marriages entered into at a marriage registry under Nigerian Law.

Is polygamy allowed under the Act?

No, no person married under the act is allowed to contract a second marriage as this constitutes the offence of bigamy punishable with an improvement term of up to 7(Seven) years.

Are customary marriages under the jurisdiction of the Act?

No, they’re not. But a divorce carried out under customary law will be invalid where the couple also got married under the Act.

When is a marriage deemed void under the Act?

A void marriage is one which is deemed to have never happened and occurs where :-

1. One of the persons entering into a marriage was in fact already married to another person at that time.

2. Parties are within a relationship deemed prohibited under Nigerian Law by virtue of the spouses being traceable actual family relatives.

3. There was no valid consent by either or both parties to a marriage.

4. A party in a marriage is actually a minor below the age of 18 years.

When will a marriage be deemed voidable under Nigerian Law?

A marriage is voidable when the law gives its parties the option to have it set aside on the basis of :

1. Insanity

2. One of the parties having a venereal disease at the time of the marriage

3. The discovery of a pregnancy belonging to a 3rd party at the time of marriage.

4. The inability of either party to a marriage to consummate it. 

What is the standard of proof required in Matrimonial disputes in Nigeria?

The standard of proof required in matrimonial causes under Nigerian Law is “The satisfaction of the court” which simply means satisfying the court that a marriage has broken down irretrievably to have it dissolved or voided.

Crypto exchange Paxful, has joined the growing number of exchanges winding down due to downturn and regulatory challenges the industry is facing.

Paxful founder and CEO, Ray Youssef announced the decision in a statement shared on the platform.

“Today, Paxful will be suspending its marketplace. We are not sure if it will come back,” the statement reads.

“This will probably come as a big shock to many. While I cannot share the full story now, I can say that we unfortunately have had some key staff departures. Also, regulatory challenges for the industry continue to grow, especially in the peer-to-peer market and most heavily in the U.S. While we work through these issues, we have taken the most secure option and ask you to explore self-custody and trade elsewhere.”

Paxful is a peer-to-peer (P2P) cryptocurrency marketplace that allows users to buy and sell Bitcoin and other cryptocurrencies using various payment methods such as bank transfers, credit and debit cards, and even gift cards.

The decision to shut it down comes on the heels of market turmoil and regulatory tightening by governments around the world, which have seen other P2P platforms such as LocalBitcoins shut down operation too.

Founded in 2015 by Ray Youssef, the Delaware, US-based company has been offering crypto exchange services to countries around the world, including Nigeria, where it was receiving huge transaction volumes until recently. Government’s prohibition of regulated financial institutions from enabling crypto transactions – though limited the volume of trade from the West African country, made Paxful more popular.

Paxful’s P2P services provided a safe and secure platform for users to trade cryptocurrencies without the need for intermediaries such as banks or financial institutions. For traders in Nigeria, it was a welcomed alternative in the face of the government’s apathy toward cryptocurrency.

The company said in 2022 that it had reached over 10 million users globally with Nigeria accounting for over 2 million users. With its growing popularity in Nigeria, Paxful introduced corporate social responsibility (CSR) as part of services in the country.

In 2021, Paxful opened the PaxNaija Education Center to empower Nigerians through Bitcoin education, hosted several campus tours and workshops to encourage entrepreneurship, and met with hundreds of community members to help increase financial literacy.

Youssef also co-founded the Built With Bitcoin Foundation, a non-profit organization dedicated to creating equal opportunities by providing clean water, access to quality education, sustainable farming and humanitarian support – all powered by Bitcoin. The foundation, which was established as part of Paxful’s mission to support emerging markets, constructed eight schools in Africa, including two in Kaduna State, Nigeria.

As the shock of Paxful’s shutdown spreads, Youssef has assured users that their funds are safe, explaining that the Paxful wallet will be up for customers to retrieve their funds. He advised users to withdraw the funds and hold them personally – using alternate platforms such as Exodus Wallet and Muun Wallet.

As part of its plan to protect customers’ funds, Paxful says it is offering an easy migration to other options for non-U.S. users to platforms like Noones — a new P2P company dedicated to the Global South.

Recommending the platforms it made a list of things its migrating customers can do: “All the things you do on Paxful you can do on Noones”, including:

• Lower trading fees
• One of the cheapest wallets
• An affiliate program even more generous than Paxful’s program
• A more efficient KYC process
• Local dispute moderators
• A much friendlier TOS policy with no accounts being locked
• I personally vouch for Noones, you can trust them
• Bitnob — who makes it easy for Africans to connect with Bitcoin.

Besides its regulatory and personnel concerns, Youssef said Paxful is currently wielding a legal battle with its former Chief Operating Officer and Co-founder, Artur Schaback. Schaback, who was ousted from the company more than a year ago, initiated the lawsuit against Paxful in January.

“My co-founder sued the company and sued me. I have a lawsuit over my head right now,” he said without giving details.