Adultery is the voluntary sexual intercourse between a married person and a person who is not their spouse. The difference between adultery and  fornication is that while the later is a voluntary sexual intercourse between unmarried couple, the former is a voluntary sexual intercourse between a person who is statutorily married and another person who is not his or her spouse.

The offense of adultery can be a valid ground for separation of marriage or divorce (if the other partner finds the extra marital affairs intolerable). A partner can file for divorce solely on the ground that the other partner is having extra marital affairs and that extra marital affairs have caused the irretrievable breakdown of the marriage.

While adultery can serve as a ground for divorce, it should however be noted that it is not a crime in Southern states of Nigeria, hence a partner cannot be punished for cheating on the other partner especially in the southern region of Nigeria.(Southern region here loosely comprises of the South South, South East and South West). 

This principle was established by the Supreme Court in 1961 in the old case of Aoko v. Fagbeyemi (1961) 1 ALL NLR 400, where the court  held that a woman who has been accused of cheating on her husband could not be convicted for adultery in the southern states of Nigeria because adultery was not prescribed as an offense in any written law in those states. This case also serves as a locus classicus to the constitutional principle that on no account should a person be punished for any offense or whatsoever that is not prescribed as an offense in any written law in Nigeria.

This principle was the highlight of s.36(12) of the 1999 constitution (as amended) which reads thus: “Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offense unless that offense is defined and the penalty therefore is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law”.

While in the Southern part of Nigeria where the Criminal Code Act applies, adultery is not a criminal offense, the law however considers adultery a criminal offense in Northern Nigeria where the Penal Code and sharia law  applies.

Section 387 and 388 stipulate the punishment of imprisonment for two years, and/or with a fine for the crime of adultery committed in that region. 

So to answer the question; “whether adultery is a crime in Nigeria”? the answer will depend on what region of Nigerian law applies to you. If you are in Northern states, Yes,  adultery is a crime and you can go to jail for the crime of adultery but if you are in Southern region, then No, adultery is not a crime.

In summary, under the Nigerian criminal justice system, the country is polarized into two criminal laws: the Criminal code and the Penal code/Sharia Law. While the Criminal code is applicable to Southern  Nigeria, the Penal code and Sharia law is applicable to the Northern states. Under the criminal code, adultery is not a crime, hence,  a person cannot be punished for adultery in Southern Nigeria but a person can be punished with 2 years imprisonment term and or with a fine in Northern Nigeria where the penal code/ Sharia law applies.

India is intensifying efforts to accelerate its digital economy plan, opening the door wider for diverse investors in the tech industry.

As part of this effort, India has thrown an investment banquet for global chipmakers with 760 billion rupees ($10.2 billion) in incentives. The pandemic ushered in a global chip shortage that has sparked a race between semiconductor companies to expand production. With the increase in semiconductor companies around the world, India, like many other countries, is setting itself up for the industry players to embrace.

The chip program, with its variety of incentives, was approved by Modi’s cabinet Dec. 15 and began accepting applicants on Jan. 1. It covers up to half the initial costs of setting up chipmaking hubs in the country, including those for front-end processes involving wafer fabrication. The Indian government will cooperate with state authorities to build high-tech industrial parks equipped with clean water, abundant power and logistics infrastructure, according to Nikkei.

It added that in addition, India will provide assistance for back-end chip facilities, which handle assembly and testing. It also will support chip-design startups and nurture more talent to build a comprehensive semiconductor industry in the country.

While the program seems attractive, and has the potential to bring chipmakers to India, Nikkei pointed out in the report below, other factors that may hinder it, given that India had been here before.

India’s attempt in the past to attract top chipmakers had only a few players expressed strong interest. One option for the country this time may be to focus first on back-end processes, so it can build a rapport with industry leaders before diving into the more technologically sophisticated front-end processes.

“The response so far has been very good,” Ashwini Vaishnaw, India’s minister of electronics and information technology, told Bloomberg TV after the package was announced. “All the big players, all the significant players, are in talks with Indian partners. Many of them are directly wanting to come and set up their units here.”

Vaishnaw predicted that in two to three years, several semiconductor plants will start production and a display panel plant will be nearing completion.

Rhandir Thakur, the head of Intel’s foundry operations, tweeted later that he was glad “to see a plan laid out for all aspects of the supply chain: talent, design, manufacturing, test, packaging & logistics.”

“Intel — welcome to India,” Vaishnaw responded. Though the exchange triggered speculation that Intel looks to form a new chipmaking hub in India, the company said it has no new plans in the country to announce at this time.

Despite the buzz, doubts exist over whether monetary incentives alone will be enough to bolster India’s chip supply. The only markets in Asia to establish a domestic chip industry that includes front-end manufacturing are Japan, Taiwan, South Korea, Singapore, Malaysia and mainland China.

India has said that securing the land, water, electricity and talent needed to operate chipmaking facilities will be a national priority. But its past attempts to attract major foreign chipmakers often fell through over one of these elements, like opposition from residents over land use, or temporary changes to state labor rules.

Labor relations can be a challenge in India. Hon Hai Precision Industry, also known as Foxconn, and Wistron — both Taiwanese assemblers of iPhones — have been mired in worker protests over labor conditions in the country.