Physical Structure of the Brain Most memory models, and research into the workings of

outside Nigeria, where at least one of the parties is a Nigerian. Such marriages must be contracted before a Nigerian diplomatic or consular officer of the rank of Secretary or above in a Nigerian diplomatic or consular mission office.

The statute states succinctly that whether a marriage is celebrated in a licensed place of worship, Registrar‘s office or in a place other than the licensed place of worship or Registrar‘s office, the officiating personnel shall immediately after the celebration, complete in duplicate and issue to the parties, a marriage certificate.

A copy of the said certificate shall also be filed with the registrar of marriages for the district in which the marriage took place.²⁶

relationship‘, In Best v Samuel Fox & Co²⁹ it was referred to Per Lord Reid as ‗a bundle of rights some hardly capable of precise definition‘. These incidents include: change of name, duty to cohabit, sexual intercourse (that is why a husband cannot be guilty of an offence of unlawful carnal knowledge of his wife)³⁰ mutual defense and so on.

b. Relationship between Husband and Wife

The relations between validly married couples acquired much leverage from the provisions of the law. The Married Women‘s Property Act 1882³¹ and The Married Women‘s Property Law 1958³² liberated the married woman from her contractual disability under the common Law and empowered her to enter into binding contracts and to maintain actions in contract against anyone in respect of her separate property as if she were a feme sole³³. The court elucidated this principle in the case of Debenham v. Mellon³⁴ where it held inter alia that a husband is not liable for contracts entered into by his wife, unless the wife pledges his credit for necessaries under certain circumstances.

The emancipation given to married woman by the said provisions of the Act extends to tortuous actions. However, neither spouse can sue the other in tort.

29 (1952) AC 716, 736, (1952) 2 All ER 394, 401

30Section 6 of Criminal Code

31 Applicable in Nigeria as a Statute of General Application

32 In force in Lagos, Ogun, Oyo, Ondo and then Bendel States

33 Ss I and 12 resp. of Married Women‘s Property Act 1882 & Married Women‘s Property Act 1958 34 (1880) 6 AC 24

The legal provisions on relations between husband and wife equally extends to the damages either of the spouses can recover if the other is killed by the wrongful act of a third party.³⁵

Significantly, the Criminal law and Evidence law give special considerations to spouses who are statutorily married. The Criminal Code Act does not hold a wife of a statutory marriage criminally responsible for an act which she is compelled by her husband to do in his presence, provided that such an act is not an offence punishable by death or one in which grievous bodily harm is an element.³⁶ Again, a spouse of a statutory marriage is not guilty as an accessory after the fact of an offence if he or she assists the other spouse to escape punishment.³⁷

Similarly, they are not criminally responsible for conspiring between themselves alone³⁸, but the case is different when a third party is involved.

Also the offence of stealing is foreign to spouses of a statutory marriage as long as they are living together. This is because they are regarded as one in law. They cannot therefore institute criminal proceedings against each other.³⁹

The Evidence Act equally makes each spouse of a statutory marriage, a competent witness for the other in civil proceedings.⁴⁰ He or she is also a competent and

35The Fatal Accident Law 1956, Cap 52 Laws of Eastern Nigeria, 1963; The Fatal Accident Law 1956 Cap 43 Laws of Northern Nigeria 1963.

36 S. 33 of Criminal Code

37 S. 10 Ibid

38 S. 34 Married Women‘s Property Act, 1882

39S.36 Ibid

40 S. 158 of the Evidence Act CAP E 14 LFN 2004

compellable witness for the prosecution or defence without the consent of the other when charged with the offences enumerated in S.161 (1), a spouse is a competent and compellable witness only upon the application of the person charged.

The Act also holds as privileged, communications between a husband and a wife during the subsistence of their union. As such, none of them can be compelled to disclose it unless with the consent of the other party, or in suits between them, or proceedings in which one married person is prosecuted for an offence specified in subsection (1) of section 161 of the Act.⁴¹ A spouse is a competent witness for the other in any proceedings instituted in consequence of adultery of that other spouse as provided by the statute.⁴²

In concluding this discussion on the legal effects of statutory marriage, it is worthy of note that marriage to a foreigner does not confer on or withdraw Nigerian citizenship from the parties under the Nigerian constitution. A female Nigerian automatically loses her Nigerian citizenship upon acquiring a foreign citizenship by virtue of marriage.⁴³