YOU AND THE LAW (Series 1) Consummation: The Legal Bedrock of Marriage in Nigeria
YOU AND THE LAW (Series 1)
Consummation: The Legal Bedrock of Marriage in Nigeria
By Dr. Odimientimi Agbedeyi
In a world where weddings are celebrated with grandeur, music, and glamour, many couples — and indeed the public — often forget a crucial legal truth: a wedding is not the same as a marriage.
Yes, you read that right. Under Nigerian law, a marriage is not considered complete until one essential act takes place — consummation.
💍 What Is Consummation of Marriage?
In simple terms, consummation of marriage means that the couple has engaged in sexual intercourse after the wedding ceremony. It’s the physical expression that seals what was legally and socially declared at the altar.
While a wedding binds two people in law, consummation makes that union whole in fact. Without it, a marriage might exist in name but not in substance.
⚖️ The Law on Consummation in Nigeria
Under the Matrimonial Causes Act (MCA) — the principal law governing marriages and divorce in Nigeria — consummation holds significant legal weight.
Specifically, Section 5(e) and Section 15(2)(a) of the MCA provide that a marriage can be declared voidable if:
“Either party to the marriage is incapable of consummating the marriage.”
This means if one spouse is physically incapable of performing sexual intercourse (not just unwilling or uninterested), the other spouse has legal grounds to apply for annulment, not divorce.
🏛️ Annulment vs. Divorce — The Key Difference
Let’s break it down clearly:
| Category | Annulment | Divorce |
|---|---|---|
| Legal Meaning | Declares that a marriage was never valid or complete | Ends a valid, existing marriage |
| Reason for Action | Marriage not consummated or based on fraud, incapacity, etc. | Irretrievable breakdown of a valid marriage |
| Effect | Marriage treated as if it never existed | Marriage legally ended |
| Example | One partner is impotent or physically unable to consummate | Infidelity, cruelty, or abandonment |
In essence, if consummation never happened, the marriage may be annulled because the law does not recognize it as fully formed.
❤️ Why It Matters
In Nigerian family law, consummation goes beyond the bedroom — it’s a legal cornerstone. It symbolizes the completion of mutual commitment and the fulfillment of marital rights and obligations.
Where one party is incapable — due to a physical defect or permanent medical condition — the law provides protection for the other spouse to exit the union without stigma or prolonged litigation.
However, mere refusal or lack of interest does not automatically amount to incapacity. Courts distinguish between inability and unwillingness. A spouse who simply refuses to consummate for personal or emotional reasons cannot be said to be incapable in the legal sense.
🕊️ The Bottom Line
That wedding dress, the groom’s suit, the cheers, and the vows — all of it may mark the beginning of marriage, but only consummation completes it in the eyes of the law.
If there’s no sexual union, the marriage may be declared voidable — meaning it existed conditionally and may be annulled if challenged.
⚖️ Coming Next on You and the Law Series
✍️ Authored by:
Dr. Odimientimi Agbedeyi
Legal Awareness Contributor, Global Egberi Media International
Source: News Express Online
Tags: #YouAndTheLaw #MarriageLaw #Consummation #NigerianLaw #MatrimonialCausesAct
📢 Facebook Caption:
You had the wedding, but was it truly a marriage?
Under Nigerian law, marriage isn’t complete until consummation — yes, the “bedimatics” part! Find out why this matters legally in the first edition of our new series: YOU AND THE LAW with Dr. Odimientimi Agbedeyi.
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