Mary Akanbi
5th September, 2025
By Ayodele Samuel Adepitan, LLM.
As a Nigerian Legal Practitioner, I offer my opinion on the Court of Appeal’s judgment in MOHAMMED & Ors V. Mohammed & Anor (Unreported) and its potential implications for Nigerian jurisprudence.
The Judgment
The Court of Appeal held that a Muslim man’s marriage under the Marriage Act does not invalidate his subsequent marriages under Islamic law. Furthermore, the court ruled that the man’s estate should be distributed according to Islamic law.
Implications
This judgment has significant implications for Nigerian law, particularly regarding the interplay between statutory law (Marriage Act) and Islamic law. The ruling acknowledges the constitutional right to freedom of religion, allowing Muslim men to practice polygamy.
Supreme Court Decision
The Supreme Court’s decision will provide clarity on the following:
1. *Islamic law vs. Statutory law*: Whether Islamic law or statutory law takes precedence in estate administration for Muslims who marry under the Marriage Act.
2. *Polygamy and inheritance*: The rights of Muslim men to practice polygamy and how their estates are distributed among their wives and children.
3. Furthermore, the Supreme Court awaited decision on this would provide clarifications as to the provisions under the Marriage Act regarding the subject matter.
Conclusion
The Supreme Court’s decision will undoubtedly shape Nigerian jurisprudence, providing much-needed clarity on the intersection of Islamic law and statutory law. As the Apex court, its ruling will set a binding precedent for future cases.
Recommendations
1. *Clarity and consistency*: The Supreme Court should provide clear guidelines on the application of Islamic law and statutory law in similar cases.
2. *Protection of rights*: The court should ensure that the rights of all parties involved, including wives and children, are protected and respected.
In conclusion, the Supreme Court’s decision will be a landmark ruling that will have far-reaching implications for Nigerian jurisprudence.
Ayodele Samuel Adepitan, LLM
_Legal Practitioner_
