Question: After reading this my husband started to threaten to sue me and to send my former  lover to jail. Can he do this?

Answer: The Penal Code is only applicable in northern Nigeria, incident would have had to happen in Northern Nigeria.
Judgement delivered in Upper Area Court,

Area Courts exist in the Northern parts of Nigeria including the Federal Capital Territory, Abuja.
(i) The Upper Area Court
(ii) The Area Court I
(iii) The Area Court II

The jurisdiction of the Area Court under that Law includes the following:
(a) All questions of Islamic Personal Law
(b) Matrimonial Causes and matters between persons married under customary law
(c) Suit relating to custody of children under customary law
(d) Civil actions involving debt demand and damages
(e) Matters relating to succession to property and the administration of estate under customary law
(f) Matters concerning ownership, possession or occupation of land

If you are married under statutory law, jurisdiction is with the high court and under the Matrimonial Causes Act.

 

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2 responses to “FAQ: My husband is Threatening to Sue Me Under S.389 of the Penal Code”

  1. Adenle Ismail Adegboyega Avatar

    Does area court have jurisdiction to entertain matter of culpable homicide which is criminal and capital in natural

    1. mz_agams Avatar

      No but the police often take the cases there