16 Days of Activism Against Gender-Based Violence — Nigerian Family Law Edition
If you’ve ever stepped into a courtroom, you already know:
Evidence wins cases. Tears only win tissue donations.
Judges do not rule on vibes. They rule on what you can PROVE.
Whether you are defending your rights in a customary marriage, fighting for custody in the high court, or simply trying to assert your humanity in a system that favours the powerful, this guide breaks down:
✅ What to bring to court
✅ Why it matters
✅ What the Nigerian Evidence Act requires
✅ How deepfakes, voice clones, and digital forgeries could sabotage your case
✅ + one unforgettable lesson from that client who “forgot” crucial digital evidence
1. THE DOCUMENTS YOU MUST NEVER ENTER A COURTROOM WITHOUT
Here is your Courtroom Survival Starter Pack, curated from actual practice, court decisions, and scars earned the hard way.
1️⃣ Marriage Certificate OR Proof of Customary Marriage
Nigeria has two marriage tracks and the court treats them VERY differently. Find your level.
If you married under the Marriage Act → bring the certificate.
Simple.
If you married under customary law → bring proof that a valid customary marriage occurred.
This includes:
- Please. tell me you registered your customary marriage in which case all you have to bring is your certificate. Otherwise you can present;
- Photos/video of the ceremony
- Evidence of bride price being presented and accepted
- Witness statements
- Proof that the ceremony was conducted in line with the woman’s native law and custom
- Customary law must be strictly proven e.g. through the expert testimony of an elder or published articles.
Customary marriages are valid. But you MUST prove them, or you risk losing:
- what limited property rights you may have
- custody stability
- standing in court
- even recognition as a spouse
Customary law is like physics—you don’t have to believe in it, but it will still operate on you.
2️⃣ Evidence of Joint Contributions (Financial & Non-Financial)
So you say you “built together”? The court will say: Show me.
In Nigeria, sentiment is not evidence and “God knows I suffered” is not an exhibit.
This part is critical because:
⚠️ Nigeria does not operate a community-property or 50/50 system
⚠️ There is no automatic “marital property” just because you are married
⚠️ Ownership follows proof, not vibes
⚠️ The name on the deed or receipt is the starting point
If you want a share in property, you must prove you contributed to it—financially or non-financially.
Bring:
- Bank transfers showing you sent money
- Receipts in your name
- Evidence you funded renovations or construction
- Proof you worked in a joint business
- WhatsApp messages showing joint decision-making
- Screenshots, emails, voice notes (authenticated—thanks to Evidence Act 2011)
3️⃣ Children’s Birth Certificates
A child’s birth certificate is one of the most powerful documents you can carry into court.
It establishes:
- Legal parentage
- Parental responsibility
- Eligibility for custody and guardianship
- Entitlement to maintenance and support
- Identity, nationality, and age
- The mother’s legal link to the child
Many women underestimate how essential this document is. Courts do not.
Immediately after a child is born, register the child with the National Population Commission (NPC).
It is free.
It saves lives in custody disputes.
Without a birth certificate, you are entering the courtroom with a handicap:
There is no official proof that you are the child’s mother.
Yes—DNA tests can fill the gap, but those introduce delay, cost, stress and needless litigation.
📌 What the Child’s Rights Act Says About a Mother’s Rights
The Child’s Rights Act (CRA) 2003 is very clear:
A mother is a full legal parent, with equal parental rights and responsibilities.
Key provisions:
Section 5 — Right to Parental Care and Protection
Every child is entitled to “adequate care, protection and guidance,” which courts interpret as requiring continued maternal involvement unless proven harmful.
Section 14 — Best Interest of the Child
In every custody case, the best interest of the child is the paramount consideration—not gender, not wealth, not culture, not who has the louder lawyer.
This protects mothers from being dismissed simply because a father has more resources or influence.
Section 66 — Parental Responsibility
Both parents, whether married or unmarried, share equal parental responsibility.
This is crucial: no Nigerian law presumes the father has superior rights.
Section 69 — Custody Decisions
When courts decide custody, they consider:
- emotional attachment
- the child’s welfare
- stability
- history of care
- conduct of each parent
Mothers who were the primary caregivers have strong legal standing under this section.
Section 71 — Maintenance
Fathers and mothers owe a legal duty of maintenance.
The burden is not automatically on the mother.
Why This Matters
In practice, wealthy or influential fathers often try to overpower mothers through:
- police intimidation
- refusal to grant access
- narrative manipulation
- weaponised customary norms
But the Child’s Rights Act is a shield.
With a birth certificate, your rights are more enforceable.
Without it, you are starting your fight from the basement.
Bottom Line
✔ Register your child at NPC.
✔ Keep the birth certificate safe.
✔ Make digital and physical copies.
✔ Keep it in your “court folder.”
A birth certificate is not paper—it is legal power.
4️⃣ Proof of Abuse, Neglect, or Domestic Violence
If abuse happened, document it.
I cannot say this loudly enough: start documenting the abuse the moment it begins — not when you are ready to leave.
Bring evidence that speaks louder than anybody’s denial:
- Medical reports describing injuries, treatment, and doctor’s observations
- Police reports — and insist on a copy stamped and dated
- Photos of injuries (unedited and timestamped)
- Videos (show injuries, scene, context — and keep originals)
- Voice notes of threats or admissions
- Threatening messages (WhatsApp, SMS, emails)
- Witness statements — neighbours, domestic staff, relatives who saw or heard something
Here’s why this matters:
Cruelty is a complete ground for divorce.
Under Nigerian matrimonial law, cruelty — physical, mental, psychological, emotional, sexual, financial — can justify dissolution of marriage.
Yes, emotional cruelty is subjective.
Yes, psychological cruelty is arguable.
But physical violence?
That one never hides.
Courts respond to proof, not tears.
Evidence Must Be Authentic — Preserve Metadata
Your photos and videos should be originals, not screenshots.
Your voice notes should retain timestamps.
Your documents must show where, when, and how they originated.
Metadata matters because:
- It proves time
- It proves source
- It defeats claims of doctoring or manipulation
- It protects you against accusations of staging evidence
And in an era of deepfakes, voice clones, and AI-generated forgeries, Nigerian courts are increasingly alert to digital manipulation.
Under Sections 84 and 258 of the Evidence Act 2011, digital evidence is admissible only if:
- It is accompanied by a certificate of authentication
- The device/process that generated the evidence is reliable
- The evidence is shown to be untampered
- The person tendering it can explain its origin
This is why preserving metadata — and not forwarding, editing, screenshotting, or compressing files — is essential
5️⃣ Financial Records
When it comes to child custody and support, Nigerian courts are not sentimental.
They assess capacity, stability, and planning—not vibes.
If you want custody or even reasonable access terms, come with financial evidence that speaks louder than emotions.
Bring:
- Bank statements (yours + his)
- Salary slips or proof of regular income
- School fees receipts
- Hospital bills and medical expenses
- Rent payments or tenancy agreements
- Any record showing who has been financially responsible for the child
Why this matters:
Under Nigerian law—especially under the Child’s Rights Act (CRA) 2003, section 14—the best interests of the childare the paramount consideration in all custody decisions.
And like it or not, “best interests” includes financial capacity, because welfare requires resources.
Most courts will ask you one question very early:
“How do you plan to take care of the child?”
Notice what they will not ask:
“How loving are you?”
“How much have you suffered?”
“How wicked is your husband?”
Some women (and men too) mistakenly believe custody is automatic because they are the “better parent” morally.
No.
Custody is granted to the parent who can show, not merely say, that they have made adequate arrangements for the child’s:
- education
- healthcare
- shelter
- routine
- emotional and physical stability
Also, a small warning:
Some fathers think they can “perform fatherhood” by dropping children with their mothers, sisters, or aunties.
That does not count as financial capacity or personal responsibility—courts see straight through it.
Likewise, some women come to court unprepared, assuming motherhood automatically confers custody.
Not in 2025.
Judges want structure—schooling plans, living arrangements, income proofs, medical care arrangements, emergency preparedness.
If the father provides all these on paper and you provide emotion, guess who wins?
Always be the one prepared.
Documentation is how you win the credibility contest
6️⃣ Digital Communication: Text Messages, WhatsApp, Emails
Digital evidence is the new courtroom gold.
It captures:
- Patterns of abuse
- Manipulation
- Admissions
- Agreements
- Financial commitments
- Timelines and contradictions
But let me be clear: digital evidence is only as powerful as its authenticity.
And this is where things get interesting — because in 2025, we are no longer only fighting lying spouses.
We are now fighting deepfakes, voice clones, AI-generated screenshots, and fabricated WhatsApp histories.
So the first rule is:
👉 Bring only what you can authenticate.
⚖️ A Note on Admissibility (Evidence Act, Nigeria)
Under the Evidence Act 2011, particularly Sections 84–89, digital evidence is admissible only when:
- It is shown to be authentic.
(You must explain how it was produced, stored, and printed.) - It comes from a regular and reliable source.
- A certificate of authenticity (Section 84(4)) is supplied when needed —
especially for computer-generated records like emails, bank statements, server logs, CCTV, or digital documents.
Courts now question:
- altered screenshots
- edited voice notes
- AI-generated photos
- fabricated chat histories
Don’t bring anything to court that can’t withstand digital scrutiny.
As deepfakes become mainstream, judges will demand:
Metadata, timestamps, phone logs, server records, cloud backups, and device verification.
If you can’t authenticate it,
it is useless.
If the other side can disprove it,
it is fatal.
Bottom Line
The future of family litigation in Nigeria is simple:
🔹 Digital truth wins.
🔹 Digital deceit destroys.
🔹 Authenticity is now more important than evidence itself.
Use it wisely.
Your credibility depends on it.
2. DIGITAL EVIDENCE: STRONGER THAN WITNESSES, BUT EASY TO COMPROMISE
The Evidence Act 2011 gives digital evidence full legal status — IF certain conditions are met.
SECTION 84 — The Gatekeeper
Digital evidence is admissible only if you can prove:
- It was produced by a device that was working properly
- The information was stored and retrieved properly
- The document is authentic
- A certificate of authenticity is provided
This applies to:
- WhatsApp chats
- Screenshots
- Emails
- Audio recordings
- CCTV footage
- Social media messages
- Bank alerts
If you don’t meet Section 84 requirements, the judge will look at your screenshot the way Nigerians look at “Buy 2 get 18 free” Instagram promos — with uncertainty.
3. THE RISING THREAT: DEEPFAKES, VOICE CLONES & DIGITAL FORGERIES
Welcome to 2025, where AI can:
- mimic your voice
- generate fake screenshots
- clone WhatsApp chats
- create videos of events that never happened
This is no longer sci-fi. It is legal reality.
Courts are becoming more cautious because digital forgeries are now:
- cheaper
- faster
- indistinguishable to the naked eye
This has huge implications for domestic violence and custody cases.
If you present digital evidence that the court suspects is doctored, you may lose credibility for the entire case.
To protect yourself:
- Keep original files (not forwarded versions)
- Store backups in multiple places
- Use email timestamps
- Export entire chat histories
- Record metadata
- Avoid editing screenshots
- If possible, obtain professional forensic verification
Because the day your abusive spouse claims your evidence is a deepfake,
you need to be able to prove that it isn’t.
4. HOW TO PRESENT YOUR EVIDENCE LIKE A LAWYER (NOT LIKE A PANICKED HUMAN)
Judges love three things:
- Order
- Sequence
- Clarity
Arrange your documents:
- Chronologically
- Labelled
- Printed and digital copies
- With a summary index
Your credibility increases the moment your file opens neatly.
Trust me.
5. WHY THIS MATTERS FOR WOMEN
Women—especially those in customary unions—face additional risks:
- No statutory matrimonial property rights
- No automatic custody presumptions
- Higher likelihood of economic dependency
- Difficulty proving contributions
- Higher vulnerability to digital smear campaigns
Courts will not “assume” you deserve justice.
You must bring the evidence that forces the court to recognise your rights.
What’s the hardest part of going to court for you (or your clients)? Confidential answers only: survey link. 👉 Take the 2-minute survey: Nigerian Women’s Legal & Marital Challenges
Want my full course “Family Law in Nigeria: What Every Woman & Lawyer Must Know”?
👉 Join the waitlist: Family Law in Nigeria Course
If you remember nothing else, remember this:
Your story matters, but your evidence is what wins.
And in today’s digital world, evidence must be authentic, defensible, and organised.
MzAgams 