Militante v Ogunwomoju [1993]

Key Points:

• Decree of Nullity Granted:

◦ The court granted a decree of nullity to the woman who discovered post-marriage that her spouse was an illegal immigrant and had lied about his identity.

• Basis for Nullity:

◦ The marriage was annulled because the deception regarding the spouse’s identity was deemed a fundamental mistake, affecting the validity of the marriage.

Impact and Analysis:

• Identity Misrepresentation:

◦ This case underscores that misrepresentation about a person’s identity can be grounds for annulment. The court recognised that such a significant deception invalidates the marriage.

• Protection Against Fraudulent Marriages:

◦ The ruling highlights the importance of truthfulness regarding personal identity in marriage. It serves as a protection mechanism against fraudulent marriages, ensuring that both parties enter the union with accurate and truthful information.