Owerri-Based Lawyer, FIDA Member Ifeoma Ihesie Criticizes Proposed Akwa Ibom Adultery Bill.

…Says 10-year jail term for women, ₦2 million fine for men Is discriminatory and unconstitutional.

An Owerri-based legal practitioner, human rights advocate, pro-democracy activist and member of the Federation of International Female Lawyers (FIDA), Miss Ifeoma Geraldine Ihesie, has criticized the proposed Akwa Ibom State Adultery Prohibition Bill, describing it as unconstitutional, discriminatory and an unwarranted interference in the private lives of consenting adults.

The proposed legislation, reportedly sponsored by the Deputy Governor of Akwa Ibom State, Senator Akon Inyang, seeks to prohibit girls and women from engaging in sexual relationships with married men. Under the reported provisions of the bill, women found guilty would face 10 years’ imprisonment without the option of a fine, while the married men involved would only be required to pay a ₦2 million fine.

Reacting to the proposal, Miss Ihesie argued that the bill violates the fundamental rights guaranteed under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly the rights to privacy and freedom from discrimination.

According to the woman activist, Section 37 of the Constitution guarantees the privacy of every Nigerian citizen, stressing that marriage does not extinguish the constitutional rights of either spouse.

“The Deputy Governor reportedly proposed the ‘Adultery Prohibition Bill,’ which expressly prohibits girls and women from engaging in sexual relationships with married men. The bill allegedly prescribes a punishment of 10 years’ imprisonment for women without the option of a fine, while imposing only a ₦2 million fine on the men involved.

“I strongly oppose this bill because it violates the fundamental rights guaranteed by the Constitution. Every Nigerian citizen, whether married or unmarried, enjoys the constitutional right to privacy, and marriage does not take away that protection,” she said.

The FIDA member further noted that adultery is already recognized under the Matrimonial Causes Act as a matrimonial issue that may be relied upon in divorce proceedings, rather than as a criminal offence under the general criminal law applicable in most Southern states.

Ihesie also cited Section 42 of the Constitution, which prohibits discrimination, arguing that the proposed legislation unfairly targets women while imposing a far lighter penalty on men involved in the same consensual act.

“Why should a woman be sentenced to 10 years in prison while the man involved simply pays a ₦2 million fine? Such a provision raises serious concerns about equality before the law and constitutional validity,” she stated.

In the light of the above, Miss Ihesie acknowledged that some Northern states operating under Sharia penal laws criminalized adultery, but maintained that under the general criminal law applicable in many Southern states, adultery is primarily a matrimonial issue and not ordinarily a criminal offence.

In her argument, she further maintained that although the state Houses of Assembly possesses legislative powers on matters within their constitutional competence, any law enacted must not conflict with the Constitution or valid federal legislation. She cited Section 4(5) of the Constitution, which provides that any state law inconsistent with a law validly enacted by the National Assembly shall be void to the extent of its inconsistency.

The Owerri-based lawyer urged the Akwa Ibom State Government to prioritize legislation aimed at improving the welfare of citizens instead of criminalizing private relationships.

According to her, greater attention should be given to creating employment opportunities, empowering women through education and economic initiatives, tackling corruption and reducing the excessive allowances of political office holders.

She argued that economic hardship often pushes vulnerable persons into difficult situations and that government should address the root causes of poverty rather than introduce laws that disproportionately punish women.

“Consensual sexual relations involve two adults acting voluntarily. It is fundamentally unjust to impose a harsher punishment on one participant simply because she is a woman while treating the male participant more leniently.

“A law that sends a woman to prison for 10 years while allowing the man involved to walk away after paying a fine raises serious constitutional questions relating to equality, discrimination and fairness,” she added.