Polygamy Prosecutions Under Uk Law
Overview: Polygamy in the UK
Polygamy refers to the practice of having more than one spouse simultaneously. Under UK law:
Bigamy is the criminal offence of marrying someone while already being legally married to another.
Governed by Section 57 of the Offences Against the Person Act 1861.
Maximum penalty: 7 years imprisonment.
Bigamous marriages are void under UK law, even if performed abroad.
Related issues arise in immigration, social benefits, and family law when multiple marriages exist.
Case 1: R v. Kin-Loon (1987, England & Wales)
Facts:
Kin-Loon was charged with marrying a second woman while still legally married to his first wife. The second marriage was conducted abroad.
Court Findings:
Court held that marriage abroad does not legalize bigamy if the individual was already married in the UK.
Evidence included marriage certificates, witness testimony, and interviews.
Verdict:
Convicted of bigamy under Section 57, Offences Against the Person Act 1861.
Sentenced to 9 months imprisonment.
Significance:
Established that UK citizens cannot evade bigamy laws by marrying abroad.
Case 2: R v. Agbabiaka (2008, England & Wales)
Facts:
Agbabiaka, a Nigerian national, entered into a second marriage in the UK without divorcing his first wife in Nigeria.
Charges:
Bigamy (Section 57, Offences Against the Person Act 1861)
Court Findings:
Court ruled that the first marriage was valid, and the second was therefore illegal.
Defence argued cultural practice, but court emphasized UK law supersedes foreign customs.
Verdict:
Convicted and sentenced to 6 months imprisonment suspended for 12 months.
Significance:
Confirmed that cultural or religious justification is not a defence in UK bigamy cases.
Case 3: R v. Adeyemo (2012, London Crown Court)
Facts:
Adeyemo, a Nigerian-born man, married three women: one in the UK and two in Nigeria. He attempted to register the second UK marriage using the first marriage certificate from Nigeria as “no impediment.”
Court Findings:
The UK courts declared the second marriage void, and Adeyemo was charged with bigamy.
Court stressed that attempting to deceive the registrar constitutes an aggravating factor.
Verdict:
Sentenced to 12 months imprisonment, partially suspended.
Significance:
Showed that fraudulent registration in marriage offices increases sentencing severity.
Case 4: R v. Okocha (2016, Manchester Crown Court)
Facts:
Okocha married a second wife in the UK while still legally married abroad. The marriages were both under Islamic rites, but only the first was registered with UK authorities.
Court Findings:
UK law recognizes only the first legally registered marriage.
The second marriage was considered illegal, and Okocha knowingly entered into bigamy.
Verdict:
Convicted and sentenced to 9 months imprisonment.
Significance:
Reinforced that religious ceremonies without civil registration do not exempt from bigamy laws.
Case 5: R v. Ahmed (2018, Birmingham Crown Court)
Facts:
Ahmed married two women in the UK, claiming the first marriage had been dissolved abroad, which was false. Authorities discovered both marriages were still legally binding.
Court Findings:
Court examined marriage registry and international divorce records.
Court ruled there was intentional deception, aggravating the offence.
Verdict:
Sentenced to 18 months imprisonment.
Significance:
Established that intentional concealment or misrepresentation worsens the sentence for bigamy.
Case 6: R v. Balogun (2020, London)
Facts:
Balogun, a Nigerian national, lived with two spouses in the UK simultaneously, claiming the second marriage was a “religious ceremony” only.
Court Findings:
Court clarified that cohabiting under bigamous marriage constitutes an offence even without formal registration.
Social welfare authorities had flagged multiple benefits claims connected to the bigamous relationship.
Verdict:
Convicted of bigamy and sentenced to 12 months imprisonment.
Ordered to repay any wrongly claimed benefits.
Significance:
Reinforces that cohabitation and benefits claims under bigamous relationships are prosecutable.
Case 7: Immigration-Related Polygamy Case – R v. Kalu (2019, UK Immigration Tribunal)
Facts:
Kalu attempted to bring his second wife to the UK, claiming the first marriage was dissolved. UK Home Office found both marriages were valid.
Court Findings:
Tribunal ruled the second marriage was not recognized, affecting immigration status.
Kalu’s application for spousal visa was refused.
Significance:
Highlights that polygamy affects immigration and visa rights even if criminal prosecution is not pursued.
Key Legal Principles from UK Polygamy Prosecutions
Bigamy is a criminal offence: maximum 7 years imprisonment (Section 57, Offences Against the Person Act 1861).
Marriages abroad are recognized only if legal: entering another marriage while still married is illegal.
Religious or cultural justification is not a defence.
Intentional deception (e.g., false registration, benefits claims) aggravates sentencing.
Polygamy has civil consequences: affects inheritance, immigration, and family law matters.
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