Intimacy in marriage is not a choice, says lawyer Olutunbosun Osifowora, citing Nigerian law on conjugal rights in response to Lagos DSVA’s public statement
Intimacy in marriage has stirred debate after a recent post by Punch Newspapers quoting the Lagos State Domestic and Sexual Violence Agency (DSVA) claimed that “intimacy in marriage is a choice, not a duty.”
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Responding to the statement, legal practitioner Olutunbosun Osifowora clarified that Nigerian law views the matter differently.
Citing Section 15(2)(g) of the Matrimonial Causes Act, he explained that when a spouse refuses intimacy and fails to comply with a court decree for the restitution of conjugal rights for at least a year, it can become grounds for divorce.
According to Osifowora, sexual relations within marriage are recognised as rights, not optional privileges, under Nigerian law.
While refusal of consent in unmarried relationships amounts to rape, marital refusal is treated as a legal breach of conjugal obligations, allowing the aggrieved spouse to seek redress in court.
“Marriage is underscored by love, but it is also governed by law,” Osifowora noted.
“Just as students attend school out of passion but must follow its rules, couples must understand their legal duties within marriage.”
He stressed that accuracy in public communication is vital, particularly from official bodies, to avoid misleading the public about their rights and responsibilities.
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Osifowora concluded: “Before you refuse your spouse intimacy, know the position of the law on conjugal rights. This is not about emotions alone; laws exist to protect the institution of marriage.”
Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator and a recipient of the D9112 Superstar Icon Award, who writes ruthlessly about pop culture, religion, politics and entertainment.
