PHONE PRIVACY IN MARRIAGE: NAVIGATING NIGERIAN LAW AND SOCIETAL NORMS
By Babatunde Olubisose
In Nigeria, there is no specific law that explicitly prohibits spouses from checking each other’s phones. However, various legal perspectives can be considered in addressing this issue:
1. Right to Privacy (1999 Constitution of Nigeria)
Section 37 of the 1999 Constitution of Nigeria guarantees the right to privacy, including the privacy of communications. This implies that even within marriage, individuals have a constitutional right to private communication, which includes phone calls, text messages, and social media accounts.
If one spouse accesses the other’s phone without consent, it may be seen as a violation of this constitutional right.
2. Cybercrime Act, 2015
The Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 criminalizes unauthorized access to digital devices.
Section 14 of the Act provides that any person who accesses a computer system or network without authorization commits an offense and is liable to punishment.
If a spouse hacks into or forcefully accesses the other’s phone, they could be charged under this law.
3. Breach of Trust in Marriage
Nigerian customary and religious laws emphasize trust and transparency in marriage. While legally a spouse may not have the right to invade privacy, culturally, many believe that spouses should have nothing to hide.
This creates a conflict between legal privacy rights and societal expectations of openness in marriage.
4. Admissibility of Evidence in Court
If a spouse obtains evidence of infidelity or misconduct by checking their partner’s phone, such evidence might not be admissible in court if obtained illegally.
The Evidence Act, 2011 requires that evidence must be obtained lawfully for it to be admissible in court proceedings.
Conclusion
While Nigerian law upholds individual privacy rights, societal norms often encourage transparency between spouses. However, unauthorized access to a partner’s phone could violate constitutional privacy rights and the Cybercrime Act, making it potentially unlawful. Couples are encouraged to establish mutual trust and respect to avoid legal and relational conflicts.
