ADULTERY: How adultery can be inferred
"It is axiomatic that adultery is essentially an act which can rarely be proved by direct evidence. It is a matter of inference and circumstances.
The law has thus set down certain conditions from which adultery can be inferred and these are;
(i) evidence of disposition and opportunity for sexual intercourse with a person other than the spouse;
(ii) general cohabitation - where it is established that there is a state of general cohabitation between a man and a woman, adultery is presumed between them;
(iii) confession and admission of adultery;
(iv) entry in register of birth - entry of birth by the wife which omits the name of the child's father or simply gives a name other than the husband amounts to an admission of adultery; and
(v) frequent visits to hotels - Erhahon Vs Erhahon (1997) 6 NWLR (pt 510) 667 and Alabi Vs Alabi (2008) All FWLR (pt 418) 245."
Per ABIRU, J.C.A. in
