Legal Question in Family Law in Nigeria

You did not indicate whether the marriage was one under customary law or under the Marriage Act (church/registry wedding). I will assume that yours was a marriage under the Marriage Act.

You may not be able to file for divorce within a period of less than two years from the date of marriage except under special circumstances such as adultery (which is usually difficult to prove).

The courts will usually grant custody of infants to the mother. There will be no problem there. The father is likely to be granted access (not custody). He would still be responsible for your maintenance and that of the child as well as the costs of the child's educational advancement.

I suggest that you consult your lawyer on whether or not divorce has a good chance in your circumstance (I assume from the description of the trauma you are suffering that you may succeed).

In the meantime, though, please locate the state or local government welfare or social development office closest to you and report any attempt to take the child away from you. These officials generally have the power to issue directives to stop him

Better still, you can petition the issue to the nearest office of the National Human Rights Commission about the threat to take away the child. They will take swift action