Sadly, when an underage girl marries under this law, the consummation act does not qualify as an offense, as it counts as “relations between husband and wife”. the objectives of the statute. Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is For a customary marriage to be conducted and valid it requires these various principles; The parties must be above the age of 18, … Customary marriages are recognized as valid in Nigeria. Both T here are 3 types of marriages in Nigeria vis;. Under Section 6, no court shall take cognizance of any marriage that is made This is the part where people witness the marriage happening and later can testify in court if the need ever arises. The celebration of marriage […] The good news is that English marriage and Customary Marriage of same couple is valid and allowed. Ma'aikatan INEC na diban minshari saboda an kauracewa zabe. It is only possible between a man and a woman and this union is monogamous. . Customary laws … Both must be expressed beforehand. Dowry must be paid, either in the form of money or other types of property. Despite popular misconception, living in the same house with a man and bearing his children isn’t enough for a woman to be counted as a wife under customary law. of the parties to the marriage. This work will reveal how custody of a child is managed under customary marriage and native laws in Nigeria. are guilty of an offence punishable with a fine of 100Naira or imprisonment The fundamental law of karma: it will make your life happy! been fixed by legislation. prohibition of the Age of Marriage Law is not observed in many parts of the unless the accused can prove that he took reasonable steps to verify the ages Sitemap XML, Consent of the parents for customary marriage, Consent of the parties for customary marriage, Prohibited degrees of consanguinity and affinity in customary marriage, Statutory prohibition for customay marriage, Statutory Marriage Preceded By Customary Marriage. . Contact us | | The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. Section 3(1) of the Law provides that 'A marriage . The various customary laws of these different ethnic groups in Nigeria make up this category of the customary law. BY . husband and wife. The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. How to register for customary marriage in Ghana. This is the legal marriage described by the official Marriage Act (this document specifies all the requirements necessary for an official marriage celebration in Nigeria). This section should, therefore, be construed accordingly so as to make its contents CUSTOMARY MARRIAGES IN NIGERIA: MISCONCEPTIONS AND VULNERABILITY OF WOMEN. The parties to a marriage under the act must possess the necessary capacity. Customary marriages are recognized as valid in Nigeria. It is common to find Nigerians that are married both under the English Marriage System and the Customary Marriage System. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. between or in respect of persons It is the law propelled by the worldview, beliefs, philosophies and value system of the people. According to the Customary Marriage and Divorce(Registration) Law, 1985(PNDCL 112) the registration of a customary marriage and divorce can be done at any time after the proclamation of the marriage as required by customary laws unless a certain time prescribe by the Secretary for Justice is passed after which the failure to register the … The bride price is a mandatory part of the customary marriage. Discover the truth behind the age of consent in Nigeria, Gay marriage law in Nigeria: interesting facts. There are two kinds of marriages accepted under Nigerian law. To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. Although the details of such requirements vary from one locality The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … A statutory wedding is a voluntary marriage between two people who are in love with the exclusion of other people for the whole period … This Essay discusses the ¿religious law¿ and ¿customary law¿ paradigms in the context of the Nigerian legal system. Customary law is a form of a traditional, commonly-accepted rule or practice that has the power of law, and is usually found within a particular ethnic group or location. Code defines 'unlawful carnal knowledge' to exclude sexual relations between This could take place in the Registry (court marriage), or in any "licenced place of worship" by a registrar or by an ordained minister of a religion. And obtain a marriage certificate. Obi-Okoye, Under this Act, marriage is defined as a voluntary union between a man and a woman to the exclusion of others. OnlineNigeria.com 1998 - document.write(new Date().getFullYear()) © All rights reserved. It is generally classified as being polygamous yet it is recognized under the law (Matrimonial Causes Act, Section 35). In Nigeria, where a person who died intestate was not subject to customary law and contracted a valid marriage under the Marriages Act during his lifetime, the intestacy rules will be applied to administer and distribute his property to the heirs or beneficiaries. The age of marriage under customary law is governed in the three Eastern States of Nigeria by the Age of Marriage Law 1956. In traditional societies, customary laws were largely unchallenged save by compelling innovations that re-channeled aspects of the practices of the people and subsequently altered its traditions. Customary marriage simply refers to marriage contracted under the various native laws and customs of the various tribes in Nigeria and the procedure varies from one locality to another. under the Law, the opinion of a qualified medical practioner on that question This tradition entails flogging the potential groom publicly just before his nuptials. For a marriage to be statutory, the marriage must be lawful, it must be with the consent of both parents and the parties involved, prohibited degree of consanguinity and affinity. either of whom is under the age of sixteen shall be void'. confer on, or procure from any person any property or benefit in relation to In four Native Authority areas in three of the Northern States of Nigeria-Biu 1.5 RESEARCH METHODOLOGY The methodology applied in this work is the doctrinal research methodology. Comments | The majority of customary laws represent certain community regulations that have been accepted for generations and thus became an inseparable part of the culture of its members. It reasoned that customary marriage in Nigeria cannot be dissolved by mere In Nigeria this could involve the paying of bride price, giving of gifts, etc. the stated age, and the father or guardian of such girl who permits such marriage, Leave your email to receive our newsletter, Get the hottest stories from the largest news site in Nigeria, Drop your mail and be the first to get fresh news. While this is a guide for grooms who want to marry Igbo women, note that the Igbo custom requires that a groom is required to officially ask his in-laws for the customary … former was about fifteen years of age when the marriage with the respondent When the age of a person is in issue in a prosecution With that part completed, the marriage is officially dissolved. The parties to a customary-law marriage must possess the capacity under that . The age of marriage under customary law is governed It doesn’t have a formal status but is still recognized in court. Code arising from having unlawful carnal knowledge of a girl, it is a good defence Same goes for the stereotype that suggests that when you marry someone under the law of custom all you have to do to divorce your spouse is to leave him or her. Marriage is a union of a man and a woman to become husband and wife. is sufficient and cannot be questioned in any court. To examine the attitude of Nigerian courts to customary arbitration. Different types of marriage exist in the Nigeria today. Some people accept gift items others collect cash while others yet collect both. knowledge of her under the Criminal Code Act. Thankfully, some states have taken it upon themselves to negate this injustice, setting the legal age at 16 even for customary law marriages. Within this diversity, unity is evident. Next comes the process of discussing how much of the dowry should be repaid to the husband. Statutory marriage is basically a marriage under the Marriage Act. This lacuna in the rule of customary law has to a Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. The divorce process of a customary marriage is much simpler than of that under the Marriage Act. Thus, it can be dissolved without any external judicial involvement. However, it also has numerous drawbacks and needs to be improved. The marriage of customary law throughout the study is seen from the point of view of the Yoruba, marrying Igbo, Efik or Hausa, etc., or vice versa. One of the most prominent examples of customary law is the Nigerian marriage practice, which is the main subject of this article. The bride price is a mandatory part of the customary marriage. a) An Act marriage following the position in England, as in India, is "the Want to find out more about the customary law in Nigeria? This kind of marriage also requires two types of consent – consent of the parties and parental consent. of customary-law marriage. Now you know all about the customary law marriage practice in Nigeria and how people get divorced in such situations. Nigeria has many types of customary marriages, as diverse as the country ’s numerous cultures. Customary marriage meaning, definition, and what it entails. About us | | Since there is no official registry keeping track of all customary law marriages, the court can’t verify whether such a marriage exists, unless the couple can provide witnesses of the ceremony. Customary marriage seems to be the strongest of all the marital forms in Ghana and highly recognized. Thus, we have hundreds of child marriages, and all the evils attached to them. between or in respect of persons either of whom is under the age of sixteen shall be void'. husband and wife of a statutory marriage, this is clearly specified. . HON. on December 27, 1972 and therefore entitled to be granted its custody. reasonable. They have criminal and civil jurisdictions. A customary marriage is not only concluded between 2 individuals, but also extends to their respective families. Traditional wedding celebrations vary significantly across different communities except for a few standard practices. Customary law is the law that captures the norms, traditions and rules of behaviour of the people. The celebration of marriage under the act in Nigeria is regulated by the Marriage Act and is usually referred to as statutory marriage. If both partners come to a mutual agreement, then they meet with their parents, elders, and middlemen, and decide on the next step for the dissolution. The core features of Customary marriage include: Parental consent, Consent of the parties to the marriage and Age Bride price or dowry, Prohibited degrees of consanguinity and affinity and Capacity to … The people dictate what is legal, and not the court. This provision seems too wide for the purpose of attaining Except for the cases which have reached the courts, evidence abound that the or a fine of two hundred Naira for any person to ask, receive or obtain any While in some areas child betrothal is rampant, marriage does not in While in a “normal” marriage the divorce can drag out for months, due to one party refusing to comply, here, everything is more straightforward. In Nigeria this involves the paying of bride price, giving of gifts, etc. After the price is agreed upon, the money is handed over to the husband through the middlemen. Nigeria’s Marriage Beliefs. Whatever state you are in Nigeria you’ll find … FATIMA A. NAHUCHE [1]. to another, the broad principles are sometimes similar. However, monogamous marriage is Nigeria is the same as in England. was his wife. Both must be … Continue reading below! Civil marriages are registered with home affairs and usually the couple are provided with a marriage certificate. That piece of evidence was not contradicted or questioned. Thus it is always monogamous. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. a) An Act marriage following the position in England, as in India, is "the voluntary union for life of one man and one woman to the exclusion of all others"20. TYPES OF MARRIAGES IN NIGERIA. According to this tradition, the groom is made to undergo a rigorous act of bravery before he is able to wed a Fulani lady. 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Similarly it is an offence to give, The study will cover the whole of Nigeria. … . Interesting fact: An adult man can marry without the consent of his parents, but it’s impossible to do so for a woman since then the next requirement can’t be met. This is all the more so apparent given that the widow is property to be inherited. To define marriage, types of marriage in Nigeria. The bride price is usually paid to the bride’s father. Nigerian civil marriage also known as statutory marriage and popularly known as court wedding in Nigeria is where the couple registers their marriage under the Marriage Act of Nigeria. >>>> Consent of the parties for Customary Marriages, Home | | If you are interested in celebrating a customary law marriage yourself, you’ll find all the necessary requirements listed below. CUSTOMARY LAW IN NIGERIA: COMMENTS ON EZEAKU V. OKONKWO1 Babatunde A. Oni This comment reviews the Nigerian Court of Appeal decision in Ezeaku v. Okonkwo (2012) All FWLR Part 654 @ Page 128 which considered the dissolution of marriage contracted under customary law. This is particularly true of the dissolution regime of marriages contracted under customary law, features of which are not as rigid and formal as statutory marriages. Marrying a girl or a woman against her will is always illegal in Nigeria, no matter the law. The second kind is conducted under customary law and can be polygamous as well as monogamous. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. by Nigerian law. READ ALSO: Is change of name in Nigeria after marriage a difficult process? The amount largely depends on the length of the marriage and whether or not any children were born. Section the legal and natural father of a female child born by the second appellant Customary marriage meaning, definition, and what it entails Customary marriage is union-negotiated, celebrated, and concluded by African customary laws. Both types of laws exist in parallel to each other. J., (as he then was) held that the marriage in question contravened section The Fulani Sharo Tradition. Sitemap | This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Customary Marriage is one contracted in accordance with Native Law and Custom. Broadly speaking there are two types of marriages in Nigeria, which are Marriage under the Act, which is known as Statutory Marriage and there is also the Traditional/Customary marriage. Civil or statutory marriage in Nigeria. Customary Marriage: This is the bride price payment. This is because Section 6 of the 1.1 Statutory marriage. was celebrated. the second appellant and her father gave evidence in the lower court that the a void marriage is charged with any of the sexual offences under the Cnminal If a party to such a void marriage is … Unlike civil marriages, customary unions occur gradually and are not concluded by single event such as a ceremonial signing of an official document. 3(1) of the Law provides that 'A marriage . However, there has been a noticeable trend regarding formal recognition of customary laws. A wedding ceremony and celebration must be held, during which the bride will be handed over to the groom’s family. The issues concerning customary law marriages has been a popular topic in Nigeria for decades. Most systems of customary law in Nigeria do not prescribe any age for the solemnization and Borgu - thirteen years;In Borgu and idoma, any man who marries a girl below In Nigeria this involves the paying of bride price, giving of gifts, etc. In some parts of the country, the minimum age for customary-law marriage has Marriage is a universal institution which is recognized and respected all over the world. Which CDMA has the best network in Ibadan outskirt? the legal effects of customary law marriage in nigeria,law project topics and materials,customary law marriage in nigeria of marriage which is void under the Law. Thus marriages contracted under customary law are valid marriages in the eyes of the law provided such marriages complied strictly with the native law and custom governing marriages in the … In it, every necessarily details concerning both families are taken note of. in the three Eastern States of Nigeria by the Age of Marriage Law 1956. lo prove that the accused had reasonable cause to believe that the girl in question the marriageable age for girls has been fixed by the various Declarations of Customary Marriage in Nigeria Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. A customary law can only exist if two requirements are met: A customary law has power not because some influential person or company enforces it, but because of the collective mindset of the population. This is also known as marriage under the Act because it is governed by the Marriage Act Laws of the Federation of Nigeria (LFN) 1990, it was referred to as Marriage Ordinance before it was re-enacted into an Act. News | | Nigeria, being a country of diverse people and culture, presents a deluge of customs, usages and traditions governing marriage, dissloution and custody relative to each community. When parties (marriage is a contract) contract a customary law marriage, and later a statutory marriage, the statutory marriage in effect suspends the customary law marriage pending the dissolution of the statutory marriage by any court of competent jurisdiction. The two types of marriage persisting in Nigeria - statutory marriages and customary marriages - differ considerably in character and consequences, although there may be similarities as well. the parties lo customary-law marriage, which is a system of marriage recognized However, this comes with its own legal implications. made possible for courts to determine the validity or invalidity of a marriage. such void marriage. (Borno State), Idoma, and Tiv (Benue State), and Borgu (Kwara State) — If you know anyone that could be interested in the information provided above, be sure to share this with them! In some parts of the country, the minimum age for customary-law marriage has been fixed by legislation. By section 4(1) of the Law, it is an offence punishable with six months' imprisonment In Emeakuana v Umeojiako.m the respondent claimed for an order that he is . between or in respect of persons either of whom is under the age of sixteen shall be void'. This involves the use of primary sources such as case laws, and the use of secondary sources of data collection such as textbooks written by eminent authors, journals, Articles, newspaper as well as internet sources etc. But be warned, some of these may vary region to region, so it is better to contact someone with experience in your particular location. The customary court is responsible for enforcing the ethnic customary laws. What does it mean? evils. The purpose of this post is to give you an idea of what to budget for when preparing for an Igbo traditional marriage ceremony. Biu—fourteen years; Idoma — twelve years; Tiv — age of puberty;" Section 3(1) of the Law provides that 'A marriage . absence of such qualification it is submitted that 'husband and wife' includes Thus, while most traditional laws have to be forced onto the common people, the former works the other way around. Customary marriage is union-negotiated, celebrated, and concluded by African customary laws. Nigerians believe in marriage. Traditional wedding celebrations vary significantly across different communities except for a few standard practices. fact take place until the parties have attained the age of puberty. The following ages for girls have been prescribed for the respective areas: Privacy Policy | law marriages. law to marry each other. After the woman’s consent is given, the customary marriage ceremony as practiced by the bride’s ethnic group are performed by the groom’s family head, either the father or the uncle. Important: The payment has to be made for the sole purpose of a marriage that is either planned or has already taken place. Discover the truth behind the age of consent in Nigeria. for six months, or both. It is marriage that Lord Penzance called voluntary union for the life of one man and one woman to the exclusion of all others, whereas polygamous marriage can be defined as a voluntary union for … Articles XML | A customary marriage is one where spouses are married in terms of customs and tradition. In most cases, customary marriages are dissolved with the involvement of two families, representing both the husband and the wife. In the Southern part of Nigeria, the courts are known as Customary or District Courts while in the Northern part of Nigeria, they are called Area Courts. 3(1) of the Age of Marriage Law and was, therefore, void. If a party to such The biggest controversy surrounding customary law marriages is that there isn’t any age restriction. This kind of marriage also requires two types of consent – consent of the parties and parental consent. In these cases, ignorance of the parties' age is no defence Native marriage law and custom Orders made in respect of these areas. It is regulated by the Native Law and Custom, making it completely legal in terms of the law in Nigeria. Where a girl under sixteen years marries under customary law, the consumation of that marriage does not constitute the sexual offence of having unlawful carnal Although levirate marriage is one of the customary marriages of Egbudu-Akah people, it seems the definition of a “levirate child” was mis-interpreted and misused due to the already soured relationship between the elder Obiokolie and some members of the community, who in pursuit of personal vendetta, seized the opportunity as the convenient time to settle scores with him. ... 10. Latest Nigeria Articles | four Eastern States. It also examines the pluralistic nature of Nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the Nigerian legal system in particular. In the It has to be given to the parent or the guardian of the bride-to-be if she has none. A customary marriage is one where the spouses are married in terms of custom as opposed to the laws of a country, usually referred to a as civil marriage. large extent encouraged a high incidence of child marriage, with all its attendant Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is It is submitted that, at least, it should be Nigerian Marriage Customs that Scare People Away 1. Examine the legal effect of customary law marriage and the effects of contacting statutory marriage … The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. A widow of a customary law marriage, on the death of her husband is completely disinherited under the various customary laws in Nigeria. Usually, where a provision of the Code applies only to the For instance, the Registration of Marriages Adoptive By-laws Orders, 1956 which applies in those parts of Lagos, Ogun, Oyo, Ondo and Bendel States where the by-laws have been adopted requires a customary law husband to register the marriage within one month of its celebration. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. This type of marriages allows you skip a lot of the hassles usually associated with creating a Marriage Act. Customary law, which is the body of unwritten norms, rules and regulations accepted by a community and recognized, as binding on them is the main source of Nigerian family law. property or benefit of any kind for himself or for any other person on account Marriage under the Act is a marriage that has been performed in … So that there can be distilled some … ESSENTIAL VALIDITY OF MARRIAGE . The two types of marriage persisting in Nigeria - statutory marriages and customary marriages - differ considerably in character and consequences, although there may be similarities as well. The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. Archive | Marriage Laws in Nigeria Marriage is a sacred event hence, it has some laws guiding it to ensure full compliance and is even entrenched in a document called the “Marriage Act”. void by this legislation. Tags | There are essential and formal requirements for the celebration of valid customary
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