In many Nigerian patriarchal cultures, women bear and raise children but the children 'belong' to the man. Registration Of Customary Law Marriages The Legal Effect of Customary Marriage in Nigeria ... 1.2. A non-Nigerian does not have the capacity to conduct a valid customary marriage with a Nigerian that will be recognised under the law. Old tribal traditions disappear and more Nigerians adopt Western marriage concepts. The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. As a social institution, marriage is founded and governed by the social and religious norms of society[1]. 561 illustrates what is sometimes called an " internal " or " inter-personal " conflict of laws. Practical Implications of Customary Marriage - IND2601 ... It is generally classified as being polygamous yet it is recognized under the law (Matrimonial Causes Act, Section 35). The Legal Effects of Customary Law Marriage in Nigeria ... Keywords Marriage, Statutory Marriage (Monogamous Marriage), Customary Marriage How to cite this paper: Ijalana, E. F., & Agbana, J. O. Customary and Islamic law marriages are potentially polygamous (11). The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do preside over the court. A customary marriage is one where spouses are married in terms of customs and tradition. Dissolution of Islamic and Customary in Law Marriages in ... Old tribal traditions disappear and more Nigerians adopt Western marriage concepts [9]. `CUSTOMARY LAW MARRIAGE; Statutory marriage is different from Customary marriage. This lacuna in the rule of customary law has to a large extent encouraged a high incidence of child marriage, with all its attendant evils. AN OVERVIEW OF MARRIAGE LAWS IN NIGERIA - Resolution law firm This is hinged on the overarching principle of customary law that denies a mother's . PDF A Critical Appraisal of the Concept of Double-Decker ... (Doc) a Comparative Exposition of Customary Law Marriage ... DNA Test Is Not The Only Proof Of Paternity Under Nigerian ... 4.2. 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. A Critical Appraisal of the Concept of Double-Decker ... Customary Law Marriage. The validity of customary law marriage as a result of these elements, how this customary law marriage is being performed or celebrated in the society. statute (which prescribes monogamy) or under customary law (which permits polygamy). Surprisingly, it did not prohibit polygamy4. This system of marriage was also prevalent in other African countries. Find out the legal effect of customary marriage in Nigeria. Statutory marriage is basically a marriage under the Marriage Act. . Any person may on the payment of the appropriate fees inspect or make copies of the contents of the marriage register. (1) The Nigerian Marriage Acts. 48. . limited to the obtainable practice in the Nigerian legal system particularly in the southern area of the country. In the Nigerian traditional and customary law system, marriage is not restricted to just a man and a woman rather a man and many wives and vice versa. It also contains the ground in which customary law marriage can be void and voidable including various ways in which marriage under Nigeria Customary Law can be dissolved in Nigeria. In Nigeria, customary law may be divided into two classes: (i) ethnic or non-Moslem customary law and (ii) Moslem law.Moslem law is religious law based on the Moslem faith and applicable to members of the faith or those under the influence of Islamic Civilization.. Can a man marry two wives legally in Nigeria? Broadly speaking there are 2 types of marriage in Nigeria, there is Marriage under the Act and Traditional/Customary marriage.. Traditional/Customary marriage is a marriage ceremony that has been conducted in accordance with the customs of the bride and groom's families. 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. larly the issuance of marriage certificate in customary marriage system. Customary laws vary from community to community but, The growth and development of contemporary society in Nigeria and present social, political and economic pains (particularly in an economy in recession),being inflicted on per second dosage on most Nigerians have had grave or adverse effect on the life span and sustenance of marriages in . In Okpanum v. Okpanum 1972 2 ECSLR 561, the High Court of East Central State of Nigeria held that in order to constitute a valid customary marriage, there must be parental consent and mutual agreement between the parties. It is considered a most unfortunate situation for a woman DISSOLUTION: In Nigeria, Statutory Marriage can only be validly dissolved by the various state's High Courts but a Customary Marriage can be dissolve by either the man or the woman 1 Like Re: The Difference Between Customary Law Marriage And Statutory Marriage. The second kind is conducted under customary law and can be polygamous as well as monogamous. It also contains the ground in which customary law marriage can be void and voidable including various ways in which marriage under Nigeria Customary Law can be dissolved in Nigeria. The item Customary divorce among the Efik Tribe of Calibar, Nigeria, prepared by Neil R. McDonald represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Bowdoin College Library. Investigate the importance of customary marriage in Nigeria. Downloadable! Therefore, the sanctity of marriage is a well accepted principle in the world community. Image 4 of Customary Marriage and Divorce Law in Nigeria. Nigeria has numerous types of customary marriages, as different as the country' s numerous cultures. Image 11 of [Customary Law of Nigeria: Marriage, Divorce, and Legitimation of Children]. 2.3 the customary and statutory marriage in nigeria. Explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria. Double-Decker Marriage under Nigerian Law (a) Termination by Divorce The argument of the Conversion theorists'' was that, once couples after their customary marriage undergo a statutory marriage, the former customary marriage automatically converts its legality to the latter statutory marriage, thus customary marriage, register the . Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom's families. As a social institution, marriage is founded and governed by the social and religious norms of society. Examine the legal effect of customary law marriage and the effects of contacting statutory marriage with the same person and with a 3rd party. This clearly means that an action for the dissolution of a customary marriage in any part of Nigeria can be instituted in any customary court in Edo and Delta States, provided the defendant was at the time the cause of action arose within the jurisdiction of the court at the time the cause of action arose.In the case of Aiyelabagan v . 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. Basically, these are two types of marriage recognizable under Nigerian law. This trend has led to an unprecedented increase in customary law marriage in Nigeria. There are four (4) main types of marriages in Nigeria. Statutory marriage, sometimes referred to as court marriage or registry marriage in Nigeria is regulated by statutory law. The core features of customary marriage include: Parental consent, Consent of the parties to the marriage and Age The first one is a wedding performed with the signing of a Marriage Act, and it only allows monogamy. Customary Marriage: This is also known as common law marriage. The living together must commence from the inception of the marriage. Customary marriage is actually a union of a male and a female under customary law. In a civil or customary marriage, the spouses have a reciprocal duty to maintain each other as well as any children of the union. s. 32). Types of Marriage in Nigeria. This Essay discusses the 'religious law' and 'customary law' paradigms in the context of the Nigerian legal system. This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. Having settled the causes of double-decker marriage, it is necessary to examine the implication and effect of such marriages in Nigeria. Where there no valid customary law marriage the customary court will not have jurisdiction to dissolve an association of man and woman and also make an order relating to guardianship and custody or custody of children under such association. 2.5 the three different sources of nigerian law of marriage and divorce and the contemporary situation in nigeria. This resulted in the South African Law Commission's discussion paper on "The harmonisation of the common law and the indigenous law". This item is available to borrow from 1 library branch. 2. Uncertainty of the law in matters of legitimacy should, it is submitted, be avoided at all cost. that neither of the parties to the intended marriage is married by customary law to any person other than the person with whom such marriage is . It also involves 2 families. It is in fact a union of the two families to the marriage. 2.6 legal effects of marriages. This kind of marriage also requires two types of consent - consent of the parties and parental consent. chapter three 3. THE LEGAL EFFECTS OF CUSTOMARY LAW MARRIAGE IN NIGERIA - PDF CHAPTER ONE INTRODUCTION 1.1 Background of the Study Marriage is a universal institution recognized and respected throughout the world. 21 As a result of the Law Commission's work, Act 120 of 1998, namely the Recognition of Customary Marriages Act, was published and accented to on 2 December 1998. 2.4.2 dissolution of customary marriage. Find out the legal effect of customary marriage in Nigeria. Since the decision in Lewis v Bankole … 'customary law has been stated to be unwritten customary law, recognized as law by the members of an ethnic group and it is a mirror of accepted usage' … on the other hand, it is a notorious fact that Moslem law is written in the Holy Koran, in the numerous books of the Hadith … the explanation . After the parties shall have lived together, the wife may obtain leave to visit her parents for a short period." In Nigeria there is no 3. Explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria. Therefore, the sanctity of marriage is a well-accepted principle in the world community. 14. Traditional marriages do not enjoy the full rights accorded to English marriage (that is marriage according to the law). The Dissolution of Customary Law Marriage in Nigeria and Intestate Inheritance: A Review of the Supreme Court Decision in Okonkwo v Ezeaku Mary-Ann Onoshioke Ajayi, PhD1 Abstract Marriage in Nigeria, can either be statutory or customary (including Islamic) and the incidences as well as the dissolution, of any of these marriages, is regulated by the applicable system of law. Old tribal traditions disappear and more Nigerians adopt Western marriage concepts. Most systems of customary law in Nigeria do not prescribe any age for the solemnization of customary-law marriage. Nigeria, as part of the wider African society, has been generally characterized by arranged marriages, polygamous marriages and others. Both must be expressed beforehand. These statutes are the Marriage Act and Matrimonial Causes Act. Marriage has been defined as a voluntary union between a man and a woman or women (in the case of customary marriage) for life to the exclusion of any other. In other words, it is a legal union which exists between a man and a wife(s). The practice is acceptable world over and it is usually legally recognized. This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. In Nigeria, though there exist a statutory marriage which is . The Legal Effects Of Customary Law Marriage In Nigeria . Islamic law marriage involves a dowry paid directly to the women to be married. Furthermore, (Mwalimu, 2005) The discourse on these two systems of procedure will be . A new normal is possible! Statutory marriage is a monogamous marriage. . (2021). The second is however, marriage contracted under native law and custom . 2.4 requirement of a valid customary marriage. The Sharia/ Muslim law on the other hand is equally a part of the customary law. Section 69 of the Matrimonial Causes Act of 1970 indicates, for the purposes of maintenance, custody and settlements upon divorce, that "'marriage' includes a purported marriage that is void, but does not include one entered into according to Muslim rites or other customary law" (Nigeria 1970). This rule has limited application in the Northern parts of Nigeria where only non-Africans are disqualified from conducting valid customary law marriages with indigenes of Nigeria. 2. A Critcal Ai ppraisal of the Concept of Double-Decker Marriage under the Nigerian Family Law. 2.2 types of marriage in nigeria. 2. 2.4.2 dissolution of customary marriage. Subject to certain exceptions the formal validity of a marriage is governed by the lex loci celebrationis (the law of the place where the marriage was celebrated). A customary law marriage can be dissolved without any judicial pronouncement or intervention. . The Nigerian Marriage Act have given validity to this practice by enabling persons who are married under customary law to marry each other under the statute (Nwogugu, 1985). Nigeria, as part of the wider African society, has been generally characterized by arranged marriages, polygamous marriages and others. Nigeria, as part of the wider African society, has been generally characterized by arranged marriages, polygamous marriages and others. Boateng, cited in Ardayfio-Schandorf . The Dissolution of Customary Law Marriage in Nigeria and Intestate Inheritance: A Review of the Supreme Court Decision in Okonkwo v Ezeaku Mary-Ann Onoshioke Ajayi, PhD 1 Abstract Marriage in Nigeria, can either be statutory or customary (including Islamic) and the incidences as well as the dissolution, of any of these marriages, is regulated by the applicable system of law. For a marriage to be subject to Customary law, the ceremonies for consecrating the marriage under that The customary court is responsible for enforcing the ethnic customary laws. Customary marriage 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. Beijing Law Review, 12, 1163-1178. 2.5 the three different sources of nigerian law of marriage and divorce and the contemporary situation in nigeria. mind or absent from Nigeria, of the mother, or if both be dead or of unsound mind or . Customary Law marriage can be defined as the marriage contracted in accordance with Native Law and Custom of a particular ethnic group. What is the legal effect of customary marriage in Nigeria. CONFLICT BETWEEN STATUTORY AND CUSTOMARY LAW OF MARRIAGE IN NIGERIA THE Privy Council case of Bamgbose v. Dclrwuel [1954] 3 W.L.R. 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. It reasoned that customary marriage in Nigeria cannot be dissolved by mere Marrying multiple wives is a lot less common among educated people in Nigeria but . The registration is effected in the proper books of the Local Government. Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands. law like Kenya, Ghana, Congo and Nigeria, a customary law marriage may be dissolved either by non-judicial (extra-judicial) or judicial procedure. A COMPARATIVE EXPOSITION OF CUSTOMARY LAW MARRIAGE IN NIGERIA AND SOUTH AFRICA BY: PROF. FELICIA ANYOGU FACULTY OF LAW, NNAMDI AZIKIWE UNIVERSITY AWKA AND SOPHIA CHINEZE OBI-OKOYE PH.D FACULTY OF LAW NNAMDI AZIKIWE UNISERVISTY AWKA Abstract There are two basic types of marriage in Nigeria, the Monogamous and the Polygamous types of marriage noted for one man, one woman to the exclusion of . If a person marries under customary law, all the legal consequences of the marriage will be dictated by customary law. There can be no Benin customary marriage without the parties living together. 3 of 1863. 2.2 types of marriage in nigeria. Marrying a girl or a woman against her will is always illegal in Nigeria, no matter the law. Statutory marriage is a union of a man and a woman, while Customary marriage is a union of a man and a woman or more than one woman. There are two principal statutes that regulate statutory marriage in Nigeria. The purpose of this article is to examine the validity of a ceremony of a Nigerian customary law marriage that was celebrated outside Nigeria. Customary law of marriage in Nigeria. In contrast, civil law marriages must be monogamous and registered. READ ALSO: Eritrea marriage law: 2 wives. It is a marriage celebrated according to the customs and traditions of any local tribe in . As a social institution, marriage is founded and governed by the social and religious norms of society [1] . This trend has led to an unprecedented increase in customary law marriage in Nigeria. This trend has led to an unprecedented increase in customary law marriage in Nigeria. 2.4 requirement of a valid customary marriage. Examine the legal effect of customary law marriage and the effects of contacting statutory marriage with the same person and with a 3rd party. Old tribal traditions disappear and more Nigerians adopt Western marriage concepts [9]. Unlike customary law, Islamic law is not grounded in any particular locality in Nigeria and may operate in areas where it has not displaced the customary law. Child born by either the husband or wife before the marriage (including illegitimate or adopted child by either husband or wife) if at relevant time, the child was a member of the household of the husband or wife. Customary Law Marriage is not just a union of husband and wife to the exclusion of all others. The statutory marriage is based on the country's family law and dissolution of such marriage is regulated by the Matrimonial Causes Act. The validity of customary law marriage as a result of these elements, how this customary law marriage is being performed or celebrated in the society. For a marriage to be statutory, the marriage must be lawful, it must be with the consent of both parents and the parties involved. parents are married or urzarried Education and maintenance of a child by his father have boon considered sufficient acts of recognition Muslims and certain tribes in Nigeria consider a child legitimate only. English law marriage is the most complicated to conclude as will be seen later in the article, when compared to the other two systems of marriage in Nigeria. Image 5 of Customary Marriage and Divorce Law in Nigeria. It also involves two families. Find out the causes of conflict between the legal of statutory and customary marriage in Nigeria. The Legal Effects Of Customary Law Marriage In Nigeria. Nigeria, as part of the wider African society, has been generally characterized by arranged marriages, polygamous marriages and others. The spouses may . Explore the legitimacy of children of customary law marriage, rights of women in intestate succession and the resolution of customary law marriage in Nigeria. The registrar in this respect is a person appointed by a local government authority to register customary law marriages. Customary Marriage was the known system of marriage in Nigeria before the colonial era. Customary law marriage is the easiest marriage to contract in Nigeria. The first is marriage conducted under the marriage Act which is monogamous in nature. 2.3 the customary and statutory marriage in nigeria. 1 DISSOLUTION OF MARRIAGE AND CUSTODY OF CHILDREN UNDER CUSTOMARY LAW IN NIGERIA BRIGHT E. ONIHA* 1.0 Introduction According to Lord Westbury in Shaw v Gould1 Marriage is the foundation of the civil society and no part of the laws The study will cover the whole of Nigeria. THE LEGAL EFFECTS OF CUSTOMARY LAW MARRIAGE IN NIGERIA CHAPTER ONE INTRODUCTION 1.1 Background of the Study Marriage is a universal institution recognized and respected throughout the world. Under customary law, parties do not have equal rights in matters of marriage, dissolution and right of property because marriage is a union between two families (22). 2.6 legal effects of marriages. The institution of marriage is an integral part of the African culture. There are two kinds of marriages accepted under Nigerian law. One system is based on English law and celebrated in accordance with the Marriage Act (1958), Cap M6, Laws of the Federations of Nigeria 2004 (which hereinafter will be referred to as statutory marriage) while the other is based upon 'native law and custom' or more simply 'customary law'(which hereinafter will be referred to as traditional/customary marriage) This trend has led to an unprecedented increase in customary law marriage in Nigeria. 1. Therefore, the sanctity of marriage is a well accepted principle in the world community. Old tribal traditions disappear and more Nigerians adopt Western marriage concepts. In Nigeria, a marriage is considered legal if it is celebrated under the statutory law or customary and sharia law (Etomi, Asia, & Rotimi Williams' Chambers, 2019; Nwogugu, 2014; Oni, 2015). Marriage under most customary laws in Nigeria is meant to be a lifelong relationship between a man and a woman. Marriage is a universal institution recognized and respected throughout the world. O. KAHN-FREUND. 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. This trend has led to an unprecedented increase in customary law marriage in Nigeria. Marriage is a union of a man and woman to become husband and wife. 1 Results per page Download About this Item Title 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. Nigeria has many types of customary marriages, as diverse as the country 's numerous cultures. Examine the legal effect of customary law marriage and the effects of contacting statutory marriage with the same person and with a 3rd party. This means that children born out of wedlock under statutory law, will not have the customary law position based on section 69 MCA. 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. Contracting marriage by native law when already married by this Act. The main objective of this study is to find out the legal effect of customary marriage in Nigeria, specifically the study intends to: 1. "Every Benin customary marriage must be followed by cohabitation. The study will cover the whole of Nigeria. This Ordinance was replaced by the Marriage Act, ?8845, which 1 Ordinance No. Parental consent is also necessary before a valid customary marriage can take place. DNA test suffices for proof of paternity in marriages celebrated under the Marriage Act but does not extinguish or trump other forms of proof of paternity under customary law. What are the causes of conflict between the legal of statutory and customary marriage in Nigeria. Nigeria, as part of the wider African society, has been generally characterized by arranged marriages, polygamous marriages and others. Islamic law in Nigeria permits a man to have up to four wives. - The first Ordinance dealing with marriage was enacted in Nigeria in 18633. by PAGAN9JA ( m ): 1:18pm On Aug 11 , 2014 chapter three fl Nigeria 4 It is necessary for the husband to acquire a divorce from a Customary Court except in Lagos where the High Court has original jurisdiction which will ascertain and apply. Conclusively, DNA test is not the only way to prove paternity under Nigerian law. Footnote 11. 3. 1.4 Research Question.