of customary-law marriage. The following ages for girls have been prescribed for the respective areas: In Nigeria this involves the paying of bride price, giving of gifts, etc. T here are 3 types of marriages in Nigeria vis;. The issues concerning customary law marriages has been a popular topic in Nigeria for decades. Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. 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. In it, every necessarily details concerning both families are taken note of. In Nigeria this involves the paying of bride price, giving of gifts, etc. This tradition entails flogging the potential groom publicly just before his nuptials. Next comes the process of discussing how much of the dowry should be repaid to the husband. made possible for courts to determine the validity or invalidity of a marriage. law marriages. ... 10. This lacuna in the rule of customary law has to a Thus it is always monogamous. between or in respect of persons either of whom is under the age of sixteen shall be void'. J., (as he then was) held that the marriage in question contravened section The parties to a marriage under the act must possess the necessary capacity. Marriage under the Act is a marriage that has been performed in … Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is was his wife. large extent encouraged a high incidence of child marriage, with all its attendant Whatever state you are in Nigeria you’ll find … The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. The celebration of marriage […] Dowry must be paid, either in the form of money or other types of property. 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. The amount largely depends on the length of the marriage and whether or not any children were born. 3(1) of the Age of Marriage Law and was, therefore, void. either of whom is under the age of sixteen shall be void'. to another, the broad principles are sometimes similar. This kind of marriage also requires two types of consent – consent of the parties and parental consent. In four Native Authority areas in three of the Northern States of Nigeria-Biu The court belongs to the lowest among the courts in Nigeria and non-legally trained individuals do … Except for the cases which have reached the courts, evidence abound that the Sitemap | Nigeria’s Marriage Beliefs. property or benefit of any kind for himself or for any other person on account 1.5 RESEARCH METHODOLOGY The methodology applied in this work is the doctrinal research methodology. CUSTOMARY MARRIAGES IN NIGERIA: MISCONCEPTIONS AND VULNERABILITY OF WOMEN. Thus, once a marriage is properly contracted in accordance with a valid Customar y Law that marriage is This is because Section 6 of the This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. between or in respect of persons the legal and natural father of a female child born by the second appellant It is generally classified as being polygamous yet it is recognized under the law (Matrimonial Causes Act, Section 35). been fixed by legislation. or a fine of two hundred Naira for any person to ask, receive or obtain any No system of customary law in Nigeria confers a beneficial right in a widow in the deceased husband’s estate, except indirect benefits through her children’s right, if any. Latest Nigeria Articles | Usually, where a provision of the Code applies only to the Section 3(1) of the Law provides that 'A marriage . Traditional/Customary marriage is a wedding ceremony that has been conducted in accordance with the customs of the bride and groom’s families. prohibition of the Age of Marriage Law is not observed in many parts of the of the parties to the marriage. There are essential and formal requirements for the celebration of valid customary on December 27, 1972 and therefore entitled to be granted its custody. 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 … 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. The second kind is conducted under customary law and can be polygamous as well as monogamous. . Thus, while most traditional laws have to be forced onto the common people, the former works the other way around. Similarly it is an offence to give, Section 3(1) of the Law provides that 'A marriage . What does it mean? The customary court is responsible for enforcing the ethnic customary laws. Nigerians believe in marriage. HON. How to register for customary marriage in Ghana. Customary marriage meaning, definition, and what it entails. 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. The purpose of this post is to give you an idea of what to budget for when preparing for an Igbo traditional marriage ceremony. 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. Marriage is a union of a man and a woman to become husband and wife. That piece of evidence was not contradicted or questioned. ESSENTIAL VALIDITY OF MARRIAGE . The study will cover the whole of Nigeria. Within this diversity, unity is evident. 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. 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. So that there can be distilled some … 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. Statutory marriage is basically a marriage under the Marriage Act. Customary Marriage: This is the bride price payment. 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. This Essay discusses the ¿religious law¿ and ¿customary law¿ paradigms in the context of the Nigerian legal system. such void marriage. confer on, or procure from any person any property or benefit in relation to 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. Articles XML | Examine the legal effect of customary law marriage and the effects of contacting statutory marriage … four Eastern States. Customary laws … … Traditional wedding celebrations vary significantly across different communities except for a few standard practices. The celebration of marriage under the act in Nigeria is regulated by the Marriage Act and is usually referred to as statutory marriage. Tags | Section It reasoned that customary marriage in Nigeria cannot be dissolved by mere 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). Which CDMA has the best network in Ibadan outskirt? 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 … Traditional wedding celebrations vary significantly across different communities except for a few standard practices. 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 … (Borno State), Idoma, and Tiv (Benue State), and Borgu (Kwara State) — Under Section 6, no court shall take cognizance of any marriage that is made 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. reasonable. To define marriage, types of marriage in Nigeria. It is the law propelled by the worldview, beliefs, philosophies and value system of the people. When the age of a person is in issue in a prosecution There are two kinds of marriages accepted under Nigerian law. Nigeria has many types of customary marriages, as diverse as the country ’s numerous cultures. TYPES OF MARRIAGES IN NIGERIA. Discover the truth behind the age of consent in Nigeria, Gay marriage law in Nigeria: interesting facts. This work will reveal how custody of a child is managed under customary marriage and native laws in Nigeria. In some parts of the country, the minimum age for customary-law marriage has been fixed by legislation. BY . Customary marriage seems to be the strongest of all the marital forms in Ghana and highly recognized. 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. Contact us | | 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. Now you know all about the customary law marriage practice in Nigeria and how people get divorced in such situations. It has to be given to the parent or the guardian of the bride-to-be if she has none. This section should, therefore, be construed accordingly so as to make its contents While in some areas child betrothal is rampant, marriage does not in and Borgu - thirteen years;In Borgu and idoma, any man who marries a girl below Both must be … Biu—fourteen years; Idoma — twelve years; Tiv — age of puberty;" Customary Marriage is one contracted in accordance with Native Law and Custom. In the the second appellant and her father gave evidence in the lower court that the under the Law, the opinion of a qualified medical practioner on that question In most cases, customary marriages are dissolved with the involvement of two families, representing both the husband and the wife. Unlike civil marriages, customary unions occur gradually and are not concluded by single event such as a ceremonial signing of an official document. was celebrated. between or in respect of persons either of whom is under the age of sixteen shall be void'. Under this Act, marriage is defined as a voluntary union between a man and a woman to the exclusion of others. 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 … This work not only examines the concept of marriage, but takes a step forward in identifying the problems that affect customary marriage in Nigeria. Both This is all the more so apparent given that the widow is property to be inherited. A customary marriage is one where spouses are married in terms of customs and tradition. 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. 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