MARRIAGE IN NIGERIA
Marriage is the union between a man and a woman. The current trends in Nigeria have shown that a man can marry more than one wife, most especially within the northern and western part of Nigeria, where the culture permits the traditional rulers and even ordinary individual to take as many wives as they desire.
TYPES OF MARRIAGE
Marriage in Nigeria basically includes;
- Traditional/customary marriage.
- Church marriage
- Islamic marriage
- Statutory marriage
Traditional/Customary Marriage is a marriage conducted in accordance with Native Law and Customs that is applicable to the norms of where either Party to the intended marriage comes from. All the geopolitical zones in Nigeria have their own unique way of conducting a traditional marriage. For instance in the south-East zone, the marriage rite varies according to the village rules set up by the kindred in those villages. It is always a big ceremony in most zones.
Steps to conducting traditional marriage in some village in south-East Zones include;
- Introduction of family members.
- Collection of marriage requirement list.
- Negotiation of marriage list by family members.
- Payment of dowry.
- Traditional marriage ceremony.
Emphatically Nigerian marriages are basically conducted according to religious beliefs. There are two major religion in Nigeria;
- Christian Religion: Christians conduct their marriage in Church by a a licensed minister of God.
- Islamic Religion: Muslims conduct their marriage according to their Islamic procedure by an Imam.
Church marriage: Church marriage is a marriage between a man and a woman conducted in a licensed place of worship by a licensed minister.
NOTE that not all churches can conduct a valid marriage “a place of worship registered under the Corporate Affairs Commission but not given license by the marriage registrar cannot conduct a valid church marriage. Also a minister without license cannot conduct a valid church marriage. Mostly in Nigerian marriage people consider church marriage as the most important marriage because of the blessing given by the officiating minister and also the marriage certificate they receive after marriage.
It is on this premise that there is presumption that a Nigeria church is superior to other forms of marriage.
Step to conducting a church marriage in some churches in Nigeria includes;
- Informing the church of intention to marry.
- Intending Couples are sent to conduct medicals.
- Notification of the marriage registrar of the marriage intention.
- Publication of marriage bans
- Marriage counseling/classes.
- Church wedding conducted in an open space witnessed by more than two persons within the hours of 9am-4pm.
Undoubtedly, In Nigerian marriage the normal procedure is traditional marriage before church marriage hence current trend shows that people now conduct traditional marriages after their church marriage as reception in the bid to cut cost. However most people just pay bride price a day before the church marriage.
Still in the bid to further cut cost some conduct “indoor” traditional marriage with few family members and friends in the bride’s family parlor.
Islamic marriage: Islamic marriage is marriage conducted in accordance with Islamic custom, witnessed by family and friends; it is usually polygamous in nature.
Steps to conducting an Islamic marriage in Nigeria includes;
- The groom informs the bride’s family of his intention to marry their daughter.
- The bride and the groom family present gifts to each other.
- Signing of marriage document before an Imam.
- The marriage ceremony.
Statutory Marriage is marriage conducted in accordance to the Marriage Act. This type of marriage is conducted in the Court registry; it involves one man and one woman.
The element of a statutory marriage includes;
- The parties’ legal ability of contracting to marry.
- Mutual consent or agreement.
- Marriage contract as required by law.
Steps to conducting statutory marriage in accordance with the Marriage Act.
- Any person intending to get marry shall give notice to the registrar in the district where the marriage is intended to take place.
- Payment of the prescribed fee will be made to the registrar, after which the couples will fill and sign the notice form.
- When the registrar receives the notice it shall be entered in a marriage notice book.
- After which the registrar shall publish a copy of the of the noticed in his outer door for 21 days for anyone who is against the marriage holding to object, if there are no objection, then the registrar will issues a Certificate.
- The marriage shall take place within three months after the date of the notice. If the marriage did not take place within three months after the date the notice shall be void and a fresh notice shall be given before the parties can lawfully marry.
What constitutes a void or voidable statutory marriage.
Void Marriage
A marriage is void if the marriage is invalid from inception, it cannot be made valid and it can be terminated by any of the parties without obtaining a court order. A marriage is void in the following cases.
- Either of the parties at the time of the marriage is lawfully married to some other person.
- The parties are within the prohibited degree of consanguinity and affinity.
- The marriage is not valid under the law of the place where the marriage takes place, by reason of a failure to comply with the requirement of the law of the with respect to the form of solemnization of marriage.
- The consent of the parties is not real consent because;
- It was obtain by duress or fraud
- The party is mistaken at to the identity of the other party or as to the nature of the ceremony performed.
- The party is incapable of understanding the nature of the marriage contract.
- Either of the party is not of marriageable age.
- In a place other than officer of a registrar of marriage or a licensed place of worship, by a licensed minister. A place of worship registered under the corporate affairs commission but not given licensed by the marriage registrar cannot conduct a legal marriage. Also a minister without license that not conduct a valid marriage.
If a person that is not licensed by the marriage registrar conduct a marriage knowing that the marriage will be void shall be liable to imprisonment of five years.
VOIDABLE MARRIAGE
Voidable marriage is a marriage that is initially invalid but that remain in effect unless terminated by the court order.
Either of the parties to the marriage is incapable of consummating the marriage.
- Either of the party to the marriage is;
- Of unsound mind.
- Mental defective.
- Subject to reoccurrence attack of insanity of epilepsy.
- Either of the parties to the marriage is suffering from a venereal disease in a communicable form.
- The wife is pregnant by a person other than the husband.
