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 parts of Nigeria, where the culture permits the traditional rulers and even ordinary individuals to take as many wives as they desire.

TYPES OF MARRIAGE

Marriage in Nigeria 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 apply to the norms of where either

Party to the intended marriage comes from. All the geopolitical zones in Nigeria have their 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 the traditional marriage in some villages in south-East Zones include;

Introduction of family members.
Collection of the marriage requirement list.
Negotiation of marriage list by family members.
Payment of dowry.
Traditional marriage ceremony.

In Nigerian marriages are conducted according to religious beliefs. There are two major religions in Nigeria;

Christian Religion: Christians conduct their marriage in Church by 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 a 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 a presumption that a Nigerian church is superior to other forms of marriage.

Step to conducting a church marriage in some churches in Nigeria includes;

Informing the church of the intention to marry.
Intending Couples are sent to conduct medicals.
Notification of the marriage registrar of the marriage intention.
Publication of marriage bans
Marriage counselling/classes.
Church wedding is conducted in an open space witnessed by more than two persons within the hours of 9am-4pm.

In Nigerian marriage, the normal procedure is traditional marriage before church marriage but the current trend shows that people now conduct traditional marriages after their church marriage as reception in a bid to cut costs. So most people just pay the 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 parlour.

Islamic marriage: Islamic marriage is a marriage conducted in accordance with Islamic custom, witnessed by family and friends. It is usually polygamous.

Steps to conducting an Islamic marriage in Nigeria include;

The groom informs the bride’s family of his intention to marry their daughter.
The bride and the groom’s family present gifts to each other.
The signing of marriage documents before an Imam.
The marriage ceremony.

Statutory Marriage is a marriage conducted in accordance with 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 to contract to marry.
Mutual consent or agreement.
Marriage contract as required by law.

Steps to conducting the statutory marriage in accordance with the Marriage Act.

Any person intending to get married 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 out 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 notice on his outer door for 21 days for anyone who is against the marriage holding to object, if there is no objection, then the registrar will issue 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 if there is a failure to comply with the requirement of the law with respect to the form of solemnization of marriage.
The consent of the parties is not real consent because;
It was obtained by duress or fraud
The party is mistaken as 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 the 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 a license by the marriage registrar cannot conduct a legal marriage. Also, a minister without a license that not conduct a valid marriage.

If a person that is not licensed by the marriage registrar conducts a marriage knowing that the marriage will be void shall be liable to imprisonment of five years.

VOIDABLE MARRIAGE.

A voidable marriage is an initially invalid marriage that remains in effect unless terminated by a court order. A marriage is voidable in the following instance;

1. Either of the parties to the marriage is incapable of consummating the marriage.

2. 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.