JANEFRANCESS AGU, ESQ

20th Aug, 2023 : 9;16am

INTRODUCTION

Marriage, an institution that transcends time and cultures, is a fundamental cornerstone of societal structure. In the vibrant tapestry of Nigeria, a nation steeped in diverse traditions and legal frameworks, the concept of marriage takes on multifaceted dimensions. This article delves into the intricate layers that define the validity of marriages in Nigeria. Through an exploration of statutory and customary unions, we aim to decipher the complex interplay between cultural heritage and legal stipulations that govern this pivotal institution. Marriage, in its essence, is far more than a union between two individuals; it is a union that intertwines families, communities, and legal systems. In a diverse nation like Nigeria, where numerous ethnic groups coexist, marriage ceremonies are a mosaic of rituals, customs, and values. These ceremonies, while reflecting the rich cultural diversity of the nation, are also intricately connected to the legal provisions that define the legitimacy of a marital union. As such, understanding the components that contribute to a valid marriage is not only a matter of personal significance but also a legal necessity. The concept of a valid marriage extends beyond a mere formal union; it touches upon issues of consent, age, mental capacity, prohibited relationships, and the fundamentals of monogamy. Each of these facets reflects not only the individual rights of the parties involved but also the collective societal values that underpin the institution. The legal provisions are carefully crafted to ensure that marriages are entered into with informed consent, that parties have the capacity to understand the implications of their union, and that relationships adhere to established ethical norms. This article aims to dissect the intricate web of factors that govern the validation of marriages in Nigeria.

Defining the Marriage Spectrum: Statutory vs. Customary Unions

At the heart of the Nigerian marriage matrix lies the dichotomy between statutory and customary unions. These two distinct paradigms encapsulate the spectrum of marital unions within the nation, each bearing its own set of legal and cultural implications. Understanding the intricacies of these unions is essential to grasp the complex dynamics that shape the validity of marriages in Nigeria. Statutory marriages, as the name suggests, are marriages that are solemnized and governed by explicit legal statutes. The central legal instruments that regulate statutory marriages in Nigeria are the Marriage Act and the Matrimonial Causes Act. These legislations establish the legal foundation upon which the concept of a valid marriage is built.

The Marriage Act, enacted in 1914, sets out the parameters within which statutory marriages must operate. It defines marriage as the voluntary union of a man with a woman to the exclusion of all others.The Matrimonial Causes Act complements the Marriage Act by addressing the legal aspects of matrimonial disputes and dissolution. It provides a framework for seeking divorce and addressing issues arising from the breakdown of a marriage. This legal infrastructure underscores the importance of upholding the sanctity of marriage while acknowledging that marriages may face challenges that require legal intervention.

One distinguishing feature of customary marriages is their flexibility, as they adapt to the unique customs of each community. These unions may involve the payment of bride price, symbolic exchanges, and rituals that hold immense cultural significance. It is important to recognize that the lack of a standardized template for customary marriages reflects the rich diversity of Nigerian cultures. While this cultural diversity is a source of strength, it also presents challenges in harmonizing customary practices with legal requirements.

The Prerequisites for a Legally Valid Marriage

A common misconception that lingers in Nigerian society is the belief that cohabitation, or living together, automatically equates to a legally recognized marriage. NO.  This misunderstanding can lead to complex legal and social issues, as cohabitation does not confer the same rights and protections as a legally recognized marriage.The legal requisites for marriage extend far beyond the act of cohabitation. For a marriage to be legally valid, it must adhere to the stipulations set forth by the relevant legal statutes. Both statutory and customary marriages require adherence to specific conditions, ensuring that unions are not only founded on mutual consent but also on a well-defined legal framework. To comprehend the essence of a legally valid marriage in Nigeria, one must first familiarize themselves with the indispensable legal prerequisites that form the bedrock of both statutory and customary unions. Although distinctions may exist between the two, the fundamental criteria encompass:

1.  Age Limitation: The age factor is a pivotal determinant of a valid marriage, with the law stipulating a minimum age for both parties. This criterion, rooted in the imperative to protect vulnerable individuals from premature and potentially harmful unions, serves as a crucial safeguard against the exploitation of minors. Generally, 18 years of age is the benchmark for the legal marriageable age. However, it's noteworthy that Section 18 of the Marriage Act imposes a more stringent minimum of 21 years for statutory marriages. The rationale behind age limitations is twofold. First, it ensures that parties entering into marriage possess the emotional maturity and cognitive capacity to understand the gravity of their decision. Second, it prevents the early and often involuntary marriage of young individuals, particularly girls, who may be subjected to societal pressures and circumstances beyond their control. In cases where parties fall below the prescribed age limit, the law steps in to safeguard their interests. The consent of a parent, guardian, or even a court is required to legitimize the union. This additional layer of oversight underscores the principle that marriage is a profound commitment that demands a certain level of maturity and understanding.

2.  Consent and Preservation of the essence of Choice: Willful and uncoerced consent from both parties is the bedrock of any legally valid marriage. At the heart of this requirement is the recognition of marriage as a choice made by individuals based on their own free will. Consent forms the cornerstone of the marital contract, and any compromise to its authenticity undermines the integrity of the union. Consent obtained through deception, mistake, or undue influence invalidates the very essence of the union. For instance, if one party consents to marriage based on false information provided by the other party, the marriage is rendered void. This safeguard ensures that parties are fully informed about each other's backgrounds, intentions, and circumstances before embarking on the journey of marriage. The legal system recognizes the delicate power dynamics that can exist within relationships, particularly those involving vulnerability or dependency. The requirement of uncoerced consent is aimed at protecting individuals from entering marriages under duress, manipulation, or coercion. By upholding the sanctity of consent, the law safeguards the autonomy and agency of parties, ensuring that their decisions are genuine expressions of their intentions.

3. Mental Capacity:  Mental capacity is an essential criterion in the realm of marriage, ensuring that both parties possess the cognitive ability to comprehend the contractual nature and the lifelong implications of marriage. This prerequisite is not merely a legal technicality but a crucial safeguard against the exploitation of individuals who might be susceptible to manipulation due to diminished mental faculties. The legal system recognizes that parties entering into marriage should have the mental capacity to understand the rights and responsibilities they are undertaking. This is particularly pertinent when parties have varying degrees of cognitive ability or in cases where one party may be more vulnerable due to factors such as age, health, or disability. By assessing mental capacity, the law strives to prevent situations where individuals might be coerced into marriage without a genuine understanding of its implications. This protective measure ensures that both parties can meaningfully engage in the marital contract and exercise their rights and responsibilities throughout the union.

4.Prohibited Relationships: The legal framework places explicit restrictions on marriages between parties closely related by blood or marriage. This prohibition, firmly grounded in societal norms and ethical considerations, serves to safeguard the integrity of unions from potential conflicts of interest, exploitation, and harm. The concept of prohibited relationships extends to both consanguinity and affinity. Consanguinity refers to relationships by blood, including close family ties such as parent-child, sibling-sibling, and grandparent-grandchild. Affinity, on the other hand, pertains to relationships formed through marriage, encompassing step-parent and step-child relationships. These prohibitions serve multiple purposes. They prevent incestuous relationships that might lead to genetic disorders in offspring. They also mitigate the potential for undue influence or exploitation in cases where power dynamics might be skewed due to familial relationships. By delineating the boundaries of permissible relationships, the law aims to ensure that marriages are based on genuine emotional connections rather than ulterior motives.

5. Monogamy: Statutory marriages are inherently monogamous, stipulating that parties may have only one spouse. This principle underscores the exclusivity and commitment that underlie the marital relationship. In contrast, customary marriages might accommodate polygamy under specific circumstances, reflecting the diversity of cultural practices across Nigeria. The monogamy requirement within statutory marriages emphasizes the importance of commitment, fidelity, and loyalty between spouses. Parties entering into a monogamous statutory marriage must fully comprehend and willingly agree to the commitment to exclusivity. This requirement aligns with the evolving societal values that prioritize the equality and well-being of both parties in the marriage.

       In customary marriages, the stance on polygamy may vary based on cultural norms. However, even within customary unions, consent remains a cornerstone. All parties involved must be aware of the potential for polygamy and provide their uncoerced consent. This approach ensures that even within diverse cultural practices, the principles of autonomy and choice are upheld. These legal prerequisites for a valid marriage in Nigeria underscore the essence of autonomy, consent, and protection of vulnerable parties. These criteria form the foundation upon which the institution of marriage is built, ensuring that unions are based on mutual understanding, genuine intentions, and respect for individual rights. As we continue to navigate the legal landscape of marriages in Nigeria, it is essential to recognize the significance of these prerequisites in upholding the sanctity of this sacred institution.

Formalities required for the validity of marriages in Nigeria.

For statutory marriages, the journey towards a legally recognized and valid union transcends the fulfillment of the initial prerequisites. While meeting the age requirement, obtaining uncoerced consent, demonstrating mental capacity, and complying with prohibitions form the foundation, the validation of a statutory marriage necessitates adherence to a set of prescribed legal formalities. These procedural steps are not mere technicalities; rather, they are designed to ensure transparency, legality, and the sanctity of the marital contract. Each step contributes to the comprehensive framework that upholds the integrity of statutory marriages and provides a robust foundation for the union's recognition under Nigerian law.

1.  Conducting the Ceremony in Designated Venues: The solemnization of a statutory marriage mandates that the ceremony takes place within designated venues. These venues include registered places of worship or the office of a registrar. The choice of venue plays a pivotal role in assuring the legality of the proceedings. It not only signifies adherence to the legal stipulations but also underscores the significance of the marriage as a formal, regulated contract. Moreover, the officiating minister must hold a valid license to perform the marriage ceremony. This licensing requirement underscores the importance of competence, ensuring that the person presiding over the ceremony is knowledgeable about the legal framework and ethical considerations of marriage. By conducting the ceremony in designated venues and under the guidance of a licensed officiant, the legal system safeguards the authenticity and legitimacy of the union.

2.  Time and Accessibility Considerations: The timing of the marriage ceremony holds more than mere scheduling significance. Statutory marriages must occur within the stipulated hours of 8 am to 6 pm. This temporal constraint emphasizes the daylight hours and promotes transparency in the proceedings. By setting the bounds of permissible hours, the law aims to prevent covert or undocumented ceremonies that might compromise the legal validity of the marriage. Equally important is the accessibility aspect. Statutory marriage ceremonies must be open to the public, ensuring that interested parties can witness the proceedings. This transparency promotes accountability and safeguards against potential irregularities. Open-door ceremonies discourage secretive or clandestine unions that might bypass legal scrutiny, upholding the principles of legality and equal access to marital rights.

3. The Importance of Witnesses: In the intricate choreography of a statutory marriage, witnesses assume a pivotal role that extends beyond mere observation. The law mandates the presence of a minimum of two witnesses, in addition to the officiating minister, to validate the proceedings. These witnesses serve as more than silent observers; they attest to the legality of the union through their presence and testimony. The role of witnesses is multi-faceted. They bear witness to the exchange of vows, the consent of both parties, and the formalization of the marriage contract. Their presence serves as an added layer of authenticity, reinforcing the notion that the marriage was conducted according to established legal procedures. By requiring witnesses, the legal system bolsters the credibility of the union and ensures that there are individuals who can attest to the veracity of the proceedings.

4. Executing the Marriage Certificate: The execution of the marriage certificate is a pivotal step that crystallizes the legal status of the marriage. This certificate, often regarded as the tangible embodiment of the marital contract, is a document of immense significance. It must be signed by both parties entering into the marriage, witnessed by two individuals, and the officiating minister. These signatures serve as indelible proof that the parties willingly and knowingly entered into the union. The marriage certificate holds legal weight, serving as a form of documented evidence that the union took place and adhered to legal formalities. It encapsulates the essential elements of the marriage, including the names of the parties, the date of the ceremony, and the signatures of those who witnessed and officiated the proceedings. By executing the marriage certificate, the parties affirm their commitment to the union and provide legal authorities with a tangible record of the marriage.

5. Registrar Notification: The final step in solidifying the legality of a statutory marriage involves notifying the registrar. Within seven days after the ceremony, a duplicate of the marriage certificate must be forwarded to the registrar. This requirement underscores the importance of official record-keeping and ensures that the relevant legal authorities are informed of the occurrence of the marriage. Registrar notification serves multiple purposes. It provides a mechanism for the state to track and maintain accurate records of marriages, contributing to the statistical data that informs social policies and legal decision-making. Additionally, it ensures that the marriage is recognized by the legal system and that the rights and responsibilities associated with marriage are extended to the parties involved.

     In the realm of customary marriages, the legal requisites align with deeply rooted cultural practices, making for a rich and varied tapestry of unions. While the foundational prerequisites remain consistent, there are unique characteristics that define customary unions:

         a.  Bride Price Tradition: Symbolism and Significance: A defining feature that sets customary marriages apart is the tradition of the bride price, known as "dowry" in some cultures. This time-honored practice is far more than a customary formality; it carries profound symbolism and cultural significance. The bride price is a gesture through which the groom demonstrates respect and gratitude to the family of the bride. It symbolizes his commitment, responsibility, and ability to provide for his future wife and potential family. The bride price is not a mere transaction but a ritual laden with cultural meaning. Its value varies across cultures, regions, and socioeconomic backgrounds, reflecting the diverse traditions that shape Nigerian society. The payment of the bride price signifies the groom's willingness to shoulder the responsibilities that come with marriage, including the financial obligations and duties towards his bride and her family. This practice, rooted in tradition, fosters a sense of unity, respect, and mutual understanding between the families of the bride and groom.

         b.  Citizenship Considerations: Customary marriages are not only influenced by cultural norms but are also bound by considerations of citizenship. According to Nigerian law, only unions involving Nigerian citizens are recognized as valid marriages. This legal provision underscores the importance of national identity in the context of marriage. Unions involving non-Nigerian citizens may be considered void under customary law, emphasizing the need for parties to ensure that their union aligns with the stipulated legal requisites.

      c.  Polygamy and Consent: One of the most distinctive aspects of customary marriages is the acceptance of polygamous unions under specific conditions. Customary law permits a man to enter into multiple marriages, each governed by the traditions of the respective ethnic group. However, the practice of polygamy is not without its complexities. While custom allows for such unions, parties entering into polygamous marriages must fully comprehend the implications of a polygamous arrangement and provide their informed consent. Informed consent is a cornerstone of all marriages, regardless of their form. In the context of polygamy, it becomes even more critical. Parties must be fully aware of the potential challenges, dynamics, and responsibilities associated with a polygamous marriage. This awareness ensures that the decision to enter into a polygamous union is made voluntarily and with a clear understanding of its consequences. By emphasizing consent, customary law seeks to uphold the principle of agency, even within a practice that involves multiple spouses.

What about Marriages of Nigerians who married  in foreign countries?

Marriages celebrated outside the borders of Nigeria introduce a layer of complexity, particularly concerning their recognition within the country. Nigerian courts acknowledge international marriages if they adhere to the laws of the host country and the domicile laws of the parties involved. Striking a delicate balance between international standards and domestic legal requirements underscores the intricacies of this matter.

Conclusion

The pursuit of a harmonious and legally recognized marriage demands an intricate understanding of the legal requisites that underlie this foundational institution. Adhering to these requirements not only safeguards against the perils of void or voidable marriages but also fosters legal clarity and amplifies the sanctity of the marital bond. Recognizing the profound implications of this journey, thorough pre-marital inquiries and an unwavering commitment to comprehending the legal foundations of marriage are imperative.

NB: While this article comprehensively explores the multifaceted legal considerations inherent in marriage validity in Nigeria, for personalized legal guidance that aligns with individual circumstances, consulting a qualified legal professional is strongly recommended.

References:

Nigerian Constitution of the Federal Republic of Nigeria 1999.

Marriage Act, Chapter 218, Laws of the Federation of Nigeria 1990.

Matrimonial Causes Act, Chapter 220, Laws of the Federation of Nigeria 1990.

United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

Savage v Maltery.

Osanwonyi v Osanwonyi.

N/B: Please note that this information is not a comprehensive overview of the topic and one would need tailored advice from a legal professional in respect to their particular situation. You can reach out to the author.