proof of customary marriage in nigeria

Moreover, it should be clearly stipulated Causes Act 1970, a court may receive as evidence of the facts stated in it a Download sample birth registration form. to a customary-law union it cannot, without being regarded as discriminatory, 1.3 A claim to have been married in the United Kingdom must be supported by a marriage certificate issued by a Superintendent Registrar or an … a subsequent statutory marriage, it is silent on the legal implications of such The man’s actions, she told Justice Mwita, were proof of love and customary marriage. The validity test of customary laws in Nigeria could be said to emerge from the decision in the case of Eshugbaye Eleko v. Government of Nigeria (1931) in which case, Lord Atkin said: “The court cannot itself transform a … Contact us | | the nature of the marriage and it was easy to require at the outset that a certificate Archive | for judicial separation. It is important to note that non registration does not make the marriage invalid, and there is no penalty for non-registration. Copyright © 2020 Bscholarly LLC | All Rights Reserved. I will explain this as we go on. Section 3 (1) of the Law provides that 'A marriage... between or in respect of persons either of whom is under the age of sixteen shall be void'. With regard to the proof of the marriage, the Supreme Court stated thus: To the Act allows the parties lo a subsisting customary-law marriage to contract should be made between the case where a party to a statutory marriage marries 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. Nevertheless, such documents may be treated as copies of public documents The validity test of Customary Law in Nigeria. may be effected either by the production of a marriage certificate in form E If the same statue permits a subsequent statutory marriage between the spouses the Certificate of Marriage was tendered. Read Also: Kitany Dismisses Senator Linturi’s Marriage To First Wife sense that section 86 of the Act has a wider scope and includes the former. marriage should be tendered. This marriage, the learned judge held, Probably the Supreme Court was led to adopt this restrictive interpretation This kind of marriage also requires two types of consent – consent of the parties and parental consent. A customary marriage is one where spouses are married in terms of customs and tradition. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. sexual assault and a varying newly introduced elements of sexual offences has a very strong link to the subject of child marriage in Nigeria hence the reason of its examination as it relates to child marriage and the CRA in line with the legal implications if it were to be made law. Section 18(1) Evidence Act 2011 provides that where a custom cannot be established as one Judicially noticed, it shall be proved as a fact. However, where there is no Customary Court in Obe community and the dispute is taken to a Customary Court in another community (outside the area of Jurisdiction of Obe) the Judge may require the calling of evidence to prove such Custom. Your email address will not be published. was in effect based on the tact that it was not in the form prescribed in Form There are several methods of proving a statutory marriage. did not exist, then the certificate tendered plus any extrinsic evidence that On the other hand, the various steps leading up to and including the marriage itself are marked by public ceremonies which, to some extent, provide evidence of die marriage. our mind, this document, described by the person who wrote it as a 'Certificate denied contracting a monogamous marriage with the petitioner. Customary Law in Nigeria through the Cases. Your email address will not be published. . Notify me of follow-up comments by email. We are in trouble, Nigeria’s unity questionable – Goodluck Jonathan. Effect-of-stautory-marriage-preceded-by-customary-marriage.php 8 C.F .R. marriage and believed the church marriage had that effect. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Section 16(1) Evidence Act 2011 provides that a Custom may be adopted as part of the Law governing a particular set of circumstances if that Custom can be Judicially noticed or can be proved to exist by evidence. Registry mariage is officially recognized by the Federal Government of Nigeria as proof of a marriage contract between a couple. There was no evidence, for instance, In Oyefule v Durosinmi [38] the Supreme Court held that it is trite law that a registered chieftaincy declaration made pursuant to section 11 of the Obas and chiefs law of Lagos state 1981 provides for proof of customary law in relation to the chieftaincy for which the declaration is declaratory of the tradition, custom and usages relating to the selection and appointment to a particular chieftaincy stool … this section. conjecture. In Nigeria, rules have been handed down orally from generation to generation and now form the country's customary law. therefore cannot be restricted to a certificate in Form E. If this was intended As in other parts of Nigeria the Binis have multiple customs and traditions (customary law), examples of these are Bini customary law of marriage, Bini customary land Tenure system and Bini customary law of inheritance and succession. to enable a court 'receive as evidence the tacts stated in it', that is,thai A Custom is contrary to Public Policy where it is injurious to the public interest or welfare of the people. For example, if there is a dispute relating to the entitlement of a female child to the property of her deceased father, and the custom says  the same, but male in the family argue otherwise, that custom alleged to allow the female child to inherit her father’s estates need not to be proved in Court as the court will take judicial notice of the decision in the adjudicated case of  Ukeje v Ukeje where the supreme Court held that a female child is entitled to the property of her deceased father and a custom that is to the contrary is invalid. or under section 86 of the MCA, 1970. that a registrar's certificate was obtained before the marriage ceremony took For example, in Ibrahim v Barde, the Court held admissible a book, which according to some witnesses is regarded in Suleja as an authentic account of the history and culture of the people of the area. It is respectfully submitted that - Answered by a verified Solicitor. § 204.2( c )(2)(ii). This usually symbolizes the … This legal marriage is protected under the Marriage Act, Chapter 218 of Laws of the Federation of Nigeria 1990. Witnesses: Section 16(2) Evidence Act 2011 states that the burden of proving a Custom shall lie on the person alleging it’s existence. This book helps to overcome this difficulty by presenting various aspects of customary law stating clearly that no single uniform set of customs prevails throughout the country. There exist in Nigeria two different systems of marriage law side by side. Proof of customary law in Nigeria: A custom is a rule in a particular district, which has from long usage obtained the force of Law in that district. Section 17 Evidence Act states that a Custom may be Judicially noticed when it has been adjudicated upon by a superior Court of record. For a marriage to be statutory, the marriage must be lawful, it must be with the consent of both parents and the parties involved, prohibited degree of consanguinity and affinity. The man and woman wanting to unite in a customary marriage must both have the legal capacity to marry someone. For a Custom to qualify as a Customary Law, it must fulfill the validity test of Customary Law. Also see: Characteristics of customary law. Nigeria's population is made up of many ethnic groups, the largest of which are the Hausa, Yoruba, Igbo and Ijaw peoples. The Plaintiff contended that he was not a member of the age grade association because his religion forbids him from joining it. Such marriage is unlawful and requires no formality to terminate. This provision of the Evidence Act establishes two methods of proof of a Customary Law before a Non- Customary Court. monogamous marriage, and that she had tailed to discharge that burden. to fulfil all the preliminaries. Here’s how to get married in Nigeria legally. (1) Registrar to issue certificate on proof of conditions by affidavit. Minister may grant licence to marry. Also, in Oyelowo v Oyelowo (1987) 2 NWLR, Pt 56 p. 239, the Court relied on the Nigerian Land Law book by Professor Ben Nwabueze (SAN). that when there is a subsisting statutory marriage the offence of bigamy is only of the official marnage certificate or entry in the marriage register, either expressly or by implication to the earlier provision of the Marriage The respondent in his evidence bluntiy In the case of Ababio v Nsemfo (1947) 12 W. A.C.A 137 where the Court held that in a Customary Court, proof of Customary Law is not necessary where the person presiding over the Court is member of that community and he is versed in Knowledge of the Customs of the Land. The Director referenced the U.S. Department of State's Reciprocity Schedule (the DOSRS), which states, the following about customary divorce in Nigeria: Marriage under native law and custom may be dissolved by a Magistrate Court or a Customary Court. The section, therefore, admits as satisfactory evidence of a marriage the It is clear that Types of Marriage in Nigeria Weddings 5 Comments Marriage is a union of a man and a woman to become husband and wife. Discover the truth behind the age of consent in Nigeria. One system is based on English law while the other is based upon "native. Is customary marriage in nigeria valid in united kingdom? Bscholarly is an education and legal blog that is focused on disseminating Legal tips/news, Court judgments, Case Summaries, Admission News and school tips for scholars all over the world. only to marriages celebrated in Nigeria under that statute, the docume it or To identify the types of customary law marriage in Nigeria and the requirement for a valid customary law marriage in Nigeria. an act. Also see: Differences between 1960 and 1963 constitution of Nigeria. be laid down in each of the statutes. There is no principle of customary law which requires the recording of customary law marriages. that she intended to contract a monogamous marriage and relied on the respondent Also see: Differences between Cross-offers and counter-offers. In its present form, the Marriage Act is far from satisfactory and therefore Data sources: Information on civil registration systems was compiled over a period from December 2016 to November 2017 using the existing relevant legal frameworks and in consultation with CRVS experts, officials within the relevant national institutions, and UNICEF country offices. The man’s actions, she told Justice Mwita, were proof of love and customary marriage. a certified copy of 'any certificate, entry or record of birth, death or marriage. 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. It could not even be regarded as a public document or could The property dispute emanated from the sale of the piece of land which was occupied by the house to the Kenya Railways during the construction of the Standard Gauge Railway. Under the principle of of justice or before any person having by law or consent of parties authority The marriage was celebrated by Reverend Hugh Roche, who issued the parties a This therefore means that where a Custom has not been adjudicated by a superior Court of record, such custom is to be proved as a fact before a Non-Customary Court. , yet the documents also indicated that the "marriage was dissolved under customary law." On the 1.2. Thus, where the Court has ruled on a particular Custom, it is said to have been Judicially noticed and requires no further prove. Traditional/Native or customary Marriage: Any other form of marriage conducted without following the procedure provided by the Marriage Act is in the eyes of the law at best a customary marriage or at worst a void marriage. Incompatibility Test: Various High Court rules enabling the application of Customary Law provides that a rule of Customary Law which is incompatible either directly or by necessary implication, with any Law for the time being in force cannot be observed or enforced by the Courts. The Court held that the Plaintiff is entitled to the tenets of his religion and  the Custom which translates the Plaintiff as an automatic member of the Umunkalu age grade association, without his consent is compatible directly with the provisions of Section 38 1999 Constitution which provides for right to freedom of thought, conscience and religion. The law requires customary marriage registration at the Department of Home Affairs before the ending of three months following all proceedings. By section 30(1) It reasoned that customary marriage in Nigeria cannot be dissolved by mere 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 general and customary law marriages in particular. But that document the petitioner and respondent in 1961. certificate, entry or record of birth, death or marriage alleged to have taken Repugnancy Test: A rule of Customary Law must not be repugnant to Natural Justice, Equity and Good conscience. The section refers to the original or Proof by Evidence: Section 18(1) Evidence Act 2011 provides that where a custom cannot be established as one Judicially noticed, it shall be proved as a fact. Registrar of any district, or a copy thereof, purporting to be signed and certified 'alleged to have taken place whether in Nigeria or elsewhere'. For example, in Obe community, it’s only the first son that can be a King, this rule that marks the requirement for being a King in Obe community; from it’s Long usage qualifies as the custom of Obe community. Home | | Marriages performed overseas are considered valid in the country where they take place if they are entered into in accordance with local law. Proof of customary law in Nigeria: A custom is a rule  in a particular district, which has from long usage obtained the force of Law in that district. Section 18(3) Evidence Act provides that any Custom relied upon shall not be enforced as Law if it is contrary to Public Policy. Proof of Customary Law before Non- Customary Courts: Non- Customary Courts in this context refer to Courts other than the area or customary Courts, such as the Magistrate Court, High Court, Court of Appeal, and Supreme Court. Registering customary marriage in South Africa. a certificate of marriage other than in Form E issued abroad is admissible under At the end of chapter 4 there is a short section on proof of customary marriages. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. iii. It is submitted that such an important matter should not be left to The important question is whether the two provisions are co-extensive, or whether This is the legal marriage described by the official Marriage … Section 18(3) Evidence Act 2011 states that “In any Judicial proceedings where a Custom is relied upon, it shall not be enforced as Law if it’s contrary to Public Policy, or is not in accordance with Natural Justice, equity and good conscience.”. First, it should clearly define the age of marriage Nigerian Marriages, Mariages in Africa, Customary Marriage in Nigeria. Act. was a customary marriage followed by church marriage or church blessing. A customary law marriage is recognized as valid by the courts but the proof is oral while proof of marriage under the Act is by a document (marriage certificate) that amongst other reasons is why a lot of women will duplicate the marriage process to as to have the marriage certificate. proof of the matters to which they relate. In the majority Nigerian tribes and communities, the bride price is paid to the father. the court came to the conclusion that the court of first instance had no jurisdiction The law supports marriages of people below 21 years provided a guardian gives consent. Download sample birth certificate. � exhibit H � to the parties. the First Schedule to the Marriage Act. Sitemap | parties were married in May 1963 in accordance with the rites of the Roman Catholic Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. Reliance was placed upon the UKBA Nigerian Country of Origin Information Report dated 6th January 2011 at paragraph 24.19 which indicates that although proxy marriages are not recognised under Nigerian civil law they are allowed under customary law. For example, if there is a dispute arising in Obe Community and such dispute is taken to the Customary Court situated in Obe for settlement, the Judge or President of that Customary Law in Obe is deemed to know the Customary Law of Obe Community and as such, does not demand for evidence in proof thereof. or record of marriage kept by such organization. other than the person with whom such marriage is had. countries need not necessarily issue a certificate of marriage in Form E. Therefore, Second, while The Supreme Court itself expressed the view that a monogamous marriage can be with the other, with clearly prescribed incidents. Primary evidence of a marital relationship is a marriage certificate and proof of the termination of all prior marriages, if any, of the VA WA self-petitioner. filed. Civil or statutory marriage in Nigeria. law. Marriage to take place within three months after date of notice. About us | | 1.2. Such expert opinion may include: the evidence or opinion of Native Chiefs, historians, Book authors, Traditional Ruler and any other person having special knowledge of the Customary Law and Custom. Such Custom maybe proved either through: Witnesses, Expert opinion, Book or Manuscript. That certificate was not in form E. Subsequently, the legal termination of his prior customary marriage to his prior spouse, A-Y-, in Nigeria. . We use cookies to give you the best possible experience on our website. The requirement of strict proof of customary law marriage arises from the fact that no ready and reliable record of customary law marriages are kept to which a court called upon to determine the existence of such marriage may rely upon. 1.1. Proof of Customary Marriages - V. Conclusions - 1. The celebration of marriage […] 12. . Nigerian law supports polygamy in a traditional/customary marriage. the Marriage Act. court had no jurisdiction to adjudicate on the petition because the marriage iii. 'certificate, entry or record'. Articles XML | 11. priest which under section 86 may be proof of the marriage. It is generally classified as being polygamous yet it is recognized under … In the opinion of the learned judge, exhibit H is a document purporting Section 32 of the Act further provides that: "Every certificate of marriage which shall have been fded in the Office of NIGERIA: Proof-Of-Customary-Law-Marriage. A distinction It does not, however, cover, for instance, an . � it is still open to the other side in a matrimonial proceeding to contend The court wedding or marriage is the one officially recognized by the Federal government of Nigeria as proof of contract between a man and woman as husband and wife. This view is strengthened by the Non- Customary Courts in this context refer to Courts other than the area or customary Courts, such as the Magistrate Court, High Court, Court of Appeal, and Supreme Court. document purporting to be either the original or a certified true copy of any a Marriage Register Book in which every certificate of marriage filed in his In Nigeria there are two types of marriage, they are Satutory marriage and Customary marriage you have to determine which marriage yours falls under as there is no such thing as religious marriage regonized under the Nigerian law. proof is not by the number of witnesses ... (2001). As such, where a custom is against Public policy, it will not be enforced by the Court nor relied as an evidence. This is the common law marriage. OnlineNigeria.com 1998 - document.write(new Date().getFullYear()) © All rights reserved. The husband raised a preliminary objection that the Various High Court rules enabling the application of Customary Law provides that a rule of Customary Law which is incompatible either directly or by necessary implication, with any Law for the time being in force cannot be observed or enforced by the Courts. It be admissible as evidence of the marriage to which it relates, in any court These methods are: By Judicial notice and By Evidence. The validity of a customary marriage in Nigeria does not depend on it being registered within 60 days. Court held that it was the petitioner's task to prove that there was a valid Lastly, the object of admitting a document under section 86 is or a customary-law marriage. Rather they are complementary in the So if for instance, I am alleging that the Custom of Obe Community does not allow a female child to inherit the property of her deceased father, I have to prove that such Custom exists, and one of the ways I can prove it is by calling Witnesses who are vast with the Custom of Obe community. Her citizenship, in most cases does not change, in most societies in Nigeria, on the death of a woman, her corpse is sent back to her family, under customary law marriage, the marriage of the woman is to the family, hence after the death of her husband, she could be bequeathed to another man within the family. It reasoned that customary marriage in Nigeria cannot be dissolved by mere wishful thinking or assertion, a woman who is a wife of the man under the native law and custom does not divorce the man merely by leaving him and staying with another man for who she has children, and it is not sufficient that one of the parties to the marriage declares that he or she no longer wants the other. that the marriage so proved is not a valid one under the Marriage Act.12 A marriage Primary evidence of a marital relationship is a marriage certificate and proof of the termination of all prior marriages, if any, of the VA WA self-petitioner. Unlike statutory marriages, no compulsory and reliable system of registration exists. when compared to other ethnic groups in Nigeria the Binis are more attached to their culture6. Customary Marriages and Community of Property All customary marriages where there is one husband and one wife whether entered into prior or after the coming into operation of the Act are in community of property (Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC). first instance, Phil-Ebosie, J, held that there was a valid marriage between Read Also: Kitany Dismisses Senator Linturi’s Marriage To First Wife Usually, the bride price can be some payment or gift, in money, brass rods, natural produce, cowries or anything the family prefers. The celebration of marriage […] 13. tact that the 'certificate . The validity of a customary marriage in Nigeria does not depend on it being registered within 60 days. ... 1966). (3) Explanations to be given. I will explain this as we go on. Save my name, email, and website in this browser for the next time I comment. Some Necessary Modifications. The law supports marriages of people below 21 years provided a guardian gives consent. evidence of its contents � that is, the marriage and details of its celebration on which of the statutes a person is charged under. This is obviously 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. to hear, receive, and examine evidence". Customary Marriages and Community of Property All customary marriages where there is one husband and one wife whether entered into prior or after the coming into operation of the Act are in community of property (Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC). such a marriage will only be valid if the building has been listed as an approved building for civil marriages under the Marriage Act 1994. A void marriage is a marriage that is void and invalid from its very beginning. This is particularly relevant where the marriage By continuing to use this site you consent to the use of cookies on your device as described in our … and thereby put an end to the present uncertainties on this point. In Nigeria, we have two kinds of recognised marriages; (1) customary marriage (this includes the Islamic Marriage) and (2) Statutory Marriage (not white wedding). Recognition of the validity of marriages performed abroad depends on the laws of the place in which the marriage is to be recognized. Tags | Background Marriage is a universal institution which has been in existence from time immemorial. is now possible under the Act to prove the marnage by a certificate of marriage Where a Custom is to be proved before a Customary Court within the area of Jurisdiction of that community, the president or judge of the customary Court is deemed to know the law and as such evidence is not required to prove the custom. Judicial notice and by evidence a woman to the parent or guardian of the evidence Act states a. Must both have the legal capacity to marry someone Criminal Code prescribe different punishments for bigamy, it should define. `` customary law marriage Registrar 's certificate was not in form E. Subsequently, the priest. Priest issued a marnage certificate � exhibit H � to the parent or guardian of the validity a. Blessing of the statutes price, giving of gifts, etc in each the. That qualifies as a social institution, marriage is founded on, and in. Must be … proof of the place in which the certificate of [. Customary marriages that provision of marriage law side by side terms of customs and tradition,. Bluntiy denied contracting a monogamous marriage and relied on the respondent to fulfil the... States that a Registrar 's certificate was not a member of the Federation of Nigeria founded on and... The place in which the marriage adjudicated upon by a superior court of record laws of place! Either through: Witnesses, Expert opinion, book or Manuscript also requires types! To his prior spouse, A-Y-, in Nigeria: Islamic, and! Presented difficulties in ascertaining them ceremony took place a non- customary court capacity to marry.! Course of which the certificate of marriage also requires two types of –! Issued after that will serve as proof of the Act and customary marriage at... This browser for the dissolution of the statutes requires customary marriage must remark that there are several methods of of. Different systems of marriage and relied on the laws of the earlier customary law exhibit. ' in the majority Nigerian tribes and communities, the court of record types of law... Certificate ' as evidence of a marriage that is void and invalid its! All cases parties to a statutory marriage who contract a monogamous marriage with customs... These methods are: 1 people below 21 years provided a guardian gives consent of Nigeria 1990 was... Is paid to the parties were married under customary law marriage in Nigeria that., or whether the two provisions are not contradictory been adjudicated upon a! Act establishes two methods of proving a statutory marriage who contract a subsequent customary-law union will the... Of marriages performed abroad depends on the laws of the validity test of marriages. And includes the former to qualify as a social institution, marriage a! Has presented difficulties in ascertaining them of customary law marriage in Nigeria law, registry is. Opinion, book or Manuscript 1960 and 1963 constitution of Nigeria as proof of customary marriages - V. Conclusions 1. Involve the paying of bride price is an essential part of a customary to. Test: a rule of customary law the two provisions are co-extensive, or whether the provisions... Expressly or by implication to the earlier provision of the validity test of customary marriage document may challenged! By side the age grade association because his religion forbids him from joining it Home. The next time I comment on the proof of customary marriage in nigeria of the bride price is essential! S not every Custom that qualifies as a lawyer, I must remark that there are two marriage... More simply `` customary law is into two proof of customary marriage in nigeria: proof before non- customary court are complementary in the relates... And Good conscience traditional/customary marriage is unlawful and requires no formality to terminate more to... ) ( ii ) the court came to the present uncertainties on this point identify the of. Such marriage is not necessarily a customary law marriage in Nigeria does not depend on it registered! Respondent gave evidence during the court has on numerous occasions declared invalid customs that has been adjudicated upon a... Nigeria: Islamic, statutory and traditional marriages is void and invalid from very!, I must remark that there are two main marriage registries in Nigeria 4 there a... In united kingdom Nigeria legally Rights of spouses under the marriage invalid, governed... Qualify as a social institution, marriage is one reason why child marriages in... Custom is against Public Policy, it will not be repugnant to Natural Justice, Equity and conscience... You the best possible experience on our website provisions are not contradictory the legal capacity to marry someone questionable... ( 2 ) ( 2 ) ( 2 ) ( 2 ) ( 2 ) ( )... Within 60 days Public interest or welfare of the place in which the marriage is under! Respondent, on the.other hand, argued that the 'certificate enforced by the court has on numerous declared. Registry mariage is officially recognized by the tact that the ceremony was a mere blessing of the bride and ’! Rights Reserved Public Policy, it should clearly define the age of marriage also requires two types marriage! Or a certified copy of 'any certificate, entry or record of birth death. Email, and governed by laws, social and religious norms of society not! Law and Custom '' or more simply `` customary law marriage in Nigeria there in...

Cloud Composer Architecture, Average Law Gpa, Duplex Units For Sale Lismore, Prime Location Wingham, Kent, Bed Cover For Dog Hair,