Customary Marriage In Nigeria Case Study

Customary Marriage was the known system of marriage in Nigeria before the colonial era. This system of marriage was also prevalent in other African countries. The institution of marriage is an integral part of the African culture. Despite introduction of statutory law marriage; civilization; criticisms against it; introduction of new religions to the people and fast development of statutory law marriage rules over customary law marriage rules, many people still prefer customary law marriage to statutory law marriage. Besides, many people undergo both customary law marriage and statutory law marriage in order to enjoy the benefits of the two marriages. It is still very popular in Nigeria and many parts of Africa, this system of marriage has

The marriage takes place when the bridegroom’s family visits the bride’s family and pay bride price to the bride’s family. There may be other rites that will follow but this varies from one community to another. During the rite the bride will be asked if she wants to marry the man and she becomes the wife base on her consent. After all necessary rites have been performed; the couple will go for registration of the marriage at Metropolitan Assembly office or any of its District office. Both the wife and husband will take a witness each for the registration. If the woman has married one or more wives he can still register the new one. Polygamous marriage is

With the analysis and juxtaposition so far I hereby recommend as follows:

i) Customary marriage in Nigeria should be registered immediately it is done and it should as well be registered immediately it dissolved. This development will assist the couple to have a certificate or document to show for their marriage. ii) People should be compelled to register divorce so as to have proper record for it and to prove dissolution. iii) There should be a uniform legislation in Nigeria on some important elements on marriage in order to improve on some shortcomings of customary law such as payment of bride price that may be too high to afford and other customs that may be repugnant to natural justice, equity and good conscience. iv) More attention should be given to our customary Law on quick dispensation of justice such as establishment of Customary Court of Appeal in every state in Nigeria. This will make administration of justice to be quick and close to the people in this area of law.

v) Bride price should be treated as consideration to establish a contract which does not have to be too expensive to afford. The practice of charging too costly Bride price should be