Marriage in Nigeria: Understand statutory marriage (Court marriage) and customary marriage (traditional marriage) with Legal Boundaries and Cultural Practices in Nigeria

what is statutory (Court marriage) and customary (traditional marriage) marriages in Nigeria, differences, registration processes, and legal issues.

Statutory (court marriage) vs. Customary (traditional) Marriage: Legal Boundaries and Cultural Practices in Nigeria

My younger brother got married two months ago, and he was arrested two weeks ago by the man who was previously married to the woman he married. The case has been taken to court, and my lawyer friend is informing me that my brother could face five years of imprisonment simply for getting married. 

Atanda, this situation is very confusing to me. How can someone be imprisoned just for getting married?

My response:

Your brother may end up in prison if he is guilty of any of the offenses outlined below by Atanda:

1. As a single individual, before agreeing to marry anyone, please research to confirm that the person you intend to marry is not already married to someone else and has officially divorced before leaving their previous spouse. If you marry someone who is separated but not officially divorced, you could end up in prison for five years with free accommodation and meals.

2. Sir, if you are legally married to your wife and then become attracted to another woman, and decide to marry her traditionally without registering it legally, thinking that the law will not recognize it, you are mistaken. You could be imprisoned for five years. Your community will ensure you face the consequences.

3. Ma'am, if you hide certain aspects of your past from the man who wants to marry you because you fear he might not agree to the marriage if he knew, and he later discovers the truth after marriage, you could face two years of imprisonment for deception.

4. If you marry your first wife traditionally under customary law and then, instead of following the same path, you marry another woman legally because she insisted on a legal marriage, you could face five years of imprisonment. The community will ensure you are held accountable for violating the law.

Note that this law applies both ways. Ignorance of the law is not an excuse.

Traditional and customary marriage in Nigeria.

The true story above discusses a legal situation involving the brother of the writer, who was arrested because of a dispute related to his marriage. 

The key points and advice provided in the story are as follows:

1. Bigamy: The main issue seems to be related to bigamy, which is marrying someone while already being married to another person without legally ending the first marriage. The brother could face imprisonment if he married a woman who was not officially divorced from her previous husband.

2. Research Before Marriage: It is crucial to verify that the person you intend to marry is not already married. If they are separated but not legally divorced, marrying them could lead to legal consequences.

3. Traditional vs. Legal Marriage: The article warns against marrying someone traditionally and then marrying another person legally. Marrying multiple people without following legal procedures can lead to imprisonment.

4. Hiding Past Information: If a person hides significant details about their past from their spouse, and these details are discovered later, it could also lead to legal issues and potential imprisonment.

5. Customary Law vs. Legal Marriage: If a man is already married under customary law and then marries another woman legally, he could be prosecuted for bigamy.

The underlying advice is to always ensure that marriages are conducted legally and transparently, and to be aware of the legal implications of marital status and procedures to avoid criminal liability. 

Question: How can I understand the Nigerian marriage laws about the traditional and Court marriage 

Answer: In Nigeria, marriage laws recognize three primary forms of marriage: customary marriage, Islamic marriage, and statutory marriage (court marriage). Here’s an overview of each:

1. Customary Marriage

 Definition: Customary marriage is conducted according to the customs and traditions of the ethnic group to which the couple belongs. This can vary widely between different ethnic groups.

 Requirements: 

• Consent: The consent of both families is usually required.
• Bride Price: Payment of a bride price or dowry is common.
•  Ceremony: A traditional ceremony is often held, which may include various rites and cultural practices.
• Recognition: Customary marriages are legally recognized, but they must be registered with the local customary marriage registry to be formally acknowledged by the state.

2. Islamic Marriage

Definition: Islamic marriage, also known as “Nikah,” is conducted according to Islamic laws and principles.

Requirements:

• Consent: The consent of the bride and her guardian (wali) is necessary.
• Mahr (Dower): A mandatory gift from the groom to the bride.
• Witnesses: At least two witnesses are required.
• Ceremony: The Nikah ceremony is performed, often by an Imam or another religious leader.
• Recognition: Islamic marriages are legally recognized, and registration with the Islamic authorities is encouraged for legal validation.

3. Statutory Marriage (Court Marriage)

Definition: Statutory marriage is conducted under the Nigerian Marriage Act and is similar to a civil marriage in many other countries.

Requirements:

• Notice: The couple must give a notice of their intention to marry at the marriage registry at least 21 days before the wedding.
• Verification: The registry will verify that neither party is already married to someone else.
• Consent: Both parties must consent to the marriage.
• Ceremony: The marriage ceremony must be conducted in a licensed place of worship by a recognized minister or at the marriage registry.
• Recognition: Statutory marriages are fully recognized by law and provide the most comprehensive legal protection for the spouses.

Legal Implications

Monogamy: Statutory marriages are strictly monogamous, meaning a person can only be married to one person at a time. Marrying another person while still legally married is considered bigamy, a criminal offense punishable by imprisonment.

Polygamy: Customary and Islamic marriages allow for polygamy, where a man can have multiple wives. However, marrying another woman under statutory law while already in a customary or Islamic marriage is illegal.

Divorce: Statutory marriages require a legal process for divorce, which involves court proceedings. Customary and Islamic marriages have their own specific procedures for divorce, which may not involve formal court processes but must follow the customs or religious guidelines.

Registration: It is crucial to register marriages to ensure they are legally recognized. This helps in legal matters like inheritance, child custody, and other rights and obligations.

Understanding these distinctions helps ensure compliance with Nigerian marriage laws and avoid legal complications. Always consider the type of marriage and its legal requirements and implications.

Question: Which courts handle statutory marriage in Nigeria?

Answer: In Nigeria, statutory marriages are primarily governed by the Marriage Act, and the courts that handle matters related to statutory marriages include:

1. Marriage Registry Courts: 

• Function: These are located in the various local government areas and are responsible for the registration of statutory marriages. The marriage ceremony can take place here, and the registry issues marriage certificates.
• Jurisdiction: They handle the initial registration and solemnization of statutory marriages.

2. High Courts:

• Function: The High Courts handle disputes and legal issues arising from statutory marriages, such as divorce, annulment, and other matrimonial causes.
• Jurisdiction: High Courts have jurisdiction over all matrimonial causes involving statutory marriages. They can hear and determine cases related to divorce, maintenance, custody of children, and settlement of property.

3. Customary Courts and Sharia Courts:

• Function: While these courts primarily handle issues related to customary and Islamic marriages, they do not have jurisdiction over statutory marriages. However, they may be involved in mixed cases where aspects of customary law or Islamic law intersect with statutory law.
• Jurisdiction: Customary and Sharia Courts do not handle statutory marriages directly but may deal with related issues if customary or Islamic law elements are involved in the marriage.

Key Points About Statutory Marriage Courts

Marriage Registry Courts: These are responsible for the administrative aspects of statutory marriages, including registration and issuance of marriage certificates.

High Courts: These courts have the authority to handle legal disputes and dissolution of statutory marriages.

Court Proceedings: Matters such as divorce or annulment are handled under the Matrimonial Causes Act, which provides the legal framework for resolving issues arising from statutory marriages.

Appeals: Decisions made by the High Court in matrimonial causes can be appealed to the Court of Appeal and, ultimately, to the Supreme Court of Nigeria.

Understanding the role of these courts ensures that parties involved in statutory marriages know where to seek legal redress and how to handle matrimonial issues in accordance with Nigerian law.

Question: What about if a man is traditionally married to a woman but does not register it under the customary court of law? Is it legal?

Answer: In Nigeria, if a man is traditionally married to a woman but does not register the marriage with the customary court, the marriage is still considered legally valid under customary law. However, there are important implications and potential drawbacks to not registering the marriage:

Legal Validity

• Customary Law: The marriage is recognized as valid under the relevant customary law of the community. The marriage is considered binding and the couple is seen as married by their community.
• Registration: Registration of the marriage with the customary court is not a requirement for the marriage's validity under customary law. However, it is recommended for several reasons.

Benefits of Registration

1. Legal Proof: Registration provides legal documentation and proof of the marriage, which can be crucial for various legal and administrative purposes.

2. Property Rights: It helps in establishing clear rights regarding property, inheritance, and other entitlements.

3. Child Custody and Support: It can be essential in matters of child custody and support if disputes arise.

4. Dispute Resolution: In the event of marital disputes or the need for legal intervention, having a registered marriage simplifies the process of seeking legal redress.

5. Recognition by Formal Institutions: Registered customary marriages are more easily recognized by formal institutions like banks, government agencies, and courts.

Potential Drawbacks of Not Registering

• Proof of Marriage: Without registration, proving the existence of the marriage in a formal setting can be challenging.
• Legal Protection: The lack of formal registration may complicate legal proceedings related to divorce, child custody, and inheritance.
• Recognition Issues: Some formal institutions may not recognize the marriage without official registration, which can lead to difficulties in administrative processes.

Summary

While a traditional marriage that is not registered with the customary court is still valid under customary law, registration is strongly advised to provide legal documentation and facilitate the protection of rights and interests. Registration enhances the formal recognition of the marriage, aiding in legal clarity and reducing complications in legal and administrative matters.

Question: If a man registers his traditional marriage under the customary courts, will the man still be allowed to marry more than one wife?

Answer: Yes, if a man registers his traditional marriage under the customary courts in Nigeria, he is still allowed to marry more than one wife, provided that polygamy is permitted under the specific customary law governing his community. Customary marriages in Nigeria generally follow the traditions and practices of the ethnic group or community, many of which allow polygamous marriages.

Key Points:

1. Customary Law Permits Polygamy: Most Nigerian customary laws permit a man to have multiple wives. Registering a customary marriage with the customary courts does not change the nature of the marriage or the customs that apply to it.

2. Registration Purpose: The primary purpose of registering a customary marriage with the customary court is to provide legal recognition and documentation. This helps with proving the marriage in legal or administrative matters but does not alter the fundamental nature of the marriage according to customary practices.

3. Legal Recognition: Registration ensures that the marriage is officially recognized by the state, which can be important for various legal matters such as inheritance, property rights, and child custody. It does not impose monogamous restrictions that are associated with statutory marriages.

Practical Implications:

• Polygamous Rights: A man can marry additional wives under the same customary law, and these subsequent marriages can also be registered with the customary courts to ensure they are legally recognized.
• Consistency with Customary Practices: The man must ensure that all marriages are conducted according to the customs and traditions of his community. Each marriage should follow the customary procedures and practices.

Example Scenario:

First Marriage: A man marries his first wife traditionally and registers the marriage with the customary court.

Second Marriage: Later, he marries a second wife traditionally, following the same customary practices. He can also register this second marriage with the customary court.

Legal Status: Both marriages are recognized under customary law and by the state, provided they are registered.

Important Note:

• Differentiation from Statutory Marriage: This flexibility applies only to customary marriages. If a man were to enter into a statutory marriage (under the Marriage Act), that marriage is strictly monogamous, and marrying another wife would be considered bigamy, which is a criminal offense under Nigerian law.

In conclusion, registering a traditional marriage under the customary court does not prevent a man from marrying additional wives according to customary practices, provided polygamy is permitted by his community’s customary law.

Statutory and Court marriage in Nigeria

Questions and Answers

Q1: What is a customary marriage in Nigeria?

A1: A customary marriage in Nigeria is a marriage conducted according to the customs and traditions of the ethnic group to which the couple belongs. It typically involves traditional ceremonies and the consent of both families.

Q2: Is a customary marriage legally recognized in Nigeria?

A2: Yes, customary marriages are legally recognized in Nigeria. However, it is recommended to register the marriage with the local customary court for formal legal recognition and documentation.

Q3: What are the benefits of registering a customary marriage with the customary court?

A3: Registering a customary marriage provides legal documentation and proof of the marriage, which can be crucial for legal matters such as inheritance, property rights, and child custody. It also facilitates recognition by formal institutions and simplifies legal proceedings if disputes arise.

Q4: Can a man who is customarily married to one wife marry additional wives under customary law?

A4: Yes, under most Nigerian customary laws, a man can marry multiple wives. This is allowed as long as he follows the customs and practices of his community, and these marriages can also be registered with the customary court for legal recognition.

Q5: What is the difference between customary marriage and statutory marriage in Nigeria?

A5: Customary marriage is conducted according to traditional customs and may allow polygamy, while statutory marriage is conducted under the Nigerian Marriage Act, requiring a legal ceremony and registration at a marriage registry. Statutory marriages are strictly monogamous.

Q6: What legal protections does a statutory marriage provide in Nigeria?

A6: Statutory marriages provide comprehensive legal protection for spouses, including clear rights regarding divorce, property distribution, and child custody. Statutory marriages are strictly monogamous, and bigamy is a criminal offense under this system.

Q7: Can a man legally have both a customary marriage and a statutory marriage at the same time?

A7: No, if a man is already in a statutory marriage, he cannot legally enter into a customary marriage with another woman, as statutory marriages are strictly monogamous. However, a man can have multiple wives under customary law and later convert one of these marriages to statutory, provided the others remain under customary law.

Q8: What happens if a man in a customary marriage marries another woman under statutory law?

A8: If a man marries another woman under statutory law while still in a customary marriage, he could be charged with bigamy, which is a criminal offense. Statutory law requires monogamy, and any subsequent marriage without legally dissolving the first statutory marriage is illegal.

Q9: How can a customary marriage be dissolved in Nigeria?

A9: A customary marriage can be dissolved according to the customs and traditions of the community where the marriage was conducted. The process typically involves family elders or community leaders. It is advisable to register the dissolution with the customary court for legal documentation.

Q10: What are the legal implications of not registering a customary marriage?

A10: While the marriage is still valid under customary law, not registering it can lead to difficulties in proving the marriage in legal and administrative matters. This can affect issues such as inheritance, property rights, and child custody, and may complicate legal proceedings if disputes arise.

These questions and answers provide an overview of the distinctions and legal implications of customary and statutory marriages in Nigeria.

Question: Does, a customary court, wed a couple that have not first of all done the traditional marriage from the community?

Answer: In Nigeria, a customary court typically does not wed a couple if they have not first undergone the traditional marriage ceremony according to the customs and practices of their community. The role of the customary court is primarily to register and provide legal recognition to customary marriages that have already been conducted according to traditional rites. Here's a detailed explanation:

Process of Customary Marriage

1. Traditional Marriage Ceremony: 

• Customary Practices: The couple must first perform the traditional marriage rites as prescribed by their ethnic group or community. This usually involves rituals, payment of bride price, and ceremonies with the participation of both families.
• Community Validation: The marriage is considered valid and binding within the community once these rites are completed.

2. Registration with Customary Court:

• Legal Recognition: After the traditional marriage has been conducted, the couple can then go to the customary court to register their marriage.
• Documentation: The customary court will document the marriage details and issue a marriage certificate, providing formal legal recognition.

Role of Customary Court

• Registry Function: The primary function of the customary court regarding marriages is to register and provide legal documentation for marriages that have already been conducted according to traditional customs.
• Dispute Resolution: Customary courts also handle disputes and issues arising from customary marriages, such as divorce, child custody, and inheritance.

Importance of Traditional Rites

Cultural Significance: Traditional rites are deeply embedded in the cultural practices and values of Nigerian communities. They are a crucial part of the marriage process and are often seen as necessary for the marriage to be valid within the community.

Community Acceptance: Without performing the traditional marriage rites, the marriage may not be accepted or recognized by the community, even if registered with the customary court.

Legal Perspective

• Customary Law: Customary law recognizes and validates marriages that are conducted according to the customs and traditions of the community. The customary court's role is to formalize and document this process.
• Formal Legal Status: Registering the marriage with the customary court ensures that it is legally recognized by the state, which can be important for legal matters such as inheritance, property rights, and child custody.

Conclusion

In summary, a customary court in Nigeria typically requires that a couple first complete their traditional marriage rites within their community before the court can register the marriage. This process ensures that the marriage is recognized both culturally and legally, providing the couple with formal documentation and legal protection.

Question: What is the difference between customary court marriage and statutory court marriage in detail?

Answer: The differences between customary court marriage and statutory court marriage in Nigeria are significant, encompassing various aspects such as legal framework, requirements, procedures, and implications. Here's a detailed comparison:

Customary Court Marriage

Legal Framework:

• Customary Law: Governed by the customs and traditions of the specific ethnic group or community.
• Recognition: Recognized under Nigerian law when registered with the customary court, but fundamentally rooted in traditional practices.

Requirements and Procedures:

• Traditional Rites: The couple must first perform traditional marriage rites as dictated by their community. This often includes payment of bride price, family ceremonies, and other cultural practices.
• Registration: After the traditional rites, the marriage can be registered with the customary court to provide formal legal recognition.
• Consent: Involves the consent of both families and adherence to community customs.
• Polygamy: Polygamy is generally permitted under customary law, allowing a man to marry multiple wives.

Ceremony:

• Traditional Ceremony: Involves rituals and practices unique to the community. The ceremony is typically conducted by family elders or community leaders.
• Court Involvement: The court's role is primarily to register the marriage and provide documentation, not to conduct the ceremony.

Legal Implications:

• Inheritance and Property Rights: Follows customary law, which may vary by community. Registration provides additional legal standing.
• Divorce: Managed according to customary practices, with the involvement of family elders or community leaders. Registration of the divorce with the customary court is recommended.
• Child Custody: Governed by customary law and community practices.

Statutory Court Marriage

Legal Framework:

• Marriage Act: Governed by the Nigerian Marriage Act, which provides a uniform legal framework for marriage across the country.
• Recognition: Fully recognized under Nigerian law, providing comprehensive legal protection and clarity.

Requirements and Procedures:

• Notice: The couple must give a notice of their intention to marry at a marriage registry at least 21 days before the wedding.
• Verification: The registry verifies that neither party is already married and that there are no legal impediments to the marriage.
• Consent: Both parties must consent to the marriage without coercion.
• Monogamy: Statutory marriages are strictly monogamous. Marrying another person while still legally married is considered bigamy, a criminal offense.

Ceremony:

• Civil Ceremony: Conducted at a licensed place of worship by a recognized minister or at the marriage registry by a registrar.
• Legal Documentation: The marriage is documented, and a marriage certificate is issued by the marriage registry.

Legal Implications:

• Inheritance and Property Rights: Clearly defined under statutory law, providing equal rights to both spouses.
• Divorce: Requires a legal process under the Matrimonial Causes Act, involving court proceedings and legal representation.
• Child Custody: Determined by statutory law, with the best interests of the child as the primary consideration.

Key Differences

1. Legal Basis:

•  Customary Court Marriage: Based on traditional customs and practices.
•  Statutory Court Marriage: Based on the Marriage Act and governed by statutory law.

2. Ceremony and Process:

• Customary Court Marriage: Involves traditional rites and ceremonies specific to the community.
• Statutory Court Marriage: Involves a civil or religious ceremony with legal documentation.

3. Marriage Type:

• Customary Court Marriage: Allows for polygamy, depending on the community's customs.
• Statutory Court Marriage: Strictly monogamous, with legal penalties for bigamy.

4. Registration and Documentation:

• Customary Court Marriage: Registration with the customary court provides legal recognition but is not mandatory for the validity of the marriage.
• Statutory Court Marriage: Registration at the marriage registry is mandatory for the marriage to be legally recognized.

5. Legal Protections and Rights:

• Customary Court Marriage: Rights and protections are based on customary law, which may vary widely.
• Statutory Court Marriage: Provides standardized legal protections and rights under statutory law.

6. Dissolution:

• Customary Court Marriage: Divorce is managed through customary practices, with possible registration at the customary court.
• Statutory Court Marriage: Requires formal legal proceedings in court under the Matrimonial Causes Act.

Understanding these differences helps couples make informed decisions about their marriage type and ensures they comply with legal requirements and protections in Nigeria.

Question: After a man marries in a statutory court, can he redo the traditional marriage ceremony in the community, then register the traditional marriage in a customary court?

Answer: Once a man marries in a statutory court in Nigeria, he cannot legally redo the traditional marriage ceremony in the community and then register that traditional marriage in a customary court for several reasons:

Legal Framework and Implications

1. Monogamy in Statutory Marriage:

• Statutory Law Requirement: A statutory marriage under the Nigerian Marriage Act is strictly monogamous. This means that once a couple is legally married under statutory law, neither party can enter into another marriage (customary or statutory) with a different person while the statutory marriage subsists.
• Bigamy: Attempting to marry another person while still legally married under statutory law is considered bigamy, which is a criminal offense in Nigeria, punishable by imprisonment.

2. Traditional Ceremony After Statutory Marriage:

• Renewal of Vows: If the intent is to have a traditional ceremony as a form of cultural or religious celebration without legal implications, it can be done. However, this ceremony would not constitute a new marriage but rather a reaffirmation or celebration of the existing statutory marriage.
•  Legal Status: This traditional ceremony cannot be registered as a separate marriage in the customary court, as the couple is already legally married under statutory law.

3. Registration in Customary Court:

Not Permissible: After a statutory marriage, registering a new traditional marriage in a customary court is not permissible. The statutory marriage takes precedence and is recognized as the legal marriage, superseding customary practices in terms of legal recognition and rights.

Key Points to Consider

• One Legal Marriage: A couple can have only one legally recognized marriage at a time. If they marry statutorily, that marriage is the legally binding one.
• Cultural Practices: While cultural and traditional ceremonies can be important for personal and familial reasons, they do not alter the legal status established by the statutory marriage.
• Legal Consistency: It is important to maintain consistency in legal documentation to avoid complications, such as issues related to inheritance, property rights, and spousal rights, which are clearly defined in statutory marriages.

Example Scenario

Married Statutorily: A man marries his wife in a statutory court. This marriage is legally binding and recognized by Nigerian law.

Traditional Ceremony: The couple may choose to have a traditional ceremony afterward to celebrate their union according to their cultural practices. This ceremony is purely celebratory and does not constitute a new legal marriage.

Registration Not Possible: They cannot register this traditional ceremony as a new marriage in a customary court because they are already legally married under statutory law.

Conclusion

Once a statutory marriage is conducted, the couple is bound by the rules and regulations of statutory law, which includes monogamy and legal recognition of that marriage. While they can have a traditional ceremony for cultural or personal reasons, it cannot be registered as a separate marriage in a customary court. The statutory marriage remains the legally recognized union.