In Nigeria, every tribe and ethnic group celebrates the union of a man and woman according to their customs. This type of marriage that is celebrated according to customary law is known as traditional marriage. Are you considering a traditional marriage and wondering if it’s recognized and legal in Nigeria? If yes, read on to find out. We will also provide some information on traditional marriage in Nigeria.
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Is Traditional Marriage Legal in Nigeria?
Yes, traditional marriage is legal in Nigeria. The reason why it is legal is that it is done per customary law, which is one of the dual legal systems in which Nigeria operates. There are some basic requirements such as payment of the bride price and handing over of the bride, that ought to be met for traditional marriage to be valid in Nigeria.
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What is the Position on the Legality of Traditional Marriage in Nigeria?
Nigeria has a two-tiered legal system which includes statutory law and customary law. In Nigeria, marriages contracted under the native or customary law are regarded as traditional marriages and are therefore recognized as valid unions.
Furthermore, the legality of traditional marriage is upheld by Section 35 of the Marriage Act 1914. The part of the Section that confirms the legality of traditional marriage in Nigeria reads thus: “…nothing in this Act contained shall affect the validity of any marriage contracted under or in accordance with any customary law, or in any manner apply to marriage so contracted.”.
The above excerpt reiterates the duality of the Nigerian legal system as the Marriage Act, which is the statutory law, does not govern traditional marriage. Therefore, traditional marriage, conflict resolutions, dissolution of marriage and inheritance are governed by customary law.
For a marriage contracted under or in accordance with any customary law to be valid, certain requirements must be met. These requirements vary depending on the customs of the various tribes and ethnic groups in Nigeria. However, there are two basic requirements to meet before any traditional marriage can be said to be valid, regardless of the tribe or ethnicity where the marriage was done. These two least requirements include the payment of the bride price and handing over to the bride.
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How are Traditional Marriages in Nigeria Done?
Now, we’ve settled the legality of traditional marriage in Nigeria, let’s go on to discuss how they are done. You should put in mind that Nigeria is a heterogeneous society with hundreds of tribes, so there might be some differences. However, what we’d be explaining below is the rule of thumb you can be sure to trust as what’s obtainable in most parts of Nigeria.
There are generally four main parts of traditional marriages in Nigeria. These include an introduction; a list of marriage requirements; picking a date for the marriage; and bride price payment and handing over of the bride. In the paragraphs that follow, you’d get an insight into what to expect in a traditional marriage in Nigeria.
The first stage of every traditional marriage in Nigeria is the introduction visit. In this stage of the process, the suitor would take his family along with him, and pay a visit to the family of the would-be wife. During this visit, the suitor makes the intention to marry the would-be wife.
After a successful introduction, the next stage will be to collect the list of marriage requirements from the family of the would-be wife. You should note that a successful introduction is one in which the would-be wife agrees to the suitor’s intention of marrying her. Next, the family of the would-be bride would give the suitor and his kin a list of what should be gotten for the traditional marriage. The family requirements must be met before the day to be slated for the traditional marriage. The list may be verbal or written. If the content of the list is too much or some items are exorbitant, the suitor and his family can negotiate for an adjustment or reduction.
The third part of traditional marriage is choosing the date for the ceremony. This stage happens after the suitor and his family have gotten the listed items required by the family of the would-be wife. At this juncture, a date would be chosen for the traditional marriage to hold. Depending on the community of the would-be bride, some days of the week are sacrosanct and may not be chosen for the marriage ceremony.
The final stage of traditional marriage is the payment of the bride price (or dowry) and handing over of the bride. This is performed on the appointed date chosen for the traditional marriage, in which both families (i.e. suitor and would-be bride) would be present. The items on the list earlier presented to the suitor and his family would be presented during this occasion. The presented items would be cross-checked by the family of the would-be bride. Sometimes, the suitor and his kin may present the items earlier on behind the scenes. In such a case, a representative of the would-be family would confirm receipt of those items.
Thereafter, the most important part of the traditional marriage ceremony, which is the payment of the agreed-upon dowry, would be made. With the bride price being paid, the bride would be called upon to openly consent to the marriage in front of everyone. At this point, traditional marriage is declared to be a success.
The family of the newly-married bride would officially hand her over to the groom. Depending on the circumstances and the ethnicity of the bride, a few members of the bride’s family may escort her to her husband’s home or she (newly married) be taken to spend a short time at her husband’s family home before moving in with her husband formally.
We’ve been able to establish the legality of traditional marriage in Nigeria in this article. We went on to discuss what constitutes a traditional marriage as well as the various stages that are involved in traditional marriages in Nigeria.