Understanding the legal requirements of a valid customary marriage is essential for Nigerian women, especially in a period where digital violence, contested marital status, and inheritance disputes are becoming common. Contrary to popular belief, customary marriage is not a free-for-all. It has strict legal conditions, and any deviation places women at risk — particularly during separation, divorce, or when an estate is being distributed.
This explainer breaks down what Nigerian law actually requires, supported by case law and statutory references.
1. Customary Law Must Pass Three Legal Tests
Before any customary practice can be recognized as having the force of law, it must meet the three-pronged validity test established in both statute and case law.
A custom is valid only if it:
- Is not repugnant to natural justice, equity, and good conscience;
- Is not incompatible with any existing law;
- Is not an “ancient” custom but one currently practiced.
🔹 Authority:
- Evidence Act 2011, Section 18(3)
- Lewis v Bankole (1908) 1 NLR 81 at 102
- Dawodu v Danmole (1962) 1 All NLR 702
These tests are crucial because many harmful practices fail the repugnancy and incompatibility tests, meaning they cannot legally stand even if they are “traditional.”
2. What Nigerian Courts Say Are the Essentials of a Valid Customary Marriage
Contrary to speculation in the media, the courts are very clear about the core elements of a valid customary marriage.
The Court of Appeal in Obi & Ors v Bosah & Ors (2019) LPELR-47243(CA) held:
“There are two essentials of a valid customary marriage: payment of bride price and handing over of the bride to the groom.”
This position has been reaffirmed repeatedly, including in:
- Agbeja v Agbeja (1985) 3 NWLR (Pt 11)
- Okolonwamu v Okolonwamu (2014) LPELR-22631 (CA)
These cases show that a marriage where these steps are absent — no bride price, no formal handover — is not legally complete, no matter the public display, introduction ceremonies, or social media posts.
3. Consent Is Fundamental — Parties AND Parents
One of the most misunderstood aspects of customary marriage is the requirement of dual consent.
The law requires:
- Consent of both parties, and
- Consent of the bride’s parents (or the father or his male representative).
In Osamwonyi v Osamwonyi (1972) LPELR-2789 (SC), the Supreme Court held:
“Consent is not only basic but fundamental to a potentially polygamous union such as a Customary Marriage.”
Without parental consent and collection of bride price by the rightful family authority, the marriage is defective.
This is particularly important in cases where:
- a father is absent,
- parents are estranged,
- someone other than the father “stands in,”
- marital negotiations are rushed or contested.
Courts closely scrutinize these contexts during divorce and estate disputes.
4. Step-by-Step Requirements of a Valid Customary Marriage in Nigeria
Below is a consolidated list — useful for public education, legal awareness campaigns, and advocacy work.
✔ Step 1 — Consent of the Couple
Both parties must freely agree to the marriage. Forced or coerced unions are not valid.
✔ Step 2 — Consent of the Bride’s Parents
This typically means the father or, in his absence, a male representative from the lineage who is legally recognized.
✔ Step 3 — Bride Price Must Be Paid
There is no national minimum or maximum.
Some states cap the amount (e.g., Enugu, Anambra).
Often includes items such as clothing, drinks, or food.
✔ Step 4 — A Customary Wedding Ceremony Must Be Performed
This must follow local culture and be conducted in the presence of witnesses.
✔ Step 5 — Handing Over of the Bride
This is a core requirement.
Her family must formally hand her over to the groom and his family.
✔ Step 6 — Cohabitation May Begin
After the ceremony, cohabitation signifies the completion of marriage rituals.
**✔ Step 7 — Mandatory Registration Within 60 Days
Under Section 30, Births, Deaths, Etc. (Compulsory Registration) Act, all customary marriages must be registered in:
- the Area Court, or
- the Customary Court of the location where the marriage was contracted.
This step is routinely ignored — creating problems later in:
- child custody
- divorce
- inheritance disputes
- claims of marital status
- pension/next-of-kin issues
Registration does not validate a void marriage — but it creates documentary proof, which women especially need.
5. Why This Matters for Nigerian Women
Customary marriages are recognized by law — but only when validly conducted.
Improper or incomplete customary marriages expose women to:
- being denied marital status
- loss of inheritance rights
- loss of custody
- denial of maintenance
- polygamy without safeguards
- digital/public humiliation
- difficulty proving next-of-kin status
- vulnerability during divorce
- exploitation during widowhood
In a digital era where reputational harm can be weaponised against women — as seen in recent celebrity and political divorce scandals — the weakness of customary documentation increases risk.
Final Takeaway
A customary marriage is not valid simply because:
- a ceremony took place,
- photos circulated,
- the couple lived together, or
- bride price was “attempted.”
It is valid only when the legal elements (bride price + handing over + dual consent + proper ceremony) are fulfilled andthe marriage is registered within 60 days.
This clarity protects women, strengthens families, and prevents years of legal battles.
SURVEY (Anonymous)
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