FAMILY LAW IN NIGERIA

Topic of the day

- Know what is Family law

- The characteristics of a valid marriage

WHAT IS FAMILY LAW

In Nigeria, family law is the branch of law that governs matters relating to family relationships, marriage, divorce, adoption, child custody and inheritance. It contains various sections and cases outlining rights, obligations and legal procedures regarding family matters. The following is a summary of key chapters and notable cases relevant to Nigerian family law:

Chapters of Nigerian Family Law:

1. Marriage

Section 21 of the Matrimonial Causes Act: Provides grounds for annulment of marriage such as lack of consent, underage marriage and prohibited relationship.

Article 33 of the Marriage Act: sets out the requirements and procedures for marriage, including consent, age and registration.

2. Divorce

Section 15 of the Matrimonial Causes Act: Provides grounds for divorce, including adultery, cruelty and desertion.

Section 16 of the Matrimonial Causes Act: Provides for the welfare of children during divorce proceedings.

3. Child custody and support

Child Rights Act (2003): Governs the rights of children, including custody, maintenance and protection from abuse.

Section 71 of the Matrimonial Causes Act: Settles custody arrangements after divorce with an emphasis on the best interests of the children.

4. Inheritance and Succession

Section 33 of the Wills Act: governs the making and execution of wills in Nigeria.

Customary Law: Recognizes customary practices inherited among the various ethnic groups in Nigeria.

Famous cases:

1. Adeyemi v. Opeyori (1976)

This is a landmark case on the recognition of customary law in the Nigerian legal system, emphasizing the need for customary law to be established and not inconsistent with natural justice, equity and conscience.

2. Oyekanmi v. Oyekanmi (1974)

The case dealt with grounds for divorce in Nigeria and highlighted the importance of proving allegations such as adultery or cruelty to establish grounds for divorce.

3. Folawiyo v. Folawiyo (1981)

Discuss notable cases on the distribution of property and assets in divorce cases, emphasizing equitable distribution based on contributions to property acquired during the marriage.

4. A.G Lagos State v Dosunmu (1989)

This case highlights the recognition and protection of children’s rights under the Children’s Rights Act and the importance of the state in protecting these rights.

Family law in Nigeria is a dynamic field, influenced by legal provisions, customary practices and evolving judicial interpretations designed to ensure justice, protection and stability within the family unit.

THE CHARACTERISTICS OF A VALID MARRIAGE

Under Nigerian law, a valid marriage is characterized by specific requirements outlined in statutes and established through judicial interpretation. The following is a summary of the key features and relevant sections/cases that define a valid marriage in Nigeria:

Characteristics of a valid marriage:

1. Capacity and Consent

Article 21 of the Matrimonial Causes Act: Provides that parties to a marriage must have the legal capacity to marry and give their consent freely and without coercion.

Cases such as Ogbechie v. Onochie (1986): emphasized the importance of sincere and free consent, emphasizing that consent obtained by fraud or coercion may invalidate a marriage.

2. Formal requirements

Section 33 of the Marriage Act: Outlines the formalities for a valid marriage, including proper registration, minimum age requirements and, where necessary, the consent of parents or guardians.

Cases such as Anyaegbunam v. Anyaegbunam (1975): emphasized compliance with legal formalities for the validity of marriage.

3. Forbidden relationships

Article 3 of the Marriage Law: Lists prohibited relationships that prevent marriage due to blood relationships or existing marriages.

Cases such as Awolowo v. Awolowo (1972): Resolved issues related to prohibited relationships and their effect on the validity of marriage.

4. Monogamy and Polygamy

Section 18 of the Marriage Act: Recognizes monogamous marriage by default in Nigeria unless both parties consent to polygamous marriage and meet certain conditions.

Cases such as Aghimien v. Aghimien (1988) discuss the legal implications and requirements of polygamous marriage.

5. Customary and Islamic marriages

Recognition of Customary and Islamic Law: Nigerian law recognizes customary and Islamic marriages, but requires compliance with certain legal formalities for their validity.

Cases such as Alhaji Abubakar Atiku Abubakar v. Hajia Safiya Atiku Abubakar (2007): Addressing the issue of recognition and validity of Islamic marriages under Nigerian law.

Famous cases:

1. Akinloye v. Eyiyola (1968)

The case highlights the importance of consent and capacity for a valid marriage, emphasizing that both parties must give their free and informed consent to the marriage.

2. Ukeje v. Ukeje (2014)

This is a landmark case concerning a girl's right to inherit her father's estate under customary law, challenging discriminatory customary practices against women.

3. Osunma v. Osunma (1990)

This case highlights the importance of observing legal formalities for a valid marriage, emphasizing the need for proper registration and compliance with legal requirements.

4. Amodu v. Amodu (1988)

This case discusses the necessary conditions for a polygamous marriage to be considered valid under Nigerian law.

A valid marriage in Nigeria must comply with the provisions of the law, ensure that both parties have legal capacity, freely give their consent, meet formal requirements, avoid prohibited relationships, and comply with the chosen marriage recognized by law (whether customary, Sharia or statutory law) form.