Jurisdiction in customary law marriage refers to the legal authority or power of a court to hear and decide matters related to customary marriages. Customary law marriages in Nigeria are governed by the customary laws of the ethnic group to which the parties belong. This jurisdiction is crucial in determining the legality, dissolution, and other related matters of such marriages. See section 20 of the Customary Courts Law of various states which empowers customary courts to handle issues related to marriage, divorce, and other matrimonial causes under customary law.
1. Definition and Recognition
Customary law marriages are those contracted in accordance with the customs and traditions of the ethnic groups in Nigeria. These marriages are recognized under Nigerian law, particularly under the Marriage Act and the Matrimonial Causes Act.
2. Jurisdiction of Customary Courts
Customary courts are vested with the jurisdiction to hear and determine matters related to customary law marriages. These courts operate at the state and local government levels and apply the specific customary laws of the ethnic groups within their jurisdiction.
3. Legal Requirements for Jurisdiction
For a customary court to have jurisdiction, certain conditions must be met:
a.The parties must belong to the ethnic group whose customary law is being applied.
b.The marriage must have been conducted according to the customary practices of that ethnic group.
c.The court must be within the territorial jurisdiction where the parties reside or where the marriage was contracted.
4. Relevant Cases
See the case of Oyewinle v. Oyewinle (1987) 2 NWLR (Pt. 56) 239 where the court held that a customary marriage is valid if conducted in accordance with the customs of the parties involved. It also emphasized the importance of jurisdiction, noting that only courts familiar with the relevant customs should adjudicate such matters.
See also the case of Osamwonyi v. Osamwonyi (2017) LPELR-41526(CA) where the Court of Appeal reiterated that customary courts have the exclusive jurisdiction to handle issues arising from customary marriages, including their dissolution. The court stressed that any matter related to customary marriage should be brought before the appropriate customary court.
5. Jurisdictional Challenges
Several challenges can arise regarding jurisdiction in customary law marriages:
a.Conflicting Customary Laws: In cases where parties belong to different ethnic groups, determining which customary law to apply can be complex.
b.Geographical Boundaries: Customary courts have territorial limits, and issues can arise when parties move to different jurisdictions.
c.Recognition of Customary Law: Not all customary practices are recognized under Nigerian law, particularly if they conflict with constitutional provisions or public policy.
6. Superior Courts and Customary Law
While customary courts primarily handle customary marriage issues, superior courts (High Courts) can exercise appellate jurisdiction. They review decisions made by customary courts to ensure they comply with principles of justice and the laws of Nigeria. See section 274 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides for the establishment of Customary Courts of Appeal in states, which handle appeals from customary courts and section 282 of the Constitution which outlines the jurisdiction of Customary Courts of Appeal, focusing on issues of customary law.
7. Dissolution of Customary Law Marriages
The dissolution of customary law marriages is also within the jurisdiction of customary courts. The grounds for dissolution and the procedures followed are dictated by the customary laws of the relevant ethnic group. See the case of Oladunni v. Oladunni (1990) 5 NWLR (Pt. 153) 48 where the court highlighted the process of dissolving a customary marriage. The court underscored that the dissolution must be in line with the customary laws of the parties and that customary courts have the appropriate jurisdiction to handle such matters.
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