UNIT 18 - DISSOLUTION OF CUSTOMARY MARRIAGE

TOPIC OF THE DAY

- DISSOLUTION OF CUSTOMARY LAW MARRIAGES IN NIGERIA

- GROUNDS FOR DISSOLUTION

- PROCEDURES FOR DISSOLUTION

- LEGAL RECOGNITION AND COURT INVOLVEMENT

Dissolution of Customary Law Marriages in Nigeria

Customary law marriages in Nigeria are regulated by the customs and traditions of the various ethnic groups within the country. The process of dissolving these marriages varies across different cultures but generally involves both customary practices and statutory provisions. See the Matrimonial Causes Act 1970, Section 69 which provides that customary marriages can also be dissolved by a court decree if it’s found that customary practices have been complied with and the Evidence Act, Section 14(2) which recognizes the application of customary law where it can be proved as being in operation within a particular community.

Grounds for Dissolution

Customary law marriages can be dissolved based on several grounds, which might include but are not limited to:

1.Adultery: This means engaging in an extramarital affair is a common ground for dissolution.

2.Desertion: This means one spouse abandoning the other without reasonable cause.

3.Cruelty: This means physical or emotional abuse by one spouse towards the other.

4.Impotence: This means the inability to consummate the marriage.

5.Witchcraft or juju: This is the accusations of engaging in harmful traditional practices.

6.Mutual Consent: this means both parties agreeing to end the marriage.

Procedures for Dissolution

The process for dissolving a customary law marriage typically involves the following steps:

1.Family or Elders’ Intervention: Initially, this is where the families or elders of the couple often try to mediate and reconcile the differences. If reconciliation fails, the matter proceeds to the dissolution stage.

2.Return of Bride Price: A significant aspect of dissolving a customary marriage is the return of the bride price or dowry. This is where the husband's family usually requests this from the wife’s family as a formal dissolution of the union.

3.Community or Court Involvement: Depending on the customs, this is where the dissolution may be formalized in a community meeting or through a customary court.

Legal Recognition and Court Involvement

While customary marriages are primarily governed by traditional practices, statutory laws also recognize and sometimes regulate these marriages. The Nigerian courts have jurisdiction to adjudicate matters concerning the dissolution of customary marriages under certain conditions. See the case of Okpanum v. Okpanum (1972) 2 ECSLR 561where the court highlighted the necessity of returning the bride price for the dissolution of a customary marriage. The court emphasized that the marriage remains valid until the bride price is refunded and the case of Suberu v. Suberu (1957) SCNLR 45 where the Supreme Court dealt with issues of cruelty and how it can be grounds for the dissolution of a customary marriage. The court outlined that persistent cruelty or inhuman treatment justified dissolution.