- ESSENTIALS OF A VALID MARRIAGE
- PROHIBITED DEGREE OF CONSANGUINITY AND AFFINITY
Essentials of a Valid Marriage in Nigeria
In Nigeria, the essentials of a valid marriage are governed by both statutory law and customary law, depending on the type of marriage being contracted. The two main types of marriage are statutory marriage (governed by the Marriage Act) and customary marriage (governed by the customs of the parties involved). Here, we will focus primarily on statutory marriage, which is often considered the more formal and widely recognized type of marriage in legal contexts.
1. Capacity to Marry
a.Age: this is where both parties must be of marriageable age. Under the Marriage Act, the minimum age for marriage is 21 years. If either party is below 21 years, written consent from a parent or guardian is required. See section 18 of the Marriage Act.
b.Mental Capacity: this is where both parties must have the mental capacity to understand the nature of the marriage contract and the duties and responsibilities it entails. This was affirmed in the case of Ezeanah v. Attah (2004) where the court held that lack of mental capacity could nullify a marriage.
c.Free Consent: this is where both parties must give their free and voluntary consent to the marriage. Consent obtained through duress, fraud, or undue influence can render the marriage void. See the case of Okafor v. Okafor (1964), where the court emphasized that any form of coercion invalidates consent.
2. Monogamous Nature
A statutory marriage in Nigeria is monogamous, meaning that it is a union between one man and one woman to the exclusion of all others. This is explicitly stated in Section 33 of the Marriage Act.
3. Prohibited Degrees of Relationship
Parties to a marriage must not be within the prohibited degrees of consanguinity (blood relationships) and affinity (relationships by marriage). These prohibitions are outlined in Section 3 of the Marriage Act and are intended to prevent incestuous relationships.
4. Proper Marriage Ceremony
The marriage must be conducted according to the prescribed form. This includes giving notice of marriage to the Registrar, the publication of banns, and the solemnization of marriage in a licensed place of worship or a marriage registry. The ceremony must be conducted by a recognized officiant. See section 27 of the Marriage Act which also includes the presence of at least two witnesses during the ceremony.
5. Registration of Marriage
After the ceremony, the marriage must be registered with the appropriate authorities. This provides legal proof of the marriage and is essential for the marriage to be recognized under Nigerian law. See section 30 of the Marriage Act.
Prohibited Degrees of Consanguinity and Affinity
The prohibited degrees of consanguinity and affinity are set to prevent marriages between close relatives, ensuring genetic diversity and upholding social norms. The Marriage Act specifies these prohibitions clearly.
Consanguinity (Blood Relationship)
Consanguinity refers to blood relationships. The Marriage Act prohibits marriages between close blood relatives to avoid incestuous relationships.
Examples of prohibited relationships include:
1.Parent and child
2.Siblings (brother and sister)
3.Grandparent and grandchild
4.Uncle and niece
5.Aunt and nephew
These prohibitions are outlined in the First Schedule of the Marriage Act. A case that highlights the application of these prohibitions is Re F (an infant) (1969), where the court nullified a marriage on grounds of consanguinity.
Affinity (Marriage Relationship)
Affinity refers to relationships formed as a result of marriage. The Marriage Act also prohibits marriages between certain in-laws to prevent potential familial conflicts and maintain social order. See the First Schedule of the Marriage Act.
Examples of prohibited relationships by affinity include:
1.A person and their spouse's parent (e.g., a man and his mother-in-law)
2.A person and their spouse's child from a previous relationship (e.g., a man and his stepdaughter)
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