Marriage involving minors is a complex issue in Nigeria, given the interplay between statutory law, customary law, and Islamic law. Understanding the legal framework requires examining these different systems and relevant statutes and cases.
Statutory Law
Under the statutory law in Nigeria, particularly as prescribed by the Marriage Act, there are specific provisions regarding the marriage of minors under the Marriage Act (Chapter 218 of the Laws of the Federation of Nigeria 1990). See section 18 which explicitly states that parties intending to marry must be at least 21 years old. If either party is under 21 years, they are considered a minor and must obtain written consent from their parents or guardians, section 19 then states that if the necessary consent is refused, parties can apply to a judge in chambers for consent and section 20 provided that any marriage conducted without the required consent is considered void. See the case of Ozimi v. Ozimi (1967) 1 All NLR 160 where the court dealt with the validity of a marriage involving a minor. The court held that a marriage contracted without the requisite consent of the minor’s parents or guardians is void ab initio.
Customary Law and Islamic Law
1.Customary Law: In many Nigerian communities, customary law allows the marriage of minors, especially girls, as part of traditional practices. These practices are deeply rooted in the culture and can vary significantly across different ethnic groups. See the case of Labinjo v. Abake (1924) 5 NLR 33 where the court involved the customary marriage of a minor. The court recognized the validity of the marriage under customary law despite the girl being a minor, illustrating the legal pluralism in Nigeria's marriage laws.
2.Islamic Law: Under Islamic law, which is applicable in many Northern Nigerian states, the marriage of minors is permissible once the girl has reached puberty. The age of puberty is typically determined by physical signs and can be as young as 12 years.
Legal Consequences
1.Void Marriages: Under statutory law, marriages involving minors without the requisite consent are void. This means that the marriage is considered never to have legally existed. See the case of Alake v. Pratt (1955) 15 WACA 20 where the court emphasized the necessity of parental consent for the marriage of minors under statutory law, reiterating that such marriages without consent are invalid.
2.Legal Protections: The Child Rights Act 2003, which aims to protect the rights of children, indirectly addresses child marriage. Although not universally adopted by all Nigerian states, the Act prohibits child betrothal and marriage, aligning with international conventions on child rights.
3.Criminal Sanctions: In some states that have domesticated the Child Rights Act, there are criminal sanctions against individuals who contract marriages with minors.
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