The Marriage That Left No Paper Trail: On Proving Customary Law Marriage in Nigeria by Lawson Akhigbe

Nigerian law has always been more comfortable with paper than with people. A statutory marriage produces a certificate, a registrar, a stamp, a bureaucratic afterlife. A customary marriage produces witnesses, memory, and decades later, when the deceased’s estate is being carved up by relatives who suddenly remember every obligation of kinship a courtroom full of people arguing about who exactly was standing where when the kola nut was broken.

Dissolution Of Customary Marriages

When a customary marriage is dissolved in Nigeria, the distribution of property and assets does not follow the same rules as a statutory (court) marriage. While statutory marriages are governed by Section 72 of the “Matrimonial Causes Act (MCA)” which grants judges wide discretion to divide matrimonial properties equitably, customary marriages are governed strictly by “Native Law and Custom”, subject to constitutional tests of fairness.