A CRITICAL ANALYSIS OF THE VALIDITY OF CUSTOMARY LAW MARRIAGE IN NIGERIA

ABSTRACT This study delves into the pivotal topic of customary law marriages in Nigeria, a cogent subject hitherto under-explored in Nigeria. The research scrutinizes the concept of marriage in customary law with copious emphasis on the legality, essential elements and dissolution. Marriage contracted under customary law is considered a customary union and in Nigeria, where the most predominant and recognized form of marriage is customary law marriage with more prevalence than statutory marriage. The diverse customary law marriage practices both in the past and the present, conflict with statute and some case laws in Nigeria. This research also analyzes and compares existing theoretical approaches to the sources of customary law marriages with the approach taken by diverse cultures Employing a doctrinal methodology, the study cherry-picks from a compendium of primary, secondary sources, upon case law, scholarly articles, books, and reports to provide a holistic understanding of the subject matter. The findings from this study underscore the potential of legalizing and enforcing customary law marriages, particularly given their scope and preclusive effect. However, the research also reveals significant gaps in the current legal frameworks, including absence and lack of comprehensive laws regulating such and the lack of awareness and understanding of customary law marriages as well as the formalities among individuals. To this end, the study recommends the pertinent needs to strengthen the relevant institutions, and review existing laws in a bid to ensure they provide an enabling environment for marriages under customary law.