There are also “woman-to-woman” marriages in certain customs. Here, a woman who is childless, widowed, or for any other reason can get married to another woman by paying a bride price and performing other traditional marriage ceremonies. The courts do not recognize this custom. These customs have been ruled illegal and void by Nigeria’s Supreme Court.
Nigerian customary law is not unified and applies to the entire country. Nigerian communities around the country have long-standing customs that, because of their widely accepted use, have been recognized as customary law and are obligatory on those who follow them. Although customary law is primarily unwritten, it can be upheld in court if its presence is established.
The Nigerian Constitution and laws supersede all indigenous laws and practices. Therefore, everything that is produced by Nigerian law that conflicts with traditions, customary laws, rites, rituals, processes, rights, and duties under customary marriage cannot exist. Customary matters pertaining to marriages under customary law and the rights or obligations that result from such can be heard by and lawfully resolved by the Customary Courts and Area Courts of the States in Nigeria, including the Federal Capital Territory.
Customary Courts of Appeal have been formed in the States and the Federal Capital Territory with the authority to evaluate and supervise cases in which a wife attempting to enforce her marital rights feels that the resolution of the issue was not justified. The Court of Appeal hears appeals from the Customary Court of Appeal, and the Supreme Court of Nigeria is the last court to hear cases. Customs surrounding marriage differ from place to place. Two requirements have been established by the courts as necessary for a legitimate Customary Law marriage in any region of Nigeria:
Steps to a Valid Customary Marriage
1. The parents of the bride must consent to the marriage
2. The groom and his family must pay an agreed sum as bride price to the family of the bride. 3. There is no national maximum or minimum prescribed bride price, although, certain states have set down a maximum amount. In some customs, this sum is accompanied by certain material things like clothes, food items and drinks, wedding ceremony must be carried out in the presence of witnesses and in accordance with the customary practices of the people in the locality
The family of the bride shall, during the customary wedding ceremony, hand over the bride to the groom and his family. After the marriage ceremony, the couple can then begin to cohabit.
