Micheal Idowu

CUSTOMARY MARRIAGE

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.…

By Micheal Idowu

November 9, 2025