Marriage
Statutory, customary and Islamic marriage coexist, and the age floor of 18 depends on whether a state has adopted the Child Rights Act.
Marriage is governed by the Marriage Act for statutory marriages, alongside customary and Islamic marriage systems that operate in parallel. The Child Rights Act sets 18 as the minimum age, but it has not been adopted by every state, and northern Penal Code provisions differ.
Key points
| Age | 18 under the Child Rights Act, where adopted by the state |
|---|---|
| Polygamy | Permitted under customary and Islamic law; statutory marriage is monogamous, and contracting a statutory marriage while customarily married is an offence. |
| Statutory marriage | Monogamous, registered at a marriage registry |
| Customary and Islamic marriages | May be polygynous; validity depends on compliance with the relevant system |
| Same-sex marriage | Prohibited and criminalised under the 2013 Act, which also penalises witnessing or registering such a union |
| Bride price | Central to customary marriage and often in issue on dissolution |
| Registrar's certificate | Required even for a church wedding to count as a statutory marriage |
| Licensed place of worship | The church must be licensed for marriages |
| 21 days' notice | Given at the marriage registry |
| Consequences differ | Statutory and customary marriages have different inheritance regimes |
In practice
- Confirm that the church is licensed and that the registrar's certificate has been issued.
- Keep the marriage certificate safe: it determines which succession rules apply on death.
Worth knowing
Many couples believe a church wedding is automatically a statutory marriage. Without the registrar's certificate it is not, and the difference emerges at the worst moment.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
There is no cohabitation regime, and only statutory marriage gives the full range of spousal rights.
Nigeria has no cohabitation regime. Customary law may recognise a union where bride price has been paid, which is a different question from cohabitation as such, and statutory marriage remains the only route to the full range of spousal rights. Property claims between unmarried partners depend on ordinary trust and contribution principles.
Key points
| No recognition of cohabitation | Only statutory, customary and Islamic marriages have status |
|---|---|
| Customary marriage | Often assumed to exist where bride price was paid and families consented |
| Evidence | Payment of bride price and family involvement are the usual proof |
| Widows | Customary practices that dispossess widows have been held unconstitutional |
In practice
- Document the customary steps taken: witnesses, payments and family consent.
- Register the customary marriage where the state provides for it.
Worth knowing
Courts have struck down customary rules that disinherit widows and daughters. Those decisions are binding but are still widely ignored at community level.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
The Same Sex Marriage (Prohibition) Act of 2013 goes well beyond criminalising conduct. It prohibits same-sex marriage or civil union with fourteen years' imprisonment, the registration or operation of organisations and their support with ten years, and public displays of affection between same-sex partners, also with ten years. Northern states applying Sharia provide for heavier penalties.
Nigeria's statute is drafted to eliminate not only relationships but the possibility of organising around them. That design is what distinguishes it from older colonial provisions elsewhere: the target includes the lawyer, the clinic and the friend who attends a ceremony. For a binational couple, it means there is no local structure to fall back on.
Key points
| Marriage | Prohibited; fourteen years' imprisonment |
|---|---|
| Organisations | Registration, operation and support punishable with ten years |
| Public affection | Punishable with ten years |
| Sharia states | Heavier penalties in the northern states applying Sharia |
| Foreign marriage | Void and unenforceable in Nigeria |
| Discrimination | No protection; support itself is criminalised |
Cost and coverage
Extortion is widespread and is the most commonly reported harm.
Recent changes
The 2013 Act remains in force unchanged, and international bodies continue to document arrests, extortion and mob violence carried out with impunity.
Worth knowing
The Act criminalises association and advocacy, not only conduct: it exposes friends, lawyers and organisations who help, which is why no support infrastructure can operate openly.
Frequently asked questions
Does the Act reach a marriage celebrated abroad?
Yes, in the sense that it is void and unenforceable in Nigeria, and entering into such a union is itself an offence. A foreign certificate confers nothing and is better not produced to any authority.
What are the practical risks?
Extortion above all, frequently by people posing as partners on dating applications, and mob violence. Police protection is unreliable and complainants have themselves been detained. Treat digital traces as the principal exposure.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Nigeria recognises statutory marriage under the Marriage Act, customary marriage, and Islamic marriage. A statutory marriage may be celebrated in a licensed place of worship, but only after notice to the marriage registrar and issue of a registrar's certificate. Many church weddings are celebrated without this step, which means the couple are married under customary law only, with very different consequences for property and succession.
Key points
| Statutory marriage | Licensed place of worship or registry, with the registrar's certificate |
|---|---|
| Notice | 21 days at the marriage registry |
| Customary marriage | Recognised; registration varies by state |
| Islamic marriage | Recognised, with Sharia courts in the northern states |
| Consequence | Statutory marriage excludes further customary marriages; customary marriage does not |
| Succession | The applicable inheritance regime depends on which type of marriage was contracted |
| Licence for the place of worship | Without it the church cannot celebrate a statutory marriage |
| Registrar's certificate | Issued after 21 days' notice |
| Succession consequences | Depend on which type of marriage was contracted |
In practice
- Ask the church to show its licence and the registrar's certificate before the date is fixed.
Where to go
- Marriage registry of the local government area.
- Federal Marriage Registry, Ikoyi, for statutory marriages.
- Legal Aid Council of Nigeria.
Worth knowing
The type of marriage determines the inheritance rules that apply on death. Couples who believe they contracted a statutory marriage, but whose church was not licensed, often discover the difference at the worst moment. Couples who believe they contracted a statutory marriage, but whose church was unlicensed, discover the difference when one of them dies.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
The introduction, then a traditional wedding of great colour — and aso ebi for the guests.
A Nigerian wedding comes in two parts. The introduction brings the families together formally. The traditional wedding follows, with its own regional form: among the Yoruba, an alaga on each side conducts proceedings in verse and banter; among the Igbo, the igba nkwu sees the bride search the crowd for her groom and offer him palm wine. Guests wear aso ebi, matching fabric identifying each group.
A Nigerian wedding has two distinct events: the introduction, at which the families formally meet and the man's family states its intention, and the traditional wedding, which is the elaborate, colourful celebration at which bride price and gifts are presented. Many couples add a church or mosque ceremony and a white wedding. Guests wear aso ebi — a fabric chosen by the family, bought by guests and made up into outfits so that groups match.
Key points
| Introduction | First formal meeting of the two families |
|---|---|
| Bride price | Negotiated, with a list of items presented |
| Alaga | Yoruba masters of ceremony, one per family, in spoken contest |
| Igba nkwu | Igbo wine-carrying: the bride finds her groom and offers palm wine |
| Aso ebi | Matching fabric worn by each family group |
| White wedding | Church or mosque ceremony, often the following day |
| Registration | Statutory marriage is separate and monogamous |
In practice
- Buy the aso ebi your hosts specify: it identifies which family you belong to.
- The traditional wedding is the one the families consider real — do not skip it.
- Spraying money on the dancing couple is expected, in small notes.
- A statutory marriage is monogamous; a customary one is not.
What it costs
Costs vary enormously; a Lagos society wedding runs into many millions of naira, while a modest celebration is far less. Bride price itself is usually symbolic; the expense is catering, aso ebi and the venue.
Recent changes
Marriage registries have tightened procedures after disputes over the validity of ceremonies conducted by local councils, and couples seeking recognition abroad are advised to use a federal marriage registry.
Frequently asked questions
What is aso ebi?
A specific fabric selected by the couple's family which guests buy and have tailored, so that everyone in a group appears in the same cloth. Being asked to buy it is an inclusion, not an imposition, and declining is noticed. Expect to pay for the fabric yourself.
Which ceremony is the legal one?
A traditional marriage is recognised as a customary marriage; a statutory marriage requires a licence and a ceremony at a marriage registry or a licensed place of worship. Many couples do both. If you need the marriage recognised abroad, the statutory one is the document you will need.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
Property follows legal title, succession depends on the type of marriage, and Ukeje confirmed daughters' right to inherit.
Property follows legal title, though courts may order settlement of property on divorce. Succession depends on the type of marriage: statutory marriages bring the estate under the Administration of Estates laws, while customary law may otherwise apply. In Ukeje (2014) the Supreme Court struck down the Igbo custom excluding daughters from inheriting as unconstitutional.
Key points
| Matrimonial property | Follows title; settlement of property orders available |
|---|---|
| Statutory succession | Administration of Estates laws of the relevant state |
| Customary succession | Applies to customary marriages, subject to constitutional limits |
| Daughters | Ukeje confirmed daughters' right to inherit |
| Widows | Customary practices disinheriting widows have been held unconstitutional |
| Wills | Permitted, subject to customary law limits in some states |
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
Statutory marriages end on proof of facts such as two or three years' separation, while customary and Islamic marriages go to customary or Sharia courts.
Divorce is governed by the Matrimonial Causes Act for statutory marriages, with breakdown shown by facts including two or three years' separation. Customary and Islamic marriages are dissolved in customary or Sharia courts under their own rules, and the two systems run in parallel.
Key points
| Ground | Breakdown of the marriage, evidenced by statutory facts |
|---|---|
| Separation | Two years with consent, three years without, among the available facts |
| Property | Follows legal title, though the court may order settlement of property |
| Customary divorce | Handled by customary or Sharia courts; refund of bride price may be in issue |
| Children | Welfare principle applies |
| Two-year bar | No petition within two years of a statutory marriage, save with leave |
| Facts | Several facts establish breakdown, including desertion and living apart |
| Customary divorce | Dissolved before customary courts, with refund of bride price in some communities |
| Type of marriage decides | A statutory marriage cannot be dissolved by customary means |
In practice
- Establish which type of marriage you contracted before filing anywhere.
- For a statutory marriage, file in the High Court; customary courts have no jurisdiction over it.
Worth knowing
Dissolving a statutory marriage by customary process is void. People who remarry afterwards commit bigamy without realising it.
General sources
- Nigeria.gov.ng — official government portal