Marriage under Nigerian law is not one-size-fits-all. Nigeria recognises different forms of marriage under customary and Islamic laws, but the Marriage Act can be nuanced and requires the fulfillment of certain criteria to be valid. Once you understand how it works, a lot of common (and costly) mistakes can be avoided—especially by Nigerians in the diaspora and foreigners who want a civil marriage that will be recognised in Nigeria and beyond.
This article explains, in practical terms, what it means to marry under the Nigerian Marriage Legislations, the legal requirements, and the serious consequences of mixing it with customary marriage without understanding the law.
What a Marriage Under the Nigerian Marriage Act Really Means.
A marriage celebrated under the Marriage Act is a statutory (civil) marriage. It is strictly monogamous: one man married to one woman, to the exclusion of all others. Once this type of marriage is contracted, neither party can lawfully marry anyone else—under customary law, Islamic law, or otherwise—until the marriage is properly dissolved by a competent court.
This principle has been consistently confirmed by Nigerian courts and remains settled law.
Who Can Validly Marry Under the Act?
Although the Marriage Act does not expressly fix a minimum age, Nigerian courts apply common law principles. In practice, parties must be of marriageable age (section 3(1)(e) Matrimonial Causes Act) and have the legal capacity to marry. Capacity means that neither person is mentally incapacitated and neither is already married to someone else.
Consent is foundational. Both parties must willingly agree to the marriage. Where consent is obtained by force, intimidation, fraud, or serious mistake, the marriage can be challenged and declared void. This position aligns with section 3(1)(d) Matrimonial Causes Act and has been upheld in several judicial decisions.
For parties under the age of 21 who are not widowed, written consent is required from a parent, guardian, or, in appropriate cases, a judge. This requirement under section 18 of the Marriage Act is not a mere formality. Failure to obtain the required consent can affect the validity of the marriage, especially if raised in court.
Another critical rule is the prohibition of bigamy and polygamy. A person who is already married under customary or Islamic law cannot validly contract a marriage under the Marriage Act unless the earlier marriage has been properly dissolved. Likewise, someone already married under the Act cannot lawfully enter any other marriage while it subsists. Courts in cases such as Osamwonyi v. Osamwonyi and Nwankpele v. Nwankpele have been clear on this point.
The law also prohibits marriages between close blood relations or certain in-laws, as outlined in section 3(1)(b) and 3(2) of the Matrimonial Causes Act. Same-sex marriages are not recognised under Nigerian law and are expressly prohibited.
How a Marriage Under the Act Is Celebrated
The process is more structured than customary marriage and is designed to create a public and verifiable record.
One of the parties must give notice of intention to marry at the marriage registry in the district where the marriage will take place. This notice must be given at least 21 days before the wedding, though it cannot exceed three months. The details provided—names, age, marital status—must be accurate. Any false declaration may later create legal problems.
If no objection is raised during the notice period and all legal conditions are satisfied, the registrar issues a certificate authorising the marriage.
The ceremony itself must take place either at a marriage registry or in a licensed place of worship conducted by a recognised minister. In special cases, a special licence issued by the Minister of Interior may permit celebration elsewhere. A marriage conducted outside these authorised venues is at serious risk of being declared void.
During the ceremony, the marriage must be officiated by a registrar or licensed minister in the presence of at least two witnesses. The marriage is immediately registered, and a certified extract of the register becomes legal proof of the marriage. While failure to issue a certificate may not automatically invalidate the marriage, it can create unnecessary evidential challenges later, especially in inheritance or divorce proceedings.
For foreigners or mixed-nationality couples, additional documentation or approvals may be required. However, once validly celebrated, a marriage under the Act is recognised throughout Nigeria and widely accepted internationally.
What Happens If You Do a Customary Marriage After a Statutory Marriage?
This is one of the most misunderstood areas of Nigerian family law.
Once a statutory marriage under the Marriage Act is in place, any subsequent customary marriage is legally worthless. It does not matter whether the customary ceremony is conducted with the same spouse or with another person. The law treats such a marriage as void from the outset.
Nigerian courts have repeatedly affirmed this position. In Osamwonyi v. Osamwonyi (1972) and Nwankpele v. Nwankpele (1973), the courts held that a subsisting statutory marriage makes any later customary marriage invalid and unenforceable.
Beyond invalidity, there are criminal consequences. Section 47 of the Marriage Act makes it an offence for a person married under the Act to contract another marriage during the subsistence of the statutory union. The penalty can be as severe as five years’ imprisonment. Depending on the circumstances, the act may also amount to bigamy under section 370 of the Criminal Code, which carries an even stiffer penalty.
These consequences apply even where parties mistakenly believe they are “formalising” their relationship or simply repeating cultural rites. The law does not recognise intention over legality in this context.
Implications for Children and Property
Where a customary marriage is void due to an existing statutory marriage, the legal status of children and property can become complicated. Under strict common law, children from such unions may be regarded as illegitimate, although the Constitution of the Federal Republic of Nigeria and the Administration of Estate Law of Lagos state provide that provides that children born in these circumstances cannot be discriminated against on the basis of their birth.. Again acknowledgment of paternity or other legal mechanisms influences this outcome in practice. Property and inheritance disputes usually favour the statutory spouse, as succession will be governed by statutory estate laws rather than customary rules.
These disputes often surface years later—after death, separation, or conflict—when the emotional and financial costs are highest.
Ending a Statutory Marriage
A marriage under the Marriage Act can only be dissolved by a court under the Matrimonial Causes Act. Customary separation, family agreements, or traditional rites do not end a statutory marriage. Until a court pronouncement is made and issuance of certificates of order nisi and absolute, both parties remain legally married and cannot validly enter into another marriage of any type.
Final Thoughts
A marriage under the Nigerian Marriage Act offers clarity, protection, and international recognition. But it also comes with strict legal consequences. Mixing statutory and customary marriages without proper legal advice exposes parties to void marriages, criminal liability, and bitter disputes over children and property/asset inheritance.
Whether you are marrying in Nigeria, the diaspora, or as a foreign national seeking a civil marriage recognised in Nigeria, the safest path is always informed compliance with the law. Before taking steps that cannot be undone, speaking with a qualified Nigerian legal practitioner is not just wise—it can save you years of legal trouble.
References
- Marriage Act 1914
- Matrimonial Causes Act 1970
- Dr. Osadayi Osamwonyi vs Itohan Osariere Osamwonyi (1972)10 SC.1
- Nwankpele v Nwankpele (1972) 2 CCHCJ 101
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