Nigeria is really as pluralistic in her own legal systems as she’s in ethnic make ups. You will find essentially three systems of law in Nigeria I.e the British law, Customary law and Islamic law (also referred to as Sharia law).
All these laws and regulations has its own system of marriage, though they’ve their variations and similarities. All of the three systems of marriage are equal a minimum of when it comes to their recognition as marriage that may be legally contracted in Nigeria by anybody who wants.
It’s possible for an individual to contract two marriages, one underneath the Customary law and yet another underneath the Islamic law however this is unacceptable so far as British law is worried.
It’s important at this time to take a look at each one of the marriages with a few details.
British Law Marriage
Contracting marriages using the tenets from the British law is controlled by the wedding Act in Nigeria. Dating back to 1860 a legal court had, in Hyde versus. Hyde, defined marriage as ” the voluntary union for existence of 1 man and something lady towards the exclusion of others”. It has been recognized because the concept of the British law marriage since. This kind of marriage clearly abhors polygamy.
For any marriage to become valid and qualified being an British law marriage in Nigeria, the under listed conditions stipulated through the Marriage Act should be complied with.
Conditions for Valid British Law Marriage
Parties towards the marriage should have decided to be couple
The person should have filed a notice within the Marriage Registry inside the area in which the marriage will be celebrated, stating his intention to obtain married
The notice will be joined within the Marriage Notice Book through the registrar
The notice remains open for at least a 3 week period prior to the Registrar can issue Marriage License
Throughout the a 3 week period, anyone who so wishes may enter a caveat being an objection towards the planned marriage
At this time, the Registrar will refer the caveat towards the High Court that will determine the fate from the caveat one of the ways or another
In which the caveat takes place valid through the High Court, the Registrar is going to be stopped from issuing the wedding Certificate before the objection elevated within the caveat ceases to exist
In which the High Court invalidates the caveat, the Registrar will go to issue the wedding Certificate. The issuance from the Marriage License shouldn’t be sooner than a 3 week period or after 3 several weeks from the moment of filling a notice of intention to obtain married through the man.