Family
Statutory, customary and Islamic marriage run in parallel with different consequences
The Matrimonial Causes Act governs statutory monogamous marriage and its dissolution on irretrievable breakdown. Customary and Islamic marriages are separately valid, may be polygynous, and are dissolved in customary or Sharia courts. Which regime applies determines succession, custody and property rights.
Key rules
- Jurisdiction — State High Courts for statutory matrimonial causes; customary courts and Sharia Courts of Appeal for the other two regimes.
Governing law
- Marriage Act, Cap M6 LFN 2004
- Matrimonial Causes Act, Cap M7 LFN 2004 — Irretrievable breakdown; s.15(2) facts.
- Child Rights Act, 2003 — Sets marriage age at 18, but requires state-level adoption; not adopted in several northern states.
In practice
Nigeria recognises three marriage systems. A statutory marriage under the Marriage Act is monogamous and dissoluble only by the High Court under the Matrimonial Causes Act, which requires proof that the marriage has broken down irretrievably by reference to the facts listed in s.15(2), with a two-year separation ground among them. Customary marriage is potentially polygynous, formed by compliance with the relevant community's requirements including bride price, and dissolved in customary courts. Islamic marriage in the north is governed by Maliki fiqh as applied by Sharia courts. The regime chosen determines succession: statutory marriage attracts the Administration of Estates laws, customary marriage attracts customary succession, which historically disadvantaged widows until decisions such as Ukeje v Ukeje (2014) held that customary rules excluding daughters from inheritance violate s.42 of the Constitution. The Child Rights Act 2003 sets 18 as the age of marriage but is a federal law requiring state adoption, and a number of northern states have not adopted it.