Customary vs Statutory Marriage in Nigeria – Legal Differences That Matter
Introduction
Customary vs. statutory marriage in Nigeria remains one of the most important legal topics for couples, families, and legal practitioners alike. With Nigeria’s dual legal system recognizing both native customs and modern statutes, many individuals are often unaware of the legal implications, rights, and responsibilities that differ between these two forms of union. Whether you’re preparing to marry, advising a client, resolving marital disputes, or planning your estate, understanding the legal differences between customary and statutory marriage in Nigeria is not only essential—it’s empowering. This comprehensive article explains everything you need to know about both forms of marriage, the legal frameworks that govern them, and why these differences truly matter.
Understanding the Dual Legal System in Nigeria
Nigeria operates a plural legal system, made up of:
-
Customary Law – Indigenous traditions and customs of ethnic communities.
-
Islamic (Sharia) Law – Applicable in northern states for Muslims.
-
Statutory (English-based) Law – Established through legislations and the Constitution.
This pluralism extends to marriage laws, leading to the coexistence of customary marriages and statutory marriages under Nigerian law.
Definition of Customary Marriage
A customary marriage is a union contracted in accordance with the native law and custom of the ethnic group to which one or both spouses belong. It includes all traditional rites, parental consent, and exchange of bride price or dowry.
Key Features:
-
Recognized by local community and family.
-
Often polygamous (husband may marry multiple wives).
-
Conducted with traditional rites, not court registration.
-
Not subject to the Marriage Act.
Definition of Statutory Marriage
A statutory marriage, also known as court marriage, is a monogamous union conducted and registered under the Marriage Act, Cap M6, LFN 2004.
Key Features:
-
Must be between one man and one woman.
-
Conducted in a licensed registry or recognized place of worship.
-
Requires public notice, witnesses, and legal registration.
-
Officiated by a registrar or licensed minister.
Major Legal Differences Between Customary and Statutory Marriage
1. Monogamy vs. Polygamy
-
Statutory Marriage: Monogamous – Only one wife is allowed at a time. Any additional marriage is null and void and constitutes bigamy (a criminal offence).
-
Customary Marriage: Polygamous – A man may marry multiple wives under his native law and custom.
2. Formalization Process
-
Statutory:
-
Notice of Marriage filed at the registry.
-
21-day waiting period.
-
Affidavit of bachelorhood/spinsterhood.
-
Prohibition of objection period.
-
Marriage conducted by registrar or licensed clergy.
-
Certificate issued.
-
-
Customary:
-
Parental consent.
-
Payment of bride price/dowry.
-
Traditional rites (varies by tribe).
-
Witnesses from both families.
-
No need for registry registration (unless voluntarily registered).
-
3. Recognition by Law
-
Both are recognized under Nigerian law, but statutory marriage confers stronger legal protections, especially regarding inheritance, property rights, and divorce.
4. Legal Documentation
-
Statutory: Marriage Certificate issued by a government-approved registry.
-
Customary: No government certificate; proof may be by witness testimony, photographs, traditional items, or family record.
5. Divorce Procedures
-
Statutory Marriage:
-
Can only be dissolved by a High Court.
-
Governed by Matrimonial Causes Act.
-
Based on grounds such as adultery, abandonment, cruelty, etc.
-
-
Customary Marriage:
-
Can be dissolved by elders or customary court.
-
More flexible and community-based.
-
Usually involves return of bride price.
-
Registration of Customary Marriage
Although not originally required, parties may choose to register their customary marriage under the Marriage (Customary Marriage Registration) Law of Lagos State 2017 and similar laws in other states. Benefits include:
-
Proof of union for legal and immigration matters.
-
Protection of property rights.
-
Easier access to legal remedies.
Customary vs. Statutory Marriage in Estate and Inheritance Law
Under Customary Marriage:
-
Inheritance follows customary law of the deceased’s tribe.
-
Widows may be excluded or given minimal rights.
-
Sons may inherit greater portions.
-
No automatic rights unless proven customary wife.
Under Statutory Marriage:
-
Inheritance follows Administration of Estates Law and the Wills Act.
-
Spouses have stronger claims to the estate.
-
Widows/widowers and children are legally protected.
-
Surviving spouse gets priority in letters of administration.
Implications on Property Ownership
-
Customary Marriage: Joint property is not presumed. Women may have to prove contribution.
-
Statutory Marriage: Courts can order equitable distribution of jointly acquired property upon divorce.
Child Legitimacy and Custody
Under both types of marriage:
-
Children born within the union are considered legitimate.
-
Customary laws may vary on legitimacy for children born before or outside marriage.
-
Statutory law ensures custody decisions are made in the best interest of the child, following formal proceedings.
Religious or Church Weddings: Are They Statutory?
Not all church weddings are statutory.
To be recognized as a statutory marriage:
-
The church must be licensed under the Marriage Act.
-
The couple must complete the registry process and be issued a statutory marriage certificate.
-
Otherwise, the church wedding is considered a customary marriage with religious flavor.
Can You Convert a Customary Marriage to a Statutory Marriage?
Yes. This is called Marriage Revalidation or Conversion.
Process:
-
Visit a marriage registry.
-
Give notice of marriage.
-
Satisfy statutory requirements.
-
Conduct a civil ceremony (even if already traditionally married).
-
Receive a statutory certificate.
This is highly recommended to enjoy full legal protections under the Marriage Act.
Why the Legal Differences Matter
-
Protection from Polygamy – Statutory marriage gives women exclusivity rights.
-
Inheritance Rights – Legally wedded spouses are protected under the law.
-
Immigration and International Travel – Statutory certificates are required for visa applications, spousal relocation, etc.
-
Property Claims and Divorce – Rights are clearer under the Matrimonial Causes Act.
-
Legal Recognition – Statutory marriage is more easily accepted abroad.
Which One Should You Choose?
| Criteria | Customary Marriage | Statutory Marriage |
|---|---|---|
| Cultural and traditional identity | ✅ Strong cultural ties | ❌ Minimal traditional elements |
| Polygamy allowed | ✅ Yes | ❌ No |
| Legal protections | ⚠️ Limited, varies by tribe | ✅ Strong, nationwide |
| Certificate issued | ❌ No (unless registered) | ✅ Yes |
| International recognition | ❌ Rarely | ✅ Widely accepted |
| Divorce process | ✅ Easy, informal | ❌ Complex, through High Court |
| Inheritance protection | ❌ Often weak for spouse | ✅ Robust legal entitlement |
Best Practices and Legal Advice
-
If you’ve had a customary marriage, consider revalidating it under the Marriage Act.
-
For women, insist on a statutory marriage to avoid unexpected polygamy.
-
Keep all documentation: photos, receipts, witness names, videos, marriage lists.
-
Consult a lawyer to help secure your legal position, especially for property and children’s rights.
Real-Life Legal Cases
-
Idugboe v. Idugboe (2012) – The court held that only a statutory marriage certificate is recognized for full legal reliefs in matrimonial causes.
-
Agidigbi v. Agidigbi (1996) – A man who married under the Marriage Act could not validly marry another wife under customary law.
-
Lawal v. Younan (1961) – Reinforced the principle that statutory marriage is strictly monogamous and binding.
FAQs
Q: Can I do both traditional and statutory marriage?
A: Yes. Many people do traditional first, then formalize it at the registry.
Q: Is traditional marriage alone recognized in court?
A: Yes, but with limitations. It depends on proof and circumstances.
Q: Can my husband marry another wife under custom if we did a court wedding?
A: No. It’s bigamy and punishable under the Criminal Code.
Q: What if I lose my statutory marriage certificate?
A: You can apply for a certified true copy at the registry where it was issued.
Conclusion
Customary and statutory marriages in Nigeria are both legally valid but carry vastly different implications. As Nigeria evolves, the need for formal legal documentation, protection of women’s rights, and enforceability of spousal rights becomes more critical. Whether you are married or planning to get married, ensure you choose the marital system that aligns with your long-term legal and personal goals.
If you desire stronger protection, legal enforceability, and peace of mind, statutory marriage remains the superior choice—especially for couples living in cities or dealing with international systems.
Need Legal Help? Let Us Assist You Today
Do you want to convert your customary marriage to a statutory one? Do you need legal protection for your marriage or guidance for a court wedding?
📍 Chaman Law Firm
115, Obafemi Awolowo Way, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com