AN APPRAISAL OF THE FORMATION AND DISSOLUTION OF CUSTOMARY LAW MARRIAGE IN NIGERIA

OPARAH, AMARACHI GENEVIVE (2026) AN APPRAISAL OF THE FORMATION AND DISSOLUTION OF CUSTOMARY LAW MARRIAGE IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY.

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Abstract

ABSTRACT Customary marriage remains one of the most culturally accepted forms of marriage in Nigeria. This project appraises the formation and dissolution of customary law marriage in Nigeria. Specifically, it objectives include to examine; the core legislative and institutional framework governing customary marriage; the requirements for its formation; the procedures for its dissolution under Nigerian customary law. This research adopts a doctrinal methodology. It finds that customary marriage is recognised under the law in Nigeria and operates alongside statutory and Islamic marriages. However, its formation is governed largely by unwritten native law and custom. It also finds that requirements for formation include capacity, consent of the parties, family approval, payment of bride price and ceremonial handing over of the bride. In addition, this research finds it is difficult to prove customary marriage where there is no registration or documentary evidence. On dissolution, the research reveals that customary marriage may be dissolved informally through family intervention and refund of bride price, or formally through customary and area courts. Yet again, uncertainty arises where dissolution is not properly documented. The study also identifies gender-related concerns, where bride price and patriarchal customs restrict women from exiting abusive or unhappy marriages. This project recommends that there should be a harmonised legislation for customary marriage; it should be mandatory to register customary marriages and divorces; there should be a clearer procedure for dissolution; the practices relating to bride price should be reformed; there should be public enlightenment. The research concludes that customary marriage should be preserved. However, it must be reformed.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	MABEL AMAECHI
Date Deposited:	24 Jul 2026 12:12
Last Modified:	24 Jul 2026 12:12
URI:	http://eprints.gouni.edu.ng/id/eprint/5949

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