Marriage
—Written by Lkite Ajayi Mofiyinfoluwa Christianah
Marriage is a universal institution recognized and respected all over the world. It is governed by social and religious norms of society.
For a marriage to be recognized as a valid one in Nigeria, certain requirements will have to be done or satisfied. Technically, statutory marriages in Nigeria are governed by the Matrimonial Act and Matrimonial Causes Act.
The essential validity of a marriage is the capacity to marry under the Act. Parental consent is one of the many essentials for the validity of a statutory marriage.
AREA OF LAW: FAMILY LAW
Statutes
Section 18 of the Marriage Act
"If either party to an intended marriage, not being a widower or widow, is under twenty‐one years of age, the written consent of the father, or if he be dead or of unsound mind or absent from Nigeria, of the mother, or if both be dead or of unsound mind or absent from Nigeria, of the guardian of such party, must be produced annexed to such affidavit as aforesaid before a license can be granted or a certificate issued".
Section 19 of the Marriage Act provides further that:
"If there be no parent or guardian of such party residing in Nigeria and capable of consenting to the marriage, then any of the following persons may consent to such marriage, in writing, upon being satisfied after due inquiry that the marriage is a proper one‐
(a) a Governor;
(b) a judge of the High Court of the State or of the Federal Capital Territory, Abuja;
(c) any officer of or above the grade of assistant secretary".
Noteworthy, the absence of parental consent does not vitiate marriages under the marriage act. However, it is a punishable offence under Section 48 of the act.
"Whoever, knowing that the written consent required by this Act has not been obtained, shall marry or assist or procure any other person to marry a minor under the age of twenty‐one years, not being a widow or widower, shall be liable to imprisonment for two years".
Decided Cases
Agbo v Udo
(1947) 18 NLR 152
Fact:
The plaintiff contracted a Statutory marriage with is wife. After sometime, he decided to get a divorce from her on the ground of her adultery with a co-respondent. The co-respondent contended that the wife was a Minor when the marriage was fine and consent as required by law was not gotten. As such, there was no valid marriage between the couple which the court might dissolve.
Decision:
The court held that notwithstanding the failure to get parental consent, the marriage was still valid under section 33(3) of the Marriage Act.
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