The Act does not provide expressly or by implicati for the validity or recogniti of mogamous s celebrated abroad courts in this wise fall back ctract rules By these rules the courts will recognise a mogamous celebrated abroad if it complies with the of the place of its celebrati as to form and if each of the parties possesses the capacity to marry under the of his or her antenuptical domicile A celebrated abroad will be treated as mogamous here if it is recognized by the of the place where it is ctracted as a voluntary uni of e man and e woman to the exclusi of all others during the ctinuance of the LEGAL EFFECTS OF UNDER Csortium 50 For the purposes of this Act every diplomatic or csular officer of the rank of Secretary or above shall be regarded as a officer in the country to which he is accredited 51. The office used by a officer for the performance of his diplomatic or csular duties shall be regarded as the officer's office for the purposes of this Act Repeals 28 certificate to be signed 29 under licence 20. If there be no parent or guardian of such party residing in Nigeria and capable of csenting to the then any of the following perss may csent to such in writing up being satisfied after due inquiry that the is a proper e- (a) a Governor; Invalid S 28. The registrar shall then fill up and he and the parties and witnesses shall sign the certificate of the in duplicate and the registrar shall then fill up and sign the counterfoil as hereinbefore prescribed in the case of a by a minister and shall deliver e certificate to the parties and shall file the other in his office 33. (1) No in Nigeria shall be valid where either of the parties thereto at the time of the celebrati of such is married under to any pers other than the pers with whom such is had Sign in to follow this authorHR/legal Officer at Wealdom Homes and Properties UNDER THE ACT Umpteen times especially in the African ccept valid is presumed when a woman packs her belgings into the house of a man with the intenti of living with him and both start procreating This is not seen as but mere cohabitati in the eyes of the however the durati of the cohabitati of the parties and no matter the number of children they have both produced under the act is simply defined as the uni of e man and e woman to the exclusi of all others The Act recognizes two types of s and these are: Statutory ; i.e under the Act CUSOMARY CAPACITY: Under the Act either of the parties must have passed the minority age (18 and below) Specifically secti 18 of the Act provides 21 years and above If there is need for uniism between parties below the prescribed minimum age parents csent will be sought inter alia PARENTAL CSENT: This is ly in certain cases where if either party to an intended not being a widower or widow or below 21 years See Secti 18 of the Act CSENT OF THE PARTIES: Both parties must csent and csent must be voluntary as stated in S.3(1)(d) of the Matrimial causes Act Where csent is obtained by mistake misrepresentati duress and undue influence the element of csent stands negated and renders the void for lack.
Celebrati Of 6. (1) The Minister may license any place of public worship to be a place for the celebrati of s and may at any time cancel such licence; in either case he shall give notice thereof in the Federal Gazette (2) Every place of public worship licensed as a place for the celebrati of s under any enactment repealed by this Act shall be deemed to be licensed under this Act unless and until the Minister shall cancel the licence in respect thereof (A) that e of the parties has been resident within the district in which the is intended to be celebrated at least fifteen days preceding the granting of the certificate: (b) that each of the parties to the intended (not being a widower or widow) is twenty-e years old or that if he or she is under that age the csent hereinafter made requisite has been obtained in writing and is annexed to such affidavit; Registrars to supply forms of notice 10 Notice to be entered in notice book and published 11 (1) Registrar to issue certificate proof of cditis by affidavit. 44. Whoever persates any other pers in or marries under a false name or descripti with intent to deceive the other party to the shall be liable to imprisment for five years Each Of the parties shall then say to the other "I call up all perss here present to witness that I A.B do take thee C.D to be my ful wife (or husband) .however a husband cannot sue his wife in tort for the protecti of his property Special statutory provisis exist for the settlement of disputes between husband and wife as to the ownership or possessi of property For this see Secti 17 Married Women’s Property and also Asomugha v Asomugha CCHC/12/72 at 91 Citizenship Under the 1999 Cstituti of the Federal Republic of Nigeria a foreigner married to a citizen may acquire natiality by registrati or naturalisati A female Nigeria does not lose her citizenship merely by to a foreigner but if she by that act acquires a foreign citizenship she automatically loses her citizenship Whether a female citizen married to foreigner as a result of the acquires her husband’s natiality or not will depend the citizenship s of his country Celebrated Abroad Celebrati Of 21. may be celebrated in any licensed place of worship by any recognised minister of the Church denominati or body to which such place of worship belgs and according to the rites or usages of observed in such church denominati or body: 19. (1) If the pers required to sign such csent is unable to write or is insufficiently acquainted with the English language or both then he shall sign such csent by placing his mark or cross thereto in the presence of e of the following perss- (a) any judge of the High Court of the State; (2) A shall be null and void if both parties knowingly and willfully acquiesce in its celebrati (a) in any place other than the office of a registrar of s or a licensed place of worship (except where authorised by the licence issued under secti 13 of this Act) or 31 Any registrar when authorised by the Principal Registrar may correct any clerical error in any certificate of filed in his office up producti to him of the certificate delivered to the parties and shall authenticate every such correcti by his signature and the date of such correcti 25. Immediately after the celebrati of any by a minister the officiating minister shall fill up in duplicate a certificate with the particulars required by the said Form E and state also and enter in the counterfoil the number of the certificate the date of the names of the parties and the names of the witnesses Saduquat (Sadaki) or dower is the bride price received by the parents of the bride to be It is the entitlement of the woman and not that of her parents though it is paid through the parents d Solemnizati The needs to be solemnized by a Mallam in the presence of at least two upright Moslem witnesses The very foundati of every just and morally upright society is dependent up the nature and success of the instituti of as reflected in that society Though the ccept and understanding of may differ in different societies as is seen in Nigeria where the recognises three distinctly different types of s it is important to note that these differences do not necessarily negate the importance and essence of which is the uni between a man and a woman Mandyen Brenda Anzaki 5. Every registrar shall have an office at such place as the Minister shall direct The office of the Principal Registrar shall be at such place as the Minister shall direct 42. Whoever performs or witnesses as a officer the ceremy of knowing that he is not duly qualified so to do or that any of the matters required by for ceremy the validity of such has not happened or been performed so that the is void or unful any ground shall be liable to imprisment for five years 38. This Act shall not preclude a minister from receiving the fees ordinarily paid to a minister of his denominati for the celebrati of Offences and Penalties (A) References to the registrar's district shall be cstrued as references to the country to which the officer is accredited; (b) the affidavit mentied in secti 11(2) of this Act shall be sworn before the officer; 5 Offices of registrars 6 Places of worship to be licensed for celebrati of s Cstituti of Nigeria Court of Appeal High Courts. 1. This Act may be cited as the Act 2. In this Act unless the ctext otherwise requires- 24. The Principal Registrar shall cause to be printed and delivered to the several registrars and to the recognised ministers of licensed places of worship books of certificates in duplicate and with counterfoils as in the Form E in the First Schedule Such books shall be kept by the several registrars and the recognised ministers for the time being of such places of worship under lock and key and be in custody of such registrars and ministers respectively who shall so so as all the certificates in any such books shall have been used send the said book with the counterfoils duly filled in to the Principal Registrar Legal EFFECTS OF UNDER THE ACT Ctractual Relatis between Spouses At Comm a wife has no ctractual capacity in relati to third parties This was due mainly to the principle of the unity of husband and wife and to the fact that a wife could not own her own separate property apart from the husband Some of the effects of this were that ante-nuptial ctracts between a husband and wife became void their They could not enter into ctracts with each other after and the woman could not be sued in ctract without her husband being joined This positi was radically altered by the (Women’s Property) Act of 1882 which applies to all the Northern and Eastern States of Nigeria By the Act (Sectis 1 and 12) a woman was given the same ctractual capacity as a man and she could enter into valid ctract with anye Cohabitati Registry And Evidence of s 30 (1) Every registrar shall forthwith register in a book to be kept in his office for such purpose and to be called the Register Book every certificate of which shall be filed in his office according to the Form F in the First Schedule; and every such entry shall be made in the order of date from the beginning to the end of the book and every entry so made shall be dated the day which it is so entered and shall be signed by the registrar and such book shall be indexed in such manner as is best suited for easy reference thereto 49. Subject to sectis 50 to 53 a between parties e of whom is a citizen of Nigeria if it is ctracted in a country outside Nigeria before a officer in his office shall be as valid in as if it had been ctracted in Nigeria before a registrar in the registrar's office "registrar" Means a registrar of s and includes a deputy registrar when acting as a registrar 3. The President shall by order published in the Federal Gazette divide Nigeria into districts for the purposes of this Act and may from time to time by like order alter the 1957 districts Csiderati otherwise called bride price is e of the essential requirements of a valid The bride price includes any gift or payment in the form of mey natural produce or any kind of property given by an intending husband and his family to the parents or guardian of a female pers account. Under creates a relatiship not ly between a man and woman but also between the two families involved The wife is regarded by the members of her husband’s family as having been married not solely to her husband but into the family and therefore a member of their family The husband the other hand is not so regarded by his wife’s maiden family even though there exists a ctinuing relatiship with that family. 43 Whoever being under a duty to fill up the certificate of a celebrated by him or the counterfoil thereof or to transmit the same to the registrar of s wilfully fails to perform such duty shall be liable to imprisment for two years Fees Secd Schedule 37 Fees may be remitted ground of poverty 38 Minister may receive fees 55 The Ordinance,* the Proclamati and the Foreign Ordinance 1913,t are hereby repealed: Provided however that the said enactments shall ctinue to apply to every ctracted thereunder or validated thereby as if this Act had not. 36. The fees specified in the Secd Schedule shall be paid for the several matters to which they are applicable 37. The Minister may when he is satisfied of the poverty of the parties reduce the amount of the said fees or remit them altogether and if they have been paid into the Csolidated Revenue Fund or other appropriate Fund as the case may be order their refund. Generally refers to the formal uni of a man and a woman typically recognized by by which they become husband and wife The Free Dictiary defines as the legal uni of a man and woman as husband and wife and in some jurisdictis between two perss of the same sex usually entailing legal obligatis of each pers to the other The legal ccept of has been expanded to include between a man and a man and between a woman and a woman in some jurisdictis but for the purpose of this article no discussis will be made it as same sex is illegal in Nigeria Basically there are three different types of that a man and a woman can ctract in Nigeria They are: Statutory Islamic Statutory When the families ccerned are cvinced that there are no facts that could hinder the the betrothal which is the formal engagement of the parties will now take place The engagement usually csists of a formal process of agreement to marry between the prospective spouses the giving of csents by their parents or guardians and the giving of gifts (in mey and/or kind) by the man to the woman and her family After the betrothal then actual. (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 Offences And Penalties The wife of the plaintiff Obaseki J held appeal that the defendant was liable under to pay damages to the plaintiff for the FollowingUnfollowcredence AdegboyeSign in to follow this author (2) Such affidavit may be sworn before a registrar or before an administrative officer or before a recognised minister of religi 13. The Minister up proof being made to him by affidavit that there is no ful impediment to the proposed and that the necessary csent if any to such has been obtained may if he shall think fit dispense with the giving of notice and with the issue of the certificate of the registrar and may grant his licence which shall be according to Form D in the First Schedule authorismg the celebrati of a between the parties named in such licence by a registrar or by a recognised minister of some religious denominati. (3) The pers taking such affidavit shall explain to the pers making the same what are the prohibited degrees of kindred and affinity and the penalties which may be incurred under sectis 42 and 43 of this Act and if he wilfully fails to make such explanati he shall be liable to imprisment for two years Sign in Join now Main ctent starts below. (E) registrar of s; (f) medical officer in the service of the Government; or 26 The certificate shall then be signed in duplicate by the officiating minister by the parties and by two or more witnesses to the The minister having also signed his name to the counterfoil he shall sever the duplicate certificate therefrom and he shall deliver e certificate to the parties and shall within seven days thereafter transmit the other to the registrar of s for the district in which the takes place who shall file the same in his office (C) secti 13 of this Act shall not apply; (d) sectis 15 to 17 of this Act shall not apply and if a caveat is entered under secti 14 of this Act in respect of an intended of which notice has been given the notice and all proceedings csequent there shall be void and any fee paid shall be refunded to the payer (without prejudice to the right to give a fresh notice or enter a fresh caveat); Under in Nigeria a husband has a right of acti for the recovery of his wife from any pers who harbours her without just cause The right of acti may be exercised against her parents’ relatis or any other pers who harbours her In Erurhobare v Orebise (1971)1 UILR 33 the plaintiff’s wife Omatre was harboured without just cause and against the husband’s wish by her parents the defendants The plaintiff brought an acti against the defendants at the Court in Sapele judicial divisi for the return of his wife The court found in favour of the plaintiff and ordered the defendants to return the plaintiff’s wife within two weeks of the date of the order of court appeal Eboh J upheld the findings of the lower court as being in csance with the local and applicable MUST BE FUL: The frowns at bigamy it must be cducted in a licensed place of worship or in a court registry PROHIBITED DEGREE OF CSANGUINITY AND AFFINITY: The forbids the of perss related by blood or by Matrimial causes Act and Act also forbids to perss of same sex Csanguinity is by two parties who are blood related For example uncle and niece brother and sister Aunty and nephew While Affinity is between two parties who are related by For example step father and daughter sister in and brother in However by affinity may be permitted if the csent of court is given up request stating that some things have transpired that makes it impossible for both parties involved to stay apart e.g the lady has been put in the family way. 23. A minister shall not celebrate any except in a building which has been duly licensed by the Minister or in such place as the licence issued under secti 13 of this Act may direct (2) The registrar shall at all reasable times allow searches to be made in the register book and shall give certified copies therefrom up payment of the prescribed fee (3) Within ten days after the last day of each mth every registrar shall send to the Principal Registrar a certified copy of all entries made by him during the preceding mth in the register book of his district and the Principal Registrar shall file the same in his office. Parties will lack the capacity to embark a statutory if either of them is already married under the Act to another pers and the has not been dissolved by any court of Also secti 33 (1) of the Act provides that no in Nigeria shall be valid where either of the parties thereto at the time of the celebrati of such is married by native or custom to any other pers other than the pers with whom such is had It is therefore clear that unless the Registrar is satisfied that there is no subsisting statutory or the part of any of the parties wishing to marry under the Act he shall not issue them with a certificate to marry under. When caveat entered questi to be referred to court 16 Removal of caveat 17 Compensati.
Designed By nhubnigeria 55 Repeals Arrangement Of Sectis 1.
(B) Administrative officer; (c) justice of the peace; (d) magistrate; The intending couple have to give their csent to a The Supreme Court in the case of Osamwyi v Osamwyi 1973 NMLR 26 held that under Bini Native and Customs the csent of the parties was necessary for a valid under Parental csent is also necessary before a valid can take place In Okpanum v Okpanum 1972 2 ECSLR 561 the High Court of East Central State of Nigeria held that in order to cstitute a valid there must be parental csent and mutual agreement between the parties Furthermore under secti 361 of the Criminal Code Act it is an offence punishable with seven years imprisment for any pers who with the intent to marry a female pers of any age or to cause her to be married by any other pers takes her away or detains her against. (4) The pers taking such affidavit shall sign a declarati written there that he has given the explanati required by this secti to the pers making such affidavit and that such pers has appeared fully to understand the same 12 If the shall not take place within three mths after the date of the notice the notice and all proceedings csequent thereup shall be void; and fresh notice shall be given before the parties can. Csummati of the under Native and Custom is essential Csummati simply means having sex with a view to making a complete In traditial societies the very night of the is eagerly awaited by the groom’s family as he is expected to announce his exploits to his family and state if his wife was found intact or not Islamic Islamic like is a polygamous e which allows the man to take up to four wives if he desires It possesses most of the features of already discussed The principal requirements of a valid Islamic are: Unlike English has not developed a full range ofremedies for interference with the right of csortium For example there is no general right of acti for damages for wrgfully inducing a spouse to leave the other If however the inducement involves or is accompanied by adultery damages may be obtained in for adultery It is important to note that enticement is a comm ccept The tort of enticement is unknown to and courts have no power to administer comm which includes torts Harbouring a Runaway Wife (C) That there is not any impediment of kindred or affinity or any other ful hindrance to the ; (d) that neither of the parties to the intended is married by to any pers other than the pers with whom such is proposed to be ctracted. The parties to Islamic must freely csent to the uni However under the Maliki School of Islamic a father has the right to cclude a behalf of his infant ss and virgin girls The ceremy is called the Ijbar The exercise of this right may be ameliorated by the fact that the child has the opti to repudiate the ctract the attainment of the age of puberty However a father loses his right of Ijbar where he allows his daughter to choose a husband from amg her suitors b Parental csent As in other systems of parental csent is necessary for the valid celebrati of under Islamic (G) minister of religi (2) Such signature shall be attested by such pers as in the Form B in the First Schedule Under is largely polygamous A polygamous is the uni of e man with several wives There is no limit to the number of wives a man can marry under It must be noted however that many couples initially get married under and thereafter marry under the Act This is valid provided the is between the same perss The legal implicati of the is that it would have to remain a mogamous Secti 47 of the Act provides that where a man is married under with e woman and subsequently marries another different woman under the Act the secd. First Schedule Forms Secd Schedule Act The spouses of a are entitled to each other’s csortium requires the cohabitati of the spouses Each of the spouses is entitled to the company of each other Under each spouse owes the other a duty to submit to the other’s reasable sexual demands Mutual Protecti recognises the right of mutual protecti by the spouses to a Each spouse is entitled to the assistance of the other in the case of danger to life or limb Remedies for Interference with Csortium Forms . Chapter 218 s of the Federati of Nigeria 1990 An Act to make provisis for the celebrati of s 31st December 1914 Thanks your marvelous posting! I genuinely enjoyed readin This type of is in accordance with the Act which is a federal legislati which makes provisis for the celebrati of s in Nigeria It is clear that the Act is designed ly for the celebrati of between a man and a woman and the has to be a mogamous e A mogamous has been defined in secti 18 of the Interpretati Act as follows: A which is recognized by the of the place where it is ctracted is a voluntary uni of e man and e woman to the exclusi of all others during the ctinuance of the Parties will be deemed to have the capacity to marry if they satisfy the Registrar of the following requirements: (2) In the case of an illiterate pers such caveat shall be entered his behalf in the notice book by the registrar the verbal notice of such pers 18 If either party to an intended not being a Csent widower or widow is under twenty-e years of age the written csent 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 licence can be granted or a certificate issued 22. A minister shall not celebrate any if he knows of any just impediment to such nor until the parties deliver to him the registrar's certificate or the licence issued under secti 13 of this Act 35. Any pers who is married under this Act or whose is declared by this Act to be valid shall be incapable during the ctinuance of such of ctracting a valid under but save as aforesaid nothing in this Act ctained shall affect the validity of any ctracted under or in accordance with any or in any manner apply to s so ctracted Fees E of the primary incidents of csortium is the duty of the spouses to cohabit This duty is subject to the circumstances of the parties Cohabitati does not necessarily imply that the husband and wife are living together physically under the same roof They may be living apart by mutual csent because of the nature of their employment educati or business Withdrawal from cohabitati without csent may cstitute the matrimial offence of deserti which may arise either from physical withdrawal from the matrimial home or a general withdrawal from cohabitati even while living under the same roof Mutual Defence The cfers every individual the right to use reasable force as it is necessary to defend himself against an assault It is ful for a pers to use force in self defence against an assault and any other pers acting in good faith may fully use force in aiding. Most of the s in Nigeria do not prescribe any age for the solemnizati of - This lacuna in the rule of has to a large extent encouraged a high incidence of child with all its attendant evils In some areas child betrothal is rampant but does not in fact take place until the parties have attained the age of puberty There is no doubt that there were a lot of child s under because there was no against child (most of which occur in the northern part of the country) but since the passing of the Child’s Rights Act 2003 no of perss below the age of eighteen is allowed under – secti 21 of. Provided That the be celebrated with open doors between the hours of eight o'clock in the foreno and six o'clock in the afterno and in the presence of two or more witnesses besides the officiating minister (B) under a false name or names; or (c) without a registrar's certificate of notice or licence issued under secti 13 of this Act duly issued or Linkedin Corporati © 2018 (D) by a pers not being a recognised minister of some religious denominati or body or a registrar of s (3) But no shall after celebrati be deemed invalid by reas that any provisi of this Act other than the foregoing has not been complied with 52 Act to apply subject to modificatis 53 Modificatis referred to. Perss intending to get married must ensure that there is no impediment of kindred or affinity between them The list of prohibited degrees of csanguinity and affinity applies to statutory s and it is provided in Schedule 1of the MCA A Registrar will not issue a certificate to marry unless he is satisfied by reas of a sworn affidavit by the parties that there is no such impediment A between two perss who are within the prohibited degree of csanguinity or affinity is void Under secti 4 of the MCA where perss are within the prohibited degrees of affinity and desire to marry they may apply in writing to a Judge for permissi to do so and if the Judge is satisfied that there are exceptial circumstances the Judge may by an order permit the parties to marry e another. 40 Whoever in any affidavit declarati certificate licence document or statement by to be made or issued for the purposes of a declares enters certifies or states any material matter which is false shall if he does so without having taken reasable means to ascertain the truth or falsity of such matter be liable to imprisment for e year or shall if he does so knowing that such matter is false be liable to imprisment for five years "district" Means a district cstituted under this Act; "Principal Registrar" means the Principal Registrar of s; After intentis to marry has been communicated between the two parties ccerned and also between their respective families discreet inquiries may be carried out by each of the families in order to discover facts about the parties These facts may sometimes be based the family’s social and health background as well as the character of the party For example investigatis may be carried out to find out if the family ccerned has any ctagious or hereditary disease such as mental illness; whether the pers ccerned has bad habits such as stealing or lying; or whether the family ccerned belgs to the system of outcasts known as Osu (amgst the Ibo’s) Some of the facts found may cstitute bars to the proposed Generally the following are pre-requisites for. Admiring the time and energy you put into your website. 17. The judge may award compensati and costs to the party injured if it appears that a caveat was entered insufficient grounds Csent to in certain cases necessary 41. Whoever endeavours to prevent a by pretence that his csent thereto is required by or that any pers whose csent is so required does not csent or that there is any legal impediment to the performing of such shall if he does so knowing that such pretence is false or without having reas to believe that it is true be liable to imprisment for two years 47 Whoever having ctracted under this Act or any modificati or re-enactment thereof or under any enactment repealed by this Act during the ctinuance of such ctracts a in accordance with shall be liable to imprisment for five years 11. (1) The registrar at any time after the expirati of twenty-e days and before the expirati of three mths from the date of the notice up payment of the prescribed fee shall thereup issue his certificate as in Form C in the First Schedule: Provided always that he shall not issue such certificate until he has been satisfied by affidavit- (E) The officer if he is satisfied that the csent of any pers required by secti 1~ of this Act cannot be obtained because of that pers's absence inaccessibility or disability may (without prejudice to that pers's right to enter a caveat under secti 14 of this Act) dispense with the necessity of obtaining the csent of that pers or a csent under secti 20 of this Act so however that the officer shall not have power to dispense with the csent required by secti 18 of this Act if he is satisfied that the is being sought to be celebrated outside Nigeria solely because that csent could not be obtained in Nigeria. Preliminaries To Under the Act may be celebrated in any licensed place of worship by any recognized Minister of the church however before the Minister of the church celebrates the the couple shall have delivered to him the certificate of the Registrar of s or the Registrar’s license authorizing such Alternatively the couple may decide to celebrate their in the Registry before a duly licensed Registrar appointed pursuant to the provisis of the Act There are various ethnic communities in Nigeria and the various ethnic groups have their different customs There are however some generally accepted customs comm to most of them which will be discussed here. 29. Whenever the licence issued under secti 13 of this Act authorises the celebrati of at a place other than a licensed place of worship or the office of a registrar of s the registrar of the district in which such is intended to take place up the producti of such licence shall deliver to the pers producing the same a blank certificate of in duplicate and the minister or registrar celebrating such shall fill up such certificate and observe strictly all the formalities hereinbefore prescribed as to s in a licensed place of worship or registrar's office as the case may be Assaulted A spouse may use such force as is necessary in aiding or defending the other spouse who is assaulted A spouse may use force if necessary in order to resist actual or unful violence threatened to the other spouse in his presence Defence of Property While still living together neither party can incur any criminal respsibility for interfering with the property of the other A party can freely dispose of his or her individually owned property Neither party can be criminally held respsible for any offence committed against the property of the other unless the guilty party was in deserti or about to desert the other-- Secti 36 Criminal Code. 48. Whoever knowing that the written csent required by this Act has not been obtained shall marry or assist or procure any other pers to marry a minor under the age of twenty-e years not being a widow or widower shall be liable to imprisment for two years Foreign s 14. (1) Any pers whose csent to a is hereby required or who may know of any just cause why the should not take place may enter a caveat against the issue of the registrar's certificate by writing at any time before the issue thereof the word "Forbidden" opposite to the entry of the notice in the notice book and appending thereto his name and place of abode and the grounds up which he claims to forbid the issue of the certificate and the registrar shall not issue his certificate until such caveat shall be removed as hereinafter is provided. Solemnizati or celebrati is an essential ingredient of a valid It generally involves breaking kola pouring libati sharing drinks and other activities The bride is invariably handed over to the bridegroom and his family In the case of Omoga v Badejo 1985 NCNLR 1075 the Court held that there must be a formal handing over of the bride to the groom in the presence of the two families and witnesses and the acceptance and taking away of the bride to her husband’s house for under Yoruba Native and Custom to. 32 Every certificate of which shall have been filed in the office of the registrar of any district or a copy thereof purporting to be signed and certified as a true copy by the registrar of such district for the time being and every entry in a register book or copy thereof certified as aforesaid shall be admissible as evidence of the to which it relates in any court of justice or before any pers having by of csent of parties authority to hear receive and examine evidence Invalid s 34 All s celebrated under this Act shall be good and valid in to all intents and purposes 39 Whoever being unmarried goes through the ceremy of under this Act with a pers whom he or she knows to be married to another pers shall be liable to imprisment for five years 19 Signature or csent by pers unable to write or to understand English language 20 Csent where no parent or guardian capable of csenting Forms 54. The forms ctained in the First Schedule may be used in the cases to which they are applicable with such alteratis as may be necessary Repeals 47 Ctracting by native when already married by this Act 48 Marrying minor without prescribed csent Do I understand that you A.B and you C.D come here for the purpose of becoming man and wife? If the parties answer in the affirmative he shall proceed thus- Know Ye that by the public taking of each other as man and wife in my presence and in the presence of the perss now here and by the subsequent attestati thereof by signing your names to that effect you become legally married to each other although no other rite of a civil or religious nature shall take place and that this cannot be dissolved during your lifetime except by a valid judgment of divorce; and if either of you before the death of the other shall ctract another while this remain undissolved you will be thereby guilty of bigamy and liable to punishment for that offence 8. If the pers giving such notice is unable to write or is insufficiently acquainted with the English language or both then it shall be sufficient if he place his mark or cross thereto in the presence of some literate pers who shall attest the same as in Form B in the First Schedule 9. Every registrar shall supply forms of Notice gratuitous to any perss applying for. 15. Whenever a caveat is entered against the issue of a certificate the registrar shall refer the matter to a judge of the High Court of the State and such judge shall thereup summ the parties to the intended and the pers by whom the caveat is entered to appear before him in the High Court of the State and shall require the pers by whom the caveat is entered to show cause why the registrar should not issue his certificate and shall hear and determine the case in a summary way subject to a right of appeal to the Court of Appeal This can be said to be way and manner of cducting ceremy which is in accordance with the of the said community or society This kind of ceremy is valid and subsists Any subsequent of either of the parties with another party other than the same party involved in the first valid wether under the Act or custom is to the level of its incsistency void STATUTORY This is e cducted in accordance with the set down s of the Act Also any subsequent of either of the parties to a party other than the party with which the was first ctracted is to the level of it incsistency void Such party can be liable of bigamy The essential requirements of a statutory are as follows; 46 Whoever ctracts a under the provisis of this Act or any modificati or re-enactment thereof being at the time married in accordance with to any pers other than the pers with whom such is ctracted shall be liable to imprisment for five years 31 Correcti of clerical errors in certificates 32 Evidence of (H) any fee chargeable shall be cverted to the local currency at the official rate of exchange; (i) power to reduce remit or refund fees under secti 38 of this Act shall be vested in the officer." The Marriage Act does not specify any minimum age limit It merely states that unless a party is a widow or widower there is need to obtain the written consent of either the parents or guardians where such person is under the age of twenty one years The Act further provides in section 49 that whoever shall marry or assist any 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 ii Consent Under statutory marriage parental consents of both the male and female parties is a legal requirement but only in cases where either or both of the parties are under the age of twenty one years The Marriage Act is silent in relation to the consent of parties themselves but the Matrimonial Causes Act (MCA) 1970 provides for the ‘real consent’ of the parties that is consent obtained without ‘duress. 27 After the issue of a certificate under secti 11 or of a licence under secti6n 13 of this Act the parties may if they think fit ctract a before a registrar in the presence of two witnesses in his office with open doors between the hours of ten o'clock in the foreno and four o'clock in the afterno and in the following manner- The registrar after producti to him of the certificate or licence shall either directly or through an interpreter address the parties thus- 45. Whoever goes through the ceremy of or any ceremy which he or she represents to be a ceremy of knowing that the is void any ground and that the other pers believes it to be valid shall be liable to imprisment for five years Hello! Would you mind if I share your blog with my myspace g 10. Up receipt of such notice the registrar shall cause the same to be entered in a book to be called the Notice Book which may be inspected during office hours without fee He shall also publish such notice by causing a copy of the same to be affixed the outer door of his office and to be kept exposed there until he grants his certificate as hereinafter mentied or until three mths shall have elapsed Reporting 52. Subject to the modificatis specified in secti 53 this Act shall apply in relati to a ctracted before a officer as nearly as may be as it applies in relati to a ctracted before a registrar 53. The modificatis referred to in secti 52 of this Act are as follows- (F) In secti 30(3) of this Act the words "three mths" and "each calendar year" shall be substituted for the words "ten days" and "each mth" respectively; (g) in secti 33(1) of this Act the words "in Nigeria" shall be disregarded; Csent To in certain cases necessary 16. If the judge decides that the certificate ought to be issued he shall remove the caveat by cancelling the word 'Forbidden" in the notice book in ink and by writing in such notice book immediately below such entry and cancellati the words 'Cancelled by order of the High Court' and signing his name thereto The registrar shall then issue his certificate and the may proceed as if the caveat had not been entered but the time that has elapsed between the entering and the removal of the caveat shall not be computed in the period of three mths specified in sectis ii and 12 of this Act Act Chapter 218 s of the Federati of Nigeria 1990 4. (1) There may from time to time be appointed a fit and proper pers to be the Principal Registrar of s (2) There may likewise be appointed a fit and proper pers to be the registrar of s for each district and may also appoint a deputy registrar of s for any district to act in the absence or during the illness or incapacity of the registrar. Foreign S Preliminaries To 7. Whenever any perss desire to marry e of the parties to the intended shall sign and give to the registrar of the district in which the is intended to Form A take place a notice as in Form A in the First Schedule Registry And Evidence of s