Last week, we discussed the Traditional forms of marriages which for convenience sake, we categorized into Customary and Islamic Marriages. This week, our discussion is about Statutory Marriages. As I wrote last week, this type of marriage is NOT more legal than the other forms we discussed in part one. What makes this form of marriage distinct is that it is strictly monogamous i.e. one man, one wife, the form of celebration is quite strict and it can only be dissolved at the High Court.
This means the union lasts till either the husband or wife dies, or it is dissolved by the Courts, whichever comes first.
If someone decides to contract (a marriage is a form of Contract) another marriage to someone else after going to wed at the marriage registry, such a person plus the other person he/she married has entered “one chance” as popularly said in Nigeria. For example, A married B, then got carried away by C, and decided to marry C as well, under any form of statutory marriage, both A and C have committed an offence. If convicted, both A and C will go to prison for 5 years for an offence called “Bigamy”.
People, the womenfolk especially love this type of marriage because they believe it protects them from a lot of undesirable things that happens in a customary marriage. They believe it sorts of protect the woman’s interest.
A valid Statutory Marriage can be celebrated in the following forms as recognized by the Marriage Act:
(i) By the Registrar in the Marriage Registry S. 27 MA
(ii) By a minister of a religious denomination in a licensed place of worship S. 18 MA
(iii) By special license under the hand of Minister of Internal Affairs S. 13 MA
(iv) By celebration abroad in a Nigerian Diplomatic Mission S. 50 MA.
P.S. In a SM (Statutory Marriage), the Registrar or official minister that is conducting the ceremony is called a Celebrant (bet, you didn’t know that!!!).
I. BY A REGISTRAR
IN THE MARRIAGE REGISTRY.
For a marriage to be validly celebrated at the Marriage Registry, the intending couple must file a marriage notice before the Registry. The registrar or celebrant before he issues the certificate must be satisfied that the Lovebirds have sworn by affidavit (one piece of paper that contains facts that one believes to be true) that:
(a) One of the Lovebirds is resident within the district where the marriage is intended to be celebrated for at least fifteen days preceding the granting of the certificate. Therefore, A cannot live in Abuja and want to marry at the Marriage Registry in Ikoyi without satisfying the 15-day rule.;
(b) They i.e. intending couple have paid the prescribed fee
(c) The notice of marriage has been posted on the NOTICEBOARD at the Registry for Twenty-one (21) days. This notice has also been entered into a book called the Marriage Notice Book. This book can be inspected during office hours without paying any fee.
During the twenty-one days mentioned above, people are expected to report any reason why the lovebirds should not be wedded. Where no one complains or protests and the 21days has expired, the Registrar of Marriages will issue them the Registrars’ Certificate.
(d) They are both twenty-one years old. If either of them is under that age, they must obtain the consent of their parents in WRITING lol. The letter of consent must be stapled to the affidavit; the above does not apply if the couple here are widows or widowers.
(e) There is no impediment(restriction) of kindred or affinity (this will be explained below), or any other kind of lawful hindrance to the marriage;
(f) Both lovebirds intending to marry are not married by customary law to any person other than themselves (we covered this last week).
This affidavit carrying all the above must be sworn to either before a registrar, an administrative officer of the Registry or before a recognized minister of religion. It is after all this is done, that the Registrars’ certificate or license (not of marriage o) to marry is issued to the lovebirds.
A date for the wedding can then selected by the couple. The chosen date must be within Three (3) months from the date the notice was placed with the Registry. ….!
SM must be celebrated before the registrar in the presence of two witnesses in his office, with open doors, between the hours of ten o’clock in the morning and four o’clock in the afternoon, and the ceremony must be done in a prescribed manner (you can read up s27 of the M.A)
B. BY MINISTER IN A RELIGIOUS DENOMINATION IN A LICENSED PLACE OF WORSHIP
This is an interesting part of SM. A whole lot of people are not legally married in Nigeria because all they do is acquire Church Blessings. Let me explain, marrying in the Church where the Archbishop joined you and Le Boo, without following the rules and regulations of Section 21 Marriage Act is merely going to your Pastor to bless your Marriage. For a marriage to be validly celebrated in any place of worship, such a place of worship must be licensed and the celebrant must be a recognized minister of that Church, denomination or body; the marriage itself must be according to the rites of marriage observed in that church, denomination or body.
Let’s go over that again, A wants to marry B in Bibire Apostolic Church, Bibire Apostolic must be licensed, Pastor Seye Kehinde the Celebrant must be a Pastor in Bibire Apostolic, and the marriage rites must be the same way all Apostolic weddings are conducted. So, it will be illegal for a Catholic priest to go and wed a couple in an Anglican church.
Also, if he is aware of anything that will hinder the lawful marriage of the lovebirds he MUST NOT celebrate such marriage.
After the celebration of the marriage, Pastor Seye is required to fill out in duplicate a marriage certificate which contains the names of the parties, the date of the marriage and the names of witnesses. The original copy of the certificate is given to the parties while the duplicate is sent to the Registrar who enters it into a” Marriage Register Book”.
A marriage will be invalid if it is celebrated in a church that is not licensed, or in private home unless if authorized with a special license. A Clergy/Man of God may go to Prison for five years if he weds a couple who have not obtained a Registrar’s Certificate empowering them to celebrate their marriage (see section 42 Marriage Act).
MARRIAGE BY SPECIAL LICENCE
This is a marriage celebrated by the Minister of Interior if satisfied that there is no lawful restriction to the proposed marriage and that the necessary consent has been obtained may grant a license for the marriage to be celebrated, this license will be dispensed with the giving of notice to the registrar and the issuing by the Registrar of a certificate of notice.
A special license is granted, for instance, where the parties cannot wait for the prescribed period of twenty-one days after lodging a notice with a registrar. Further, such special license is often granted where a public figure desires to contract a marriage quietly and without publicity.
BY CELEBRATION ABROAD IN A NIGERIAN DIPLOMATIC MISSION
Section 49, 50, 51 M.A. Yes, we want you to marry even if you are “in the abroad”. The Marriage Act allows lovebirds to celebrate their marriage abroad in a diplomatic mission, but for it to be valid, it must be done in accordance with the provisions of the law. According to Section 50 of the Act, a Nigerian diplomatic or consular officer of the rank of Secretary or above shall be regarded as a marriage officer in the country to which he is accredited. The office used by a marriage officer for the performance of his diplomatic or consular duties shall be regarded as the marriage officer’s office for the purposes of this Act. So, what are the unlawful hindrances to a Statutory Marriage? The law forbids people who are kindred i.e. Family members or affiliated by marriage to marry each other. This Is called the prohibition degrees of consanguinity and Affinity. To end this series, please informed that only Federal Registries can by Law celebrate marriages between a non-Nigerian (foreigner) who wants to marry a Nigerian, provided he/she has satisfied all the stipulated requirements Also, no marriage under the Federal, State, or Local government level can be done by proxy. Both parties must be present at the marriage proceedings. This concludes our gist on Marriages under the Nigerian legal system. Do you have questions or comments, you can reach me on 080-3477-0177 or email ty.salihu@gmail.com
Do have a stress free week,
Legally yours,
Bibire Ose Fowora
Telling Legal Stories
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