A DISCOURSE ON IYA CUSTOMARY MARRIAGE IN OKRIKA: FOCUS ON OKURU-KAKA CEREMONY AND A REVISIT OF DIVORCE LAWS IN AFRICA

Abstract

Divorce was rare, if not absent, in many customary marriages in Africa, and African society had much more stable families in the pre-colonial era. Marriage institution is the bedrock upon which any orderly society is built. A solid marriage institution is necessary for a stable family and society. This paper is a discourse of Iya or Ya customary marriage in Okrika which is basically devoid of divorce despite the infiltration of divorce laws into the fabrics of statutory and civil marriages, as well as most African customary marriages. The paper is a call not to liberalise divorce, but to strengthen the core traditional values of the African society. The State has the role to safeguard the family structure as provided in the African Charter for Human and Peoples’ Rights. It was discovered that the courts of law and lawyers are at the forefront in implementing this, and all hands must be on deck to actualise these core values.