POLYGAMOUS MARRIAGE IN NIGERIA AND GHANA: A LEGAL PERSPECTIVE

Abstract

The family is the basic unit in most social organizations. It may vary in form or nature across cultures but it performs basically the same fundamental functions. The institution of marriage which the family is built upon has its origin from God. Family is by far the most important primary group and the smallest social unit in society. This paper explores polygamous marriage in Nigeria and Ghana by examining the similarity or differences in both Jurisdictions. It was the findings of this paper amongst others that Polygamy has declined in the last decade but remains common in West Africa. Polygamy is also recognized and regulated by the civil law that allows a man to marry up to four women under certain conditions, including the financial capacity to support multiple wives and families. Legal restrictions on polygamy are rarely enforced. The legal concept of marriage has been expanded to include marriage between a man and a man and between a woman and a woman in some jurisdictions. Much importance is attached to the family and marriage in Nigeria society, such that laws are provided to guide them. Polygamous marriage in Nigeria and Ghana are the same. Customary law marriage operates as polygamous or monogamous marriage in both jurisdictions. The Marriage Act in Nigeria did not make provision for polygamous marriage; the Marriage Act in Ghana gives room for polygamous marriage to operate in that country. As long as our societies are marked by both poverty and patriarchy, it will continue. Whatever polygamy was about and is about, it remains the inalienable rights of adults to determine how to live. It is also less prevalent in societies where more adult women are literate. Polygamy is still prominent in these Nations, despite the problems associated with it.