A COMPARATIVE EXPOSITION OF CUSTOMARY LAW MARRIAGE IN NIGERIA AND SOUTH AFRICA

Abstract

There are two basic types of marriage in Nigeria, the Monogamous and the Polygamous types of marriage respectively noted for one man, one woman to the exclusion of others, and one man, one woman potentially admitting the intrusion of others. There are however three forms of marriage, two (Customary and Islamic) potentially Polygamous and the other, the Act Marriage which is Monogamous. In Nigeria, people sometimes go through at least two processes of Marriage. Whether the marriage is pure Act Marriage or Church Marriage, it almost in all cases, starts with the Customary Marriage, as marriage in Nigeria in whatever form, is seen as the coming together of not only the couple but also their families. The plurality of Laws governing and controlling the various forms of marriage in Nigeria has on one hand created a confusing intrusion of one form into another and also different levels of protection for the parties involved. This paper tries to look at Customary Marriage in Nigeria in terms of duties, rights and obligation and customary marriage in South Africa. A comparative exposition shall be made using the doctrinal methodology examining authorities, journal articles, case law and internet as Sources of Material.