LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTION OF RIGHTS OF WOMEN IN DOUBLE- DECKER MARRIAGES IN NIGERIA
Abstract
In Nigeria, most marriages are conducted under the customary law and the Marriage Act. The parties rarely feel adequately married until both are contracted. There exist two different streams of law that meet harmoniously in the marriage life of the parties. The aim of this work is to espouse the legality of this variant marriage, which is entered into by either of the two different processes and analyze the controversy regarding its effects and incidents on women’s rights and empowerment. Essentially, this article adopted the doctrinal research methodology aimed at investigating the impact of double-decker marriages on women’s Rights and Empowerment. Accordingly, it was found that the issue of women’s rights and empowerment in double-decker marriage is much affected by the competing values of these multi-systems of law; that the area of marriage is still one in which customary law still applies even to those who subscribe largely to the common-law system. It also found that many of such double-decker marriages are contracted illegitimately, in an offending reversed order. The study recommended a legal reform that amend the Marriage Act and the Matrimonial Causes Act to recognize and integrate customary marriage rites, values and procedures, ensuring compliance with international human rights standards. And establish a regulatory body to oversee marriage registrations ensuring uniformity and standardization across both customary and statutory marriage system.
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