Equalizing the Legal Status of Customary and Statutory Marriages in Nigeria: Lessons from Kenya and South Africa

Abstract

The practice of customary marriage is diverse amongst African indigenous societies due to legal and cultural differences. While some countries conventionally recognize customary marriage as valid, others protect customary marriage with the additional requirement of registration and legal recognition as equal to any other form of statutory marriage. This article examined equalizing the legal status of customary and statutory marriages in Nigeria drawing lessons from Kenya and South Africa. Adopting the doctrinal research method, the article revealed that equalising customary marriage with statutory marriage appeared to lack statutory clarity in Nigeria; and therefore asserted the need for statutory recognition of marriage equality irrespective of form once the necessary rites are met.