A Comparative Analysis of Customary Law and English Law Marriages in Nigeria

Abstract

The combination of customary law and English law in the Nigerian legal system creates complexities in the regulation of marriages. This paper discusses the characteristics, legal regimes, and formalities of customary law marriages and statutory marriages in Nigeria, as well as their implications and interactions. Customary law marriages are based on culture and traditions, while English law marriages require strict adherence to legal procedures. The paper focuses on the legal pluralism issues stemming from these systems, including overlapping legal concerns such as marriage formation and recognition, spouses' rights, divorce, and inheritance. Case studies and court decisions are presented to illustrate how these conflicts work in practice and how people navigate the dual legal system. The paper highlights the challenges of regulating marriage in the context of both customary and English law marriages in Nigeria. It stresses the need for future research and policy-making actions to expand the Nigerian legal framework on marriage recognition and regulation, making it more inclusive and non-discriminatory.