Government includes federal, state and local levels. The child rights act, which was passed in 2003, sets the age of marriage at 18 yearsold. The law in nigeria makes this illegal, and it is a punishable offence. The president of the federal republic of nigeria, dr. The act to make provisions for the prohibition of relationship between persons of the same sex, celebration of marriage by them, and for other matters connected therewith, also known as the same sex prohibition act 2006, was a controversial draft bill that was first put before the both houses of the national assembly of nigeria in early 2007.
Only 314 places of worship licensed to conduct marriages. Lets examine the laws of civil marriage in nigeria. Nigerian marriage act pdf nigerian marriage act pdf nigerian marriage act pdf download. This type of marriage is obligatory because it ensures the security of each partner and their children.
The parties to a marriage under the act must possess the necessary capacity. Part i general 1 evidence may be given of facts in issue and relevant facts. Nigerian president signs ban on samesex relationships the. Although this law was passed at the federal level, it is only effective if state assemblies also codify the law. Settlement of property is the transfer of property of a party or jointly owned to the other spouse. Nigerian law envisages 3 types of marriages namely. Marriage to take place within three months after date of notice. Major types of marriage in nigeria updated 2019 legit. Womens property and use rights in personal laws gender and. Nigerian president signs ban on samesex relationships. The ban, known as the same sex marriage prohibition act, was passed by parliament in may but was not signed by the president, goodluck jonathan, until. The childrens rights act of 2003 expands the human rights bestowed to citizens in nigerias 1999 constitution to children. It confers the title over a property from one person to another. An act to make provisions for the celebration of marriages.
In this context the couple register the marriage is registered under the marriage act of nigeria with a marriage certificate issued. By section 301 of the marriage act, every registrar of marriage is obliged to keep in his office a marriage register book in which every certificate of marriage filed in his office shall be registered. Short title this act may be cited as the marriage act. The federal government has said that most worship centres conducting marriages in nigeria did not possess the licence to do so under the statutory marriage act. Marriage is a universal institution which is recognized and respected all over the world.
However, only 23 of nigerias 36 states have adopted this act. Part ii rights and responsibilities of a child rights of a child 3. The law has generated much debate and anxiety on the implications of the passage, especially as it. Law of marriage act 1971 which constitutes a fairly convincing attempt to unify different marriage systems. By the provisions of section 7012 of the matrimonial causes act of nigeria two groups can be deciphered as entitled to maintenance namely. The child rights act recognises every childs right to name, and holds that the birth of every child shall be registered in accordance with the provisions of the birth, death, etc.
Samesex relationships and marriage in nigeria lawpadi. Marriage under the act and the grounds for dissolution. Goodluck ebele jonathan assented to the same sex marriage prohibition act 20 on 7th january 2014, effectively making the provisions of the act operative in nigeria. Country in which sentence of imprisonment is to be served. The celebration of marriage under the act in nigeria is regulated by the marriage act, such marriage is usually referred to as statutory marriage. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. Mind or absent from nigeria, of the new testament original greek pdf mother, or if both be dead or of unsound mind or. The permanent secretary of the ministry of interior, georgina ehuriah. There are several different laws related to the minimum legal age of marriage in nigeria. The celebration of marriage under the act in nigeria is regulated by the marriage act and is usually referred to as statutory marriage. The current law on matrimonial causes in nigeria is the matrimonial causes act of 1970. Nigeria introduces new federal marriage certificate premium.
Settlement of property in divorce proceeding in nigeria. The same sex marriage prohibition act hereinafter referred to as same sex act has generated pungent controversy within nigeria and between nigeria and the west. Similar legislation to the same sex marriage prohibition act has been attempted in the past. Marriage act of 1990, chapter 218 laws of the federation of nigeria. Marriage act 4 years ago admin laws and acts governing the system. It principally regulates marriages celebrated under or in accordance with the marriage act in nigeria. E14, laws of the federation of nigeria, 2004 and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. Introductionedit sourcein 2003, nigeria adopted the child rights act to domesticate the convention on the rights of the child. Commencement 7 th day of january, 2014 enacted by the national assembly of the federal republic of nigeria. Evidence act 2011, laws of the federation of nigeria, with full text search. Nigerian evidence act 2011 for android apk download.
Statutory marriage is compulsory in nigeria and its done with little or no income and it. Additionally, the bill would have punished those who entered into any samesex. Polygamous marriage a polygamous marriage may be defined as a voluntary union for life of one man with one or several wives. Some people have called for the imposition of economic sanctions on nigeria. The act prohibits discrimination on the basis of belonging to a particular community or ethnic group.
Information on civil registration systems was compiled over a period from december 2016 to november 2017 using the existing relevant legal frameworks and in consultation with crvs experts, officials within the relevant national institutions, and unicef country offices. The same sex act criminalizes any marriage or civil union between homosexuals. The age of marriage under customary law is governed in the three eastern states of nigeria by the age of marriage law 1956. Also, section 33 1 of the marriage act provides that no marriage in nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married by native law or custom to any other person other than the person with whom such marriage is had.
Trial of persons ceasing to be subject to service law and time limited for trials 168. Marriage act an act to make provisions for the celebration of marriages. These are the ikoyi registry which covers all residents in lagos, southsouth, southeast and southwest. Under the marriage act 1990 the minimum legal age of marriage 21 years for girls and boys, although they are able to marry before this with written consent from a parent or guardian. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. Evidence may be given of facts in issue and relevant facts. In 20, the nigerian national assembly passed a law which made same sex marriages illegal. Marriage under the act marriage registration portal. Crvs birth, marriage and death registration in nigeria. Nigerian marriage act pdf contracting marriage under this act when already manied by native law. This marriage is compulsory as it ensures the security of the woman and the children. Only 314 places of worship licensed to conduct marriages in. Important facts about marriage and divorce in nigeria.
Nigeria inheritance legal mechanisms under the marriage act of 1990, in the event of the death of her husband intestate, a woman is entitled to a certain percentage, at. A child to be given protection and care necessary for his well. As a result, in some areas of the country the minimum age of marriage can be as low as 12 yearsold. An act to prohibit a marriage contract or civil union entered into between persons of same sex, solemnization of same. Marriage traditions is one of such culturally resplendent practices and jumia travel, the leading online travel agency, shares 5 interesting nigerian marriage traditions to know. A homosexual act is a felony punishable on conviction by 14 years of imprisonment, under the federal criminal code act.
Childs right act arrangement of sections part i best interest of a child to be of paramount consideration in all actions. Refworld is the leading source of information necessary for taking quality decisions on refugee status. Registrargeneral, civil registrar, marriage officer mean respectively registrargeneral of. The draft bill aimed to limit legal recognition of marriage in nigeria to heterosexual couples.
Jan 14, 2014 the ban, known as the same sex marriage prohibition act, was passed by parliament in may but was not signed by the president, goodluck jonathan, until jan. It is an ancillary relief granted during divorce proceeding. Nigeria is a federal republic composed of 36 states and one federal capital territory abuja. Doc samesexprohibition act in nigeria hagler okorie.
Since nigeria passed a law criminalising same sex marriage and gay organisations in 20, law enforcement agents have cracked down on people. Whenever by any act of the national assembly, any act of the national assembly is extended or applied to nigeria or to a state, such act shall be read with such formal alterations as to names, localities, courts, offices, persons, moneys, penalties and otherwise as may be necessary to make the same applicable to the circumstances. During this wedding, the couple legitimizes their relationship under the marriage act of nigeria with a marriage certificate. Divorce in nigerian statutory and customary marriages. Nigeria introduces new federal marriage certificate. In this act, unless the context otherwise requires district means a marriage district constituted under this act. Oct 08, 2018 the current law on matrimonial causes in nigeria is the matrimonial causes act of 1970. Jul 31, 2017 since nigeria passed a law criminalising same sex marriage and gay organisations in 20, law enforcement agents have cracked down on people suspected of homosexuality. In 2006 the same sex prohibition bill was introduced. It explicitly provides that a marriage certificate can not be presented to individuals of the same sex.
Constitution of the federal republic of nigeria, 1999, 58, international center for nigerian law icnl website. Broadly speaking there are 2 types of marriage in nigeria, there is marriage under the act and traditionalcustomary marriage. No dissolution where petition for nullity before court. Duties of persons in charge of prison and others to receive prisoners. According to the law, the court marriage is protected under the marriage act, chapter 218 of laws of the federation of nigeria 1990. The act prohibits the marriages of these individuals and provides that any marriages entered into between individuals of the same sex in a foreign country shall be invalid in nigeria. Samesex marriage is a marriage of individuals of the same sex. State and local governments are in charge of the implementation of the national policy as defined and monitored by the federal authority. There are several methods of proving a statutory marriage.
The nigerian government has introduced a new federal marriage certificate for all types of marriages in the country. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. The married woman under the act enjoys equal rights to the family assets acquired during. According to the 2007 pew global attitudes project, 97 percent 4 of nigerian residents believe that homosexuality is a way of life that society should not accept, which was the secondhighest rate of nonacceptance in. Introduction in nigeria the law of marriage and divorce is characterized by a distinctive legal pluralism. Under the child rights act 2003, the minimum legal age of marriage is 18. The bill puts the penalty for samesex marriage on a par with the penalties for a homosexual act. One finds statutory law, based on english law, and largely taken over from colonial times with few important changes. An analysis of the matrimonial causes act mca, as a good. Broadly speaking there are 2 types of marriage in nigeria, there is marriage under the. The parties to a marriage under the act must posses the necessary.
Controversy in nigeria over minimum age of marriage. Best interest of a child to be of paramount consideration in all actions. Limitation of time for trial of offences under this act. Statutory marriage is compulsory in nigeria and its done with little or no income and it saves time. The married womens property act 1882, a statute of general application in nigeria. The samesex marriage prohibition act criminalises all forms of samesex unions and samesex marriage throughout the country. The information has been carefully selected and compiled from unhcrs global network of field.
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