#OBSCURELEGALFACTS BY AROME ABU
ILLEGALITY OF ONLINE MARRIAGES IN NIGERIA
As the COVID 19 pandemic bites harder, and with the resultant
prohibition of public gathering, intending married couples are
beginning to consider the option of online platforms to perform
their wedding ceremonies. Infact, some have attempted, albeit,
futilely to conducted their “wedding ceremony” online.
With this publication, the writer intends to briefly expose the
dangers that inhere in this novel idea, which according to many is
cost effective.
There are two(2) recognized forms of marriages in Nigeria,
viz:
1) Act Marriage (Registry)
2) Customary Marriage.
VENUE OF MARRIAGE
There are 3 (three) recognized venues for wedding ceremonies in
Nigeria Viz:
1) Marriage registry
2) A licensed place of worship
3) Any place approved by the Minister of Interior for the conduct
of wedding ceremony. See Section 13 and 29 of the Matrimonial
Causes Act.
Section 21 of the Marriage Act provides that where marriage is
to take place either in the Marriage registry or a licenced place
of worship, it must be “with open doors”, hence, suggesting that
online marriages are bereft of any legal backing, as online
platforms such as the zoom App etc, do not offer or accommodate
such facility.
Again, section 23 of the Marriage Act, prohibits religious
minister from celebrating marriage, except in a “building” which
has been duly licensed by the Minister of Interior”.
The express mention of “building” in the said section, is an
implied exclusion of online weddings.
Section 26 of the Marriage Act provides for signature of the
parties to the marriage, to be on the marriage certificate. Sadly,
Section 17 of the Cyber Crime (Prohibition and Prevention) Act
2015, already excludes “Marriage Certificates” from the
circumference of documents which may be signed electronically”.
INVALIDITY OF ONLINE MARRIAGE UNDER CUSTOMARY LAW
MARRIAGE
This form of marriage can not be achieved under customary law as
most customary marriages, require presentation of list items such
as kola nuts, palm wine or other alcoholic beverages. This
conditions cannot be fulfilled virtually.
Lastly, online marriage is not yet a recognized form of marriage
under any customary law or in indigenous community in Nigeria.
From the foregoing, it is discernible that even with the powers
of the Minister of Interior to approve other venues for wedding
ceremonies, such powers does not extend to approval of virtual
venues, as the strictures relating to “Building” and “with open
doors” cannot be fulfilled virtually.
Arome Abu is the Principal Partner of TCLP.
CAVEAT: Note that this information is provided for general
enlightenment purposes and is not intended to be any form of legal
advice.
Obscure Legal Facts is an exclusive daily publication of THE
COUNSEL L-P.
Plot 108 Idris Gidado
Way, Wuye, Abuja.
[email protected][1]
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounseLP
#OBSCURELEGALFACTS BY AROME ABU
ILLEGALITY OF ONLINE MARRIAGES IN NIGERIA
As the COVID 19 pandemic bites harder, and with the resultant
prohibition of public gathering, intending married couples are
beginning to consider the option of online platforms to perform
their wedding ceremonies. Infact, some have attempted, albeit,
futilely to conducted their “wedding ceremony” online.
With this publication, the writer intends to briefly expose the
dangers that inhere in this novel idea, which according to many is
cost effective.
There are two(2) recognized forms of marriages in Nigeria,
viz:
1) Act Marriage (Registry)
2) Customary Marriage.
VENUE OF MARRIAGE
There are 3 (three) recognized venues for wedding ceremonies in
Nigeria Viz:
1) Marriage registry
2) A licensed place of worship
3) Any place approved by the Minister of Interior for the conduct
of wedding ceremony. See Section 13 and 29 of the Matrimonial
Causes Act.
Section 21 of the Marriage Act provides that where marriage is
to take place either in the Marriage registry or a licenced place
of worship, it must be “with open doors”, hence, suggesting that
online marriages are bereft of any legal backing, as online
platforms such as the zoom App etc, do not offer or accommodate
such facility.
Again, section 23 of the Marriage Act, prohibits religious
minister from celebrating marriage, except in a “building” which
has been duly licensed by the Minister of Interior”.
The express mention of “building” in the said section, is an
implied exclusion of online weddings.
Section 26 of the Marriage Act provides for signature of the
parties to the marriage, to be on the marriage certificate. Sadly,
Section 17 of the Cyber Crime (Prohibition and Prevention) Act
2015, already excludes “Marriage Certificates” from the
circumference of documents which may be signed electronically”.
INVALIDITY OF ONLINE MARRIAGE UNDER CUSTOMARY LAW
MARRIAGE
This form of marriage can not be achieved under customary law as
most customary marriages, require presentation of list items such
as kola nuts, palm wine or other alcoholic beverages. This
conditions cannot be fulfilled virtually.
Lastly, online marriage is not yet a recognized form of marriage
under any customary law or in indigenous community in Nigeria.
From the foregoing, it is discernible that even with the powers
of the Minister of Interior to approve other venues for wedding
ceremonies, such powers does not extend to approval of virtual
venues, as the strictures relating to “Building” and “with open
doors” cannot be fulfilled virtually.
Arome Abu is the Principal Partner of TCLP.
CAVEAT: Note that this information is provided for general
enlightenment purposes and is not intended to be any form of legal
advice.
Obscure Legal Facts is an exclusive daily publication of THE
COUNSEL L-P.
Plot 108 Idris Gidado
Way, Wuye, Abuja.
[email protected][1]
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounseLP