Customary Law Marriage Practice in Nigeria: Women and Human Rights

Dr. Adoga-Ikong J. Adams* and Dr. Michael Takim Otu (B.Ed (Hons); LL.B (Hons); BL; PGDM, MBA; LL.M; Ph.D (Law))
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Dr. Adoga-Ikong J. Adams*: Faculty of Law University of Calabar, Calabar
Dr. Michael Takim Otu (B.Ed (Hons); LL.B (Hons); BL; PGDM, MBA; LL.M; Ph.D (Law)): A Legal Practitioner cum Senior Lecturer, Department of Private and Property law, Faculty of Law, University of Calabar, Nigeria

The Journal of Social Sciences Research, 2020, vol. 6, issue 3, 272-275

Abstract: Marriage has been defined as a voluntary union between a man and a woman or women (in the case of customary marriage) for life to the exclusion of any other. In other words, it is a legal union which exists between a man and a wife(s). The practice is acceptable world over and it is usually legally recognized. In Nigeria, though there exist a statutory marriage which is monogamous in nature but most prevalent is the customary marriage. This marriage is practiced among all the tribes in Nigeria despite the fact that there exist statutory marriages. One thing that is pertinent here is that the practice of customary marriage in Nigeria has violated the human rights of the couple especially the women. The women in Nigeria have not enjoyed their human rights in their customary marriage. This is due to certain customs and traditions that do not allow for such. Among the few are undue reliance on consent of their parents. Before a marriage can be contracted female genital mutilation, the corresponding rights to bring an action for dissolution of marriage if the other party commits adultery, etc. As a result of the above (and many others) Nigerian woman is deprived of her rights. This work seeks to examine these practices which stand as hindrances to the rights of a married woman in Nigeria and therefore suggests that Nigerian women should be allowed to enjoy her basic human rights (even as a married woman) just like her husband, also that the practices in other climes where women enjoy their human rights should be imbibed in Nigeria.

Keywords: Customary law marriage; Opposite Sex; Union; Rights of women; Equality; Genital mutilation (search for similar items in EconPapers)
Date: 2020
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