Subject to provisions of customary imposition to sections of
Nigerian Constitution; marriage becomes an obligation to certain communities,
which is not binding to the entire society and when being judged by
English/statutory laws as stipulates in Acts of marriage of Nigerian
constitution; the persons indulging in some certain acts under customary laws
are breaking statutory laws of Nigerian constitution. For example, the
customary laws stipulates according to the tribes in Nigeria, that the age
limits permitted for marriage varies according to customary section 3(1) of the law which says that
marriage between or in respect of persons under the age of 16 years shall be
void. And it is an offense to give, confer or procure from any person any
property or benefit in relation to such void marriage.
Therefore, though in some customary tribes in the
middle Belt of Nigeria, IDOMA TRIBE AND TIV tribes of Benue
state stipulates for girls as follows: TIV
tribe gives girls in marriage at age
of puberty while IDOMA tribe gives
girls in marriage at age of fourteen (14) years which is still against the
statutory age by Nigerian constitution under marriage acts, according to acts
of Marriage section 48 of Nigerian constitution which stipulates that the age
limit for giving out girls to marriage is 21 years and any person found guilty
of such Act is punishable by 2 years imprisonment. We should also note that all
obligation laws ends in customary law and will not extend to statutory laws on
marriage which is the main base of discussion. The statutory laws of Nigerian
constitution under marriage acts starts from
chapter 218 laws of the
federation of Nigeria 1990 section 1 to section 55, which also helps to
explain the limitations of custom to original English/statutory law of the
federation as well as punishment for breaking such marriage acts.
Now, in section 44 of the same marriage acts, states
that any person that obtains any property or use any persons’ name in marriage
in order to deceive such a person to marry by pretense is committing felony and
liable to 5 years imprisonment:
SECTION 44
“Whoever personates any other person in
marriage
Or
marries under a false name or description, with
Intent
to deceive the other party to marriage, shall
Be
liable to imprisonment for five years”
This is why marriage is not absolutely obligation to
detriment of custom but a right to the person and should be exercised to meet
up with the societal ethics and values as stipulated by law. Marriage is not
imposing law but a permissive law that should be exercised in accordance with requirements
by constitutional law.
Now, what
makes marriage a right? Just as we said earlier, one
party should not impose it on another party to get married to a particular
persons or forceful marriage which is against the law. Though some customs
practice it under tradition and customary law; but when measured with statutory
law; it is an offense, especially when the persons in quote are girls of under
21years who is still recognized as a minor in Nigerian constitution according
to section 48 of Marriage Acts.
SECTION 48
“Whoever,
knowing that written consent
Required
by this Act has not been obtained
Shall
marry or assist or procure any other
Person
to a minor under the age of twenty-one
Years,
not being a widow or widower shall be
Liable
to imprisonment for two years”
One can see that the person infuriating such act is
liable to imprisonment for two years. Now, what
makes marriage a choice or permissive Acts? Just as section 37 of Nigerian
constitution stipulates right to privacy which government must protect:
Section 37 Of Nigeria Constitution
37.“The privacy of citizens, their homes,
correspondence,
telephone conversations
and telegraphic communications is
hereby guaranteed and protected.”
Marriage I came to understand is a privacy; which
the person in quote has the absolute right to decide what, when and how he
wants to go about it. And that is why, it is absolutely dangerous to trade on
this ground or perpetrate or trespass injustice to someone’s right to privacy.
According to section 44 of marriage Acts in Nigerian constitution which we
mentioned above that stipulates the punishment to personating a person’s
marriage and section 47 completes the story:
SECTION 47
“Whoever contract a marriage under provisions
Of
this Act, or any modification or re-enactment
Thereof,
being at the time married in accordance
With
customary law to any person other than the
Person
with whom such marriage is contracted,
Shall
be liable to imprisonment for five year”
We can see the limitations of Customary law to the
constitution, they are not what the custom said and believe but what does the
constitution said about them, in case a third party sues you for such offenses?
Now, just as marriage is a permissive will and a choice to make, it also has
limitations to choices according to marriage Acts in Nigerian constitution.
Some marriages are void of Nigerian law just as it is welcomed in other
countries like Europe and United State. As you are making these rights choices;
never you dabble into Gay marriage because the punishment had been stipulated
while you are still in Nigeria according to sections 214 to 217 of Nigerian constitution which is
punishable by 14 years imprisonment as stated under:
SECTION 214
214 “Any
person who
(a) have carnal knowledge of any person
Against
the order of nature or
(c) Permits a male person to have carnal
Knowledge
of him or her against the
Order
of nature
Is guilty of
felony and liable to imprisonment for fourteen years.
SECTION 215
215 “Any person who attempts to commit any
of the offense defined in the
last preceding section
is
guilty of a felony and is liable to imprisonment
seven
years. The offender cannot be arrested
without warrant
SECTION 217
217 “Any
male person who whether in public or
Private,
commits any act of gross indecency
With
another male person, or procure another
Male
person to commit any act of gross
indecency with him, or attempt to procure
the commission of any such act by any male
person with himself or with another male
person whether in the public or private is
guilty of felony and liable to 3 years
imprisonment”
More over the origin of the newly above amended laws
is from the marriage Acts of Section 45 and 46 of Nigerian Constitution:
SECTION 45
“Whoever
goes through the Ceremony of
Marriage,
or any ceremony which he or
she
represents to be a Ceremony of
marriage,
knowing that the marriage is void
on
the marriage ground, and that the other
person
believe it to be valid, shall be liable to
imprisonment
for five years”
SECTION 46
“And
whoever contracts a marriage under the provisions
Of
this act, or any modification or re-enactment thereof
Being
at the time married in accordance with customary
Law
to any person other than the person with whom, such
Marriage
is contracted, shall be liable to imprisonment
For
five years”
So in conclusion, we can say that Marriage is legal
institution established by God to man; which must be handled and treated as
stipulated in the constitution of nations as highest sovereign authority that
God’s public servants according to Holy Bible book of Romans 13:1-7 which are
the governments of the nations use to administer justice by punishing offenders
or law breakers. So marriage can be said to be a right choice to make according
to legal law of the constitution and not an obligation
towards community or family. Though still an obligation to God but with a
permissive will when you are led to do it.
WRITTEN BY
ONYIA EMEKA
HARFORD
+2348186388641
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