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Bride price, often called ‘bride wealth‘ or ‘dowry‘ in some contexts, is a longstanding cultural tradition in many African societies, including Nigeria. But how is this practice viewed in the eyes of the law, particularly the Nigerian Constitution?
After DUBAWA’s story on the constitutional status of changing surname after marriage, TikTok users questioned whether the collection of the bride’s price was constitutional.
What is Bride Price?
Bride price is a symbolic gesture that signifies respect and appreciation to the bride’s family for raising her and allowing the union. It also serves as a form of cultural endorsement, confirming the legitimacy of the marriage.
It involves the groom or his family presenting the bride’s family with money, gifts, or other valuables as part of the marriage rites.
The items required for the bride’s price vary widely across Nigeria’s over 250 ethnic groups. They include livestock, cash, clothing, food items, and even traditional artefacts.
Difference between customary and statutory marriages
Customary marriages are traditional unions conducted according to the customs and traditions of a particular community. They often involve rites like paying the bride’s price, formal handover ceremonies, and family introductions. These marriages are recognised under customary law, which varies widely across Nigeria’s ethnic groups.
Statutory marriages, conversely, are legally binding unions conducted under the Marriage Act. They often require registration at a government registry and compliance with formal legal requirements like monogamy. These marriages offer more legal protections and are recognised globally.
Bride price is legally significant in customary marriages because it symbolises respect and agreement between families, serving as a critical step in validating the union. Without it, a customary marriage may not be considered complete or legally binding within the community.
Legal status of bride price in Nigeria
Customary law refers to the rules and traditions of how people in a community have lived over time. It is not defined the same way everywhere, but it generally covers the customs that guide how people relate to each other in traditional societies, including marriages.
Customary law is the oldest source of law, which existed before Nigeria was formed and even before the British arrived. For centuries, customary laws were applicable across the various territories that made up Nigeria. Customary law continues to be relevant, although with some limitations.
There is no uniform customary law in Nigeria, as even amongst communities of the same ethnic group, the rules might vary from one community to another. The court can only proceed step by step and consider every alleged custom as the occasion arises.
One common misconception is that bride prices might be unconstitutional in Nigeria. However, this is not the case. The Nigerian Constitution does not explicitly address bride prices, leaving their regulation to customary law, which predates the Constitution.
While some might assume that the lack of a direct constitutional mention makes bride price unlawful, the reality is that the Constitution allows traditional customs, like bride price, to coexist with statutory laws. As long as the practice doesn’t conflict with the Constitution’s principles, it remains a valid part of Nigerian marriage traditions.
Bride price or dowry is one of the essential requirements of a valid customary marriage. The bride price includes any gift or payment in the form of money, natural produce, or any kind of property given by an intending husband and his family to the parents or guardian of a female person on account of the marriage. It varies from one custom to another.
Nigerian law recognises the payment of bride-price as an element of customary law marriage. Most of the discussion and legal interventions on the issue have centred on the propriety and control of the relative exorbitance among communities, rarely on its essential validity or on questioning its very existence.
Solemnisation of marrriage
Solemnisation or celebration is an essential ingredient of a valid customary law marriage. It generally involves breaking kola, pouring libation, sharing drinks, and other activities. The bride is invariably handed over to the bridegroom and his family. In the case of Omoga v. Badejo 1985 NCNLR 1075, the Court held that there must be a formal handing over of the bride to the groom in the presence of the two families and witnesses and the acceptance and taking away of the bride to her husband’s house for marriage under Yoruba Native Law and Custom, to be valid.
Experts Opinion
We spoke to a lawyer, Amina Miango, who explained that the bride price is legally recognised. The marriage might be invalid without giving the bride price because it forms part of the wedding. Bride price is recognised in the customary law framework and by the constitution.
Another lawyer, Omowumi Omoniyi, explained that although it is not contained in the constitution, the concept of bride price is recognised under customary marriage, backed by law. Under the Marriage Act and Matrimonial Causes Act, three marriages are recognised: Islamic, customary, and statutory.
“The things that are considered essential for a customary marriage are the payment of bride price and other practices,” she said.
Conclusion
Bride price remains an important aspect of Nigerian customary law marriages, symbolising respect, cultural approval, and family connection. Despite misconceptions about its constitutional status, the practice is firmly rooted in Nigeria’s customary laws, which makes it backed by the law.
