Claim: A Facebook user alleges that individuals who are married only traditionally should declare themselves “single” when filling out official documents.
Verdict: Misleading. Traditional marriage is legally recognised under Nigerian customary law, although some institutions may require statutory marriage documentation for certain processes.
Full Text
Nigeria operates a plural legal system in which different frameworks, including statutory law, customary law, and Islamic law, govern marriage. While all three systems are legally recognised, they differ in procedure, documentation, and cultural requirements.
Against this backdrop, a Facebook user, Gist With Humble Lady Stories, claims (archived) that individuals who are married traditionally should declare themselves “single” when filling out official documents.
“If u are married, only traditionally remember that each time u are filling an official document, you must say u are single,” she wrote.
As of April 21, 2026, the post had garnered 18 likes, 24 comments, and three shares.
We observed that some users in the comment section either disagreed or questioned the claim’s authenticity. Asiwaju Odeyemi Omoniyi, “Please don’t mislead people. This is totally false.”
Another user, Jessica Ngum, queried, “But I learned that the government acknowledges traditional marriage now, so why should you say you’re single when you’re married traditionally?”
Although the engagement statistics are low, DUBAWA examined the legal status of traditional marriage under Nigerian law to address potential confusion about its recognition.
Verification
Under Nigerian law, to enjoy marriage rights, a person must be validly married under one of the three recognised marriage systems: statutory, customary, or Islamic law.
These legal systems govern different areas of society, including family law, inheritance, and succession. In customary law, this type of marriage is governed by native law and custom. Customary Marriage is polygamous in nature (in other words, it is a marriage between a man and one or more wives).
At times, it allows one woman to marry multiple husbands. The native law and customs of communities across Nigeria govern customary marriages conducted under them, as well as issues of inheritance, divorce, and related matters.
What is the Legal Framework?
There is no uniform customary law that governs the whole of Nigeria. Different localities in Nigeria have practices that, due to a long history of accepted usage, have come to be known as customary law and are binding on people subject to them. Customary law is mostly unwritten, but it can be enforced by the courts if its existence is proven before them. There are various ethnic communities in Nigeria, and each group has its own marriage customs.
Customary marriage is legally recognised under Nigerian law. The clearest statutory support is in section 35 of the Marriage Act, which states that nothing in the Act shall affect the validity of any marriage contracted under or in accordance with customary law.
The Supreme Court also recognised the legitimacy of customary marriage structures in Chinweze v. Masi (1989) 1 NWLR (Pt. 97) 254 (SC). In that case, the court acknowledged that, under Nigerian customary law, a family may consist of one wife in a monogamous union or several wives in a customary marriage.
This judicial recognition confirms that customary marriage forms an integral part of Nigeria’s recognised marriage system.
Experts Opinion
A Nigerian legal practitioner, Amina Miango, explained that the law recognises traditional marriages in Nigeria. She said it is categorised under the law and the customs of the people.
“Once the bride price is paid and other requirements of the culture are met by the people, it has become recognised by the law,” she said.
She also explained that, while there are differences between the registry and the customary form of marriage, this does not render the customary form invalid.
Christiana Longe, another legal practitioner in Nigeria who spoke to DUBAWA, reiterated that the Nigerian legal system recognises customary marriage. She said the customs of the place govern the marriage, including its validity and dissolution.
“According to section 35 of the Marriage Act, nothing affects the validity of the marriage that is contracted under or in accordance with any customary law in Nigeria,” she noted.
She added that in the case of divorce, both parties will resort to the customary court for divorce proceedings.
Conclusion
Our findings reveal that customary marriage is legally valid, but some government agencies, banks, and institutions may require statutory marriage certificates or specific documentation for administrative processes. However, this does not invalidate customary marriage or make individuals “single.”