Mechanism for the Protection of the Sanctity of Statutory Marriage in Nigeria: An Appraisal of the Provisions of Sections 39 to 48 of the Marriage Act Cap M6 Laws of the Federation of Nigeria 2004.

Paul Okhaide Itua, Ph.D
Abstract
Nigeria operates a dualistic marriage system. The extant laws recognises as valid marriage contracted in accordance with the Marriage Act, and those contracted under Native Law and Custom indigenous to various tribes in Nigeria. The Marriage Act makes elaborate provisions that regulate the conducts of parties to a statutory marriage. However, the reverse is the position under native law and custom for lack of codification. In recent times, there have been an upsurge in the number of divorce petitions filed before our courts. This development necessitated this inquisition as to whether the sanction provisions in the Marriage Act are inadequate to protect the sanctity of statutory marriage, or they are obsolete and require amendments. Adopting the doctrinal research methodology, this research evaluates the provisions of the Marriage Act dealing with offences and punishments. It posits that the sections are adequate to guarantee the sanctity and stability of statutory marriages. The research identifies absent of enforcement and prosecution based on these provisions as the albatross for the instability and recommend steps that could enhance the enforcement mechanism that would ultimately guarantee the stability of the marriage institution.
This work is licensed under a Creative Commons Attribution 4.0 License.

ISSN(Online): 2998-7679

Frequency: Quarterly

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