A COMPARATIVE ANALYSIS OF STATUTORY AND CUSTOMARY LAW MARRIAGE IN NIGERIA: LEGAL IMPLICATION FOR SPOUSAL RIGHTS

Abstract

This study explores the legal implications of statutory and customary law marriages in Nigeria, with a focus on spousal rights and the disparities arising from the coexistence of these two legal systems. As Nigeria operates a plural legal system, marriages conducted under statutory law and customary law are recognized, yet they confer differing rights and obligations on spouses, particularly concerning inheritance, property ownership, and child custody. This research examines the legal frameworks governing both marriage systems, analyzing key statutes such as the Marriage Act, the Matrimonial Causes Act, and the Recognition of Customary Marriages laws, alongside judicial precedents and customary practices. Through a doctrinal approach employing analytical, comparative, and descriptive methodologies, the study investigates the extent to which these legal systems protect or undermine spousal rights, particularly for women, who often face systemic disadvantages under customary law. It also draws lessons from international legal standards and best practices to propose actionable recommendations for harmonizing Nigeria's marriage laws. The findings reveal significant gaps in legal protection, inconsistent enforcement, and cultural biases that perpetuate gender inequality. The study concludes by advocating for legal reforms, increased awareness, and the integration of equitable principles into both statutory and customary law to ensure the protection of spousal rights and the promotion of gender justice in Nigeria.