By Tobi Soniyi, Abuja
Published: Wednesday, 15 Nov 2006

The proposed law, which was presented to members of the public in Abuja on Tuesday by the Nigerian Law Reform Commission, also stipulated 18 years as the age for anyone to qualify for marriage.

For anyone to get married at any age less than 18 years, the law requires that a court order be obtained first.

Section 62 of the proposed law stipulates two years jail term for anyone who marries at the age of 18 without the required court‘s order.

Similarly anyone who assists in procuring such marriage is also liable to the same jail term under the draft bill titled, ”An Act to make provisions for the celebration of monogamous marriages in licensed places of worship and marriage registries in Nigeria, and for the registration of such marriages; and to provide for the recognition in Nigeria of certain monogamous marriages contracted under foreign law.”

The law also forbids marriage between anyone who had already married under the customary law of Islamic law.

Section 60 of the proposed law reads, ”Any person who contracts a marriage under the provisions of this Act, being at the time married in accordance with customary law of Islamic law to any person other than the person with whom such marriage is contracted shall be guilty of an offence and liable on conviction to imprisonment of five years.”

Speaking at the public presentation of the proposed bill, the Chairman of the Nigerian Law Reform Commission, Justice Olukayode Somolu (rtd), said that there was a need to unify customary marriage law with Islamic law on marriage.

He noted that a situation where Nigeria would continue to rely on archaic British law for its marriage institution was no longer tenable.