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DISSOLUTION OF MARRIAGE CONTRACTED UNDER CUSTOMARY LAW IN NIGERIA: COMMENTS ON EZEAKU V. OKONKWO



Author(s)

Babatunde A. Oni

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DOI:10.17265/1548-6605/2015.07.007

This comment reviews the Nigerian Court of Appeal decision in
Ezeaku v. Okonkwo (2012) All FWLR Part 654 @ Page 128 which
considered the dissolution of marriage contracted under customary law. It
reasoned that customary marriage in Nigeria cannot be dissolved by mere
wishful thinking or assertion, a woman who is a wife of the man under the
native law and custom does not divorce the man merely by leaving him and
staying with another man for who she has children, and it is not sufficient
that one of the parties to the marriage declares that he or she no longer
wants the other. There must be a formal act on the part of the party who is
tired and not willing to continue. This review contends that the proof of the
dissolution of customary marriage requires a high degree of certainty and
can only be dissolved by a court; or either unilaterally or by mutual consent
subject to refund of bride price.

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