RAP-Nigeria is
raising this awareness after cases we have heard and handled, that this Act
seem to be overshadowed by certain state laws raising confusion even to some
legal and enforcement representatives. RAP-Nigeria would like to enlighten that
state laws can never overrule Federal Acts laws [ Supremacy
Clause (Article 6, Clause 2) establishes federal laws made
pursuant to it, and treaties made under its authority, constitute the
supreme law of the land ] and ignorance is no excuse.
Marriage Act 218 Laws of Federal Republic of Nigeria 1990 is an obligation as
all Acts from all members states of UN in which Nigeria was administered a
member 7 October 1960 . “United Nations declared, by resolution
843 (IX) of 17 December 1954, that certain customs, ancient laws and practices
relating to marriage and the family were inconsistent with the principles set
forth in the Charter of the United Nations and in the Universal Declaration of
Human Rights, Reaffirming that all States, including those which have or assume
responsibility for the administration of Non-Self-Governing and Trust
Territories until their achievement of independence, should take all
appropriate measures with a view to abolishing such customs, ancient laws and
practices by ensuring, inter alia , complete freedom in the choice of a spouse,
eliminating completely child marriages and the betrothal of young girls before
the age of puberty, establishing appropriate penalties where necessary and
establishing a civil or other register in which all marriages will be recorded. In
which Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages opened for signature and ratification by General
Assembly resolution 1763 A (XVII) of 7 November 1962 Entry into force: 9
December 1964, in accordance with article 6. It’s Article 2 “States
Parties to the present Convention shall take legislative action to specify a
minimum age for marriage. No marriage shall be legally entered into by any person
under this age, except where a competent authority has granted a dispensation
as to age, for serious reasons, in the interest of the intending spouses”. Do
not be an Abuser of Marriage Act 218 as an individual, Church Pastor,
Registrar, legal or enforcement representative as it carries penalties , go
through the right channel of processing and procedures as there is no short cut
to Marriage Act 218. Do not also be an Abused victim of Marriage Act 218,
know your rights as so many are suffering out of ignorance from lawless
individuals who believe Nigeria is lawless. You will know Nigeria is not
lawless if you are found out, when faced with penalties set out for its
breaches, and breaching of an Act goes beyond up to International Court of
Justice for decision.
RAP-Nigeria raising awareness with some
vital extracts for respect and obedience of Marriage Act 218 [Laws of
the Federation of Nigeria 1990 ] An Act to make
provisions for the celebration of marriages. [31st December, 1914]
Sections
1. This Act may
be cited as the Marriage Act.
2. In this Act,
unless the context otherwise requires-"district" means a marriage
district constituted under this Act;"Principal Registrar"
means the Principal Registrar of Marriages;"registrar"
means a registrar of marriages, and includes a deputy registrar when acting as
a registrar.
3. The President
shall, by order published in the Federal Gazette, divide Nigeria into
districts, for the purposes of this Act, and may, from time to time, by like
order, alter the 1957. districts.
Preliminaries to Marriage
9. Every
registrar shall supply forms of Notice gratuitous to any persons applying for
the same.
10. Upon
receipt of such notice the registrar shall cause the same to be entered in a
book to be called the Marriage Notice Book, which may be inspected during
office hours without fee. He shall also publish such notice by causing a copy
of the same to be affixed on the outer door of his office, and to be kept
exposed there until he grants his certificate as hereinafter mentioned, or
until three months shall have elapsed.
11. (1) The
registrar, at any time after the expiration of twenty-one days and before the
expiration of three months from the date of the notice, upon payment of the
prescribed fee, shall thereupon issue his certificate as in Form C in the First
Schedule: Provided always that he shall not issue such certificate until
he has been satisfied by affidavit-
(a) that one of
the parties has been resident within the district in which the marriage is
intended to be celebrated at least fifteen days preceding the granting of the
certificate:
(b) that each
of the parties to the intended marriage (not being a widower or widow) is
twenty-one years old, or that if he or she is under that age, the consent
hereinafter made requisite has been obtained in writing and is annexed to such
affidavit;
(c) that there
is not any impediment of kindred or affinity, or any other lawful hindrance to
the marriage;
(d) that
neither of the parties to the intended marriage is married by customary law to
any person other than the person with whom such marriage is proposed to be
contracted.
(2) Such
affidavit may be sworn before a registrar, or before an administrative officer
or before a recognised minister of religion.
(3) The person
taking such affidavit shall explain to the person making the same what are the
prohibited degrees of kindred and affinity, and the penalties which may be
incurred under sections 42 and 43 of this Act, and if he wilfully fails to make
such explanation, he shall be liable to imprisonment for two years.
(4) The
person taking such affidavit shall sign a declaration written thereon, that he
has given the explanation required by this section to the person making such
affidavit and that such person has appeared fully to understand the same.
12. If the
marriage shall not take place within three months after the date of the notice,
the notice and all proceedings consequent thereupon shall be void; and fresh
notice shall be given before the parties can lawfully marry.
13. The Minister
upon proof being made to him by affidavit that there is no lawful impediment to
the proposed marriage, and that the necessary consent, if any, to such marriage
has been obtained, may, if he shall think fit, dispense with the giving of
notice, and with the issue of the certificate of the registrar, and may grant
his licence, which shall be according to Form D in the First Schedule,
authorismg the celebration of a marriage between the parties named in such
licence by a registrar, or by a recognised minister of some religious
denomination or body.
Consent to Marriage in certain cases
necessary
18. If
either party to an intended marriage, not being a Consent widower or widow, is
under twenty-one years of age, the written consent of the father, or if he be
dead or of unsound mind or absent from Nigeria, of the mother, or if both be
dead or of unsound mind or absent from Nigeria, of the guardian of such party,
must be produced annexed to such affidavit as aforesaid before a licence can be
granted or a certificate issued.
19. (1)
If the person required to sign such consent is unable to write, or is
insufficiently acquainted with the English language, or both, then he shall
sign such consent by placing his mark or cross thereto in the presence of one
of the following persons-
(a) any judge of the High
Court of the State;
(b)
administrative officer;
(c) justice of
the peace;
(d) magistrate;
(e) registrar of
marriages;
(f) medical
officer in the service of the Government; or
(g) minister of
religion.
(2) Such
signature shall be attested by such person as in the Form B in the First
Schedule.
20. If there be no parent
or guardian of such party residing in Nigeria and capable of consenting to the
marriage, then any of the following persons may consent to such marriage, in
writing, upon being satisfied after due inquiry that the marriage is a proper
one-
(a) a Governor;
(b) a judge of
the High Court of the State or of
the Federal Capital Territory, Abuja;
(c) any officer
of or above the grade of assistant secretary.
Celebration of Marriage
22. A minister shall not
celebrate any marriage if he knows of any just impediment to such marriage, nor
until the parties deliver to him the registrar's certificate or the licence
issued under section 13 of this Act.
Registry and Evidence of Marriages
30. (2) The
registrar shall at all reasonable times allow searches to be made in the
marriage register book, and shall give certified copies there from upon payment
of the prescribed fee.
Invalid Marriages
33. (1)
No marriage in Nigeria shall be valid where either of the parties thereto at
the time of the celebration of such marriage is married under customary law to
any person other than the person with whom such marriage is had.
(2) A
marriage shall be null and void if both parties knowingly and willfully
acquiesce in its celebration
(a) in any place
other than the office of a registrar of marriages or a licensed place of
worship (except where authorised by the licence issued under section 13 of this
Act). or
(b) under a
false name or names; or
(c) without a
registrar's certificate of notice or licence issued under section 13 of this
Act duly issued. or
(d) by a person
not being a recognised minister of some religious denomination or body or a
registrar of marriages.
(3) But no
marriage shall, after celebration, be deemed invalid by reason that any
provision of this Act other than the foregoing has not been complied with.
34. All marriages
celebrated under this Act shall be good and valid in law to all intents and
purposes.
35. Any person who is
married under this Act, or whose marriage is declared by this Act to be valid,
shall be incapable, during the continuance of such marriage, of contracting a
valid marriage under customary law, but, save as aforesaid, nothing in this Act
contained shall affect the validity of any marriage contracted under or in
accordance with any customary law, or in any manner apply to marriages so
contracted |
