A Critical Appraisal of the Concept of Double-Decker Marriage under the Nigerian Family Law

Abstract

The paper examined the legal framework with law practices, judicial pronouncements and other statutory legislations relating to family law in Nigeria. This was with a view to undertaking holistic analysis and appraisal of the concept of double-decker marriage under the Nigerian family law. The study relied on primary and secondary sources of information. Constitution of the Federal Republic of Nigeria, 1999 (as altered), various statutes in Nigeria enacted on family law and marriages which include Marriage Act Cap M 6 Laws of the Federation of Nigeria, 2004; Matrimonial Causes Act Cap M 7, Laws of the Federation of Nigeria, 2004; Criminal Law, Cap C 38, Laws of the Federation of Nigeria, 2004; and unstructured interviews, and judicial decisions. The secondary source included books, journal articles, conference proceedings, newspapers and magazines and the internet. Data collected were subjected to content analysis. The study found that there are two systems of marriage, i.e. statutory marriage or customary marriage under which Nigerian couples could contract their marriages, the changing socio-cultural situations in Nigeria had however, led to contracting marriages under both systems at different time by the same couple (this is otherwise called double-decker marriage). It also found that many such double-decker marriages are contracted illegitimately, in an offending reversed order. The study concluded that the grant of enviable marriage certificate in statutory marriage, carries with it, certain enforceable rights, is only available to the statutory marriage, which accounted for a mad-rush to double-decker marriage and the study therefore recommended the regulation of customary-marriages and demanded similarly the issuance of marriage certificate in customary marriage system.