An Analysis of Customary Law Inhibitions to the Right of Women to Choice of Marriage in Nigeria

Publication Details

Publication Date

10/11/2026

Volume / Issue

Vol 1, Issue 6 (2026)

Article No.

036

Journal

British Journal of Contemporary Research

DOI

https://doi.org/10.67693/BJCR-CLAMAK4L

Received

16 Oct 2026

Views

21

Downloads

14

Abstract

Marriage occupies an epochal position in Nigerian society and is governed by different legal systems comprising statutory, customary law or Islamic law. Customary law continues to exercise considerable influence over the formation, validity and dissolution of marriages, particularly in communities where customary marriage remains the predominant form of family formation. While customary law performs important social and cultural functions, certain customary practices tend to restrict women's autonomy in choosing marriage partners. These restrictions may arise from parental control, family and community expectations, lineage considerations, socio-economic status, religious or ethnic considerations, arranged marriages, bride-price practices and other patriarchal norms. This article examines the extent to which customary law may lawfully regulate or inhibit a woman's choice of marriage partners in Nigeria. It analyses the legal significance of consent to marriage, the constitutional prohibition of sex discrimination, the repugnancy doctrine, statutory regulation of customary law and Nigeria's obligations under applicable human rights instruments. Specific consideration is given to judicial pronouncements in Osamwonyi v. Osamwonyi, Mojekwu v. Mojekwu, Mojekwu v. Iwuchukwu, Anekwe v. Nweke, Ukeje v. Ukeje and Okonkwo v. Okagbue. The article argues that customary law is entitled to recognition within Nigeria's multi - legal system but that recognition is conditional. A custom that merely facilitates family participation in marriage is distinguishable from one that removes or substantially negates the woman's free and voluntary consent. The latter is vulnerable to invalidation where it conflicts with the Constitution, applicable legislation, public policy, natural justice, equity and good conscience. The article concludes by proposing a rights sensitive approach to customary law adjudication, legislative clarification, community engagement and improved access to justice for women.

License

This article is published under the Creative Commons Attribution 4.0 International License . Free to read, share, and adapt with attribution.