PAYMENT OF BRIDE PRICE IS SINE-QUA NON IN CUSTOMARY LAW MARRIAGES BY O.O.NWANI, ESQ

Legal decisions and authorities have been consistent on how to prove the validity or otherwise of a customary law marriage. The bride price must be paid and the bride must be handed over to the groom ;all this must be done in the presence of witnesses.

Mere sexual congress or sexual relationship, however, prolonged, and number of children results from the union,is not recognised as marriage; it remains what it is, an esteemed concubinage.

According to Sowemimo J, In Re Proposed Marriage Between Ayorinde & Aina [1964] Lagos LR pg 71.His Lordship submitted thus:

"There is no doubt that it might appear a bit on the hard side that after having 3 children for (KA) , it should be held that whatever might have been their relationship, it is not recognized as a marriage under Yoruba law and custom; but that's the law"

Note, we must all know that every now and then, romance brings sweet love and then, it is followed by deep pain. Without caution, a desire to soothe the pain may becloud good judgement. Yet no balance judge should lend his hand to assauge the feeling of a lover whose romance went awry.

A key feature of dissolution of native law marriage is the refund of bride price. So when no refund was made to the previous husband whose wife has deserted, the marriage ennures for the benefit of the deserted man until the bride price is refunded according to the custom and tradition. This ceremony too must be done in the presence of witnesses.