MARRIAGE is a voluntary union between matured, mentally sound and consenting parties (man and woman) for life. It is not a business for kids or persons co habiting but are not prepared to patiently and assiduously navigate the vagaries of matrimony.
Age of maturity is vital as a child for instance, under our laws is incapable of contracting a marriage.
According to the Black’s law dictionary 9th edition, page 271, a child is” a person under the age of majority. The children and young persons’ laws of Lagos state at the interpretation section “a child means a person under the age of fourteen years.
With regards to the illegality of the under aged in marriage, a child in Nigeria generally appears to be a person who has not attained the age of 18 years by virtue of which he has no legal status to engage in Marriage.
For instance, section 21 of the Child’s Right Act, 2003 which has been domesticated in many states of the federation clearly provides “ No person under the age of 18years is capable of contracting a valid marriage and accordingly, a marriage so contracted is null and void and of no effect whatsoever”
Similarly, section 3 (1) ( e) of the matrimonial causes Act gives further eloquent expression to this by rendering void a marriage where either of the parties is not of marriageable age. For the avoidance of doubt, the section stipulates thus “Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void… where: (e) “Either of the parties is not of marriageable age” Although marriage Act focuses on statutory marriage, it is crystal clear that child marriage therein is prohibited just like our other relevant law . Not only do the laws forbid child marriage, they also prescribe punishments for such offence.
For instance, the Child’s Right Act (Supra) provides for a fine or a jail term or both fine and imprisonment for a person who commits an offence of child marriage or betrothal of a child.
For sake of clarity, while section 22 of the Act stipulates that (1) “No parent, guardian or any other person shall betroth a child to any person. (2) A betrothal in contravention of sub section (1) of this section is null and void, section 23 of the Act says “A person- (a) Who married a child, or (b) to whom a child is betrothed; (c) Who promotes the marriage of a child; or (d) Who betroths a child, Commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of five years or both such fine and imprisonment”.
Despite these clear provisions of the law, many still engage in or purport to contract marriages for persons under 18 years of age or even child betrothal either for selfish interests or in ignorance of the law.
Marriage of persons below 18 years of age or child betrothal definitely, has some legal consequences under our relevant laws and can land the promoters, participants in jail as has been earlier adumbrated.
It is therefore illegal as well as criminal, preposterous, obnoxious, reprehensible and totally unacceptable for persons who have not attained the age of majority to purport to contract a marriage.
Indeed, parents or guardians who sponsor or promote marriage of any person under18 years of age or engages in child betrothal risks jail term, fine or both.
Though it is disheartening that some persons particularly in some communities in Nigeria notorious for violating the statutory age for marriage and the name of customs and traditions, engage persons below 18 years of age in purported marriage, This is illegal and has no blessing of our laws. It is a “marriage” built on shifting sand that can be easily swept away by the sure tides of the law.
Such customary or traditional practices belong to the dark days and cannot be sustained today as they have become toxic, anachronistic, crude, barbaric and repugnant to natural justice, equity and good conscience.
Apart from age requirement by law, prudence demands that marriage being a serious and life time business should only be reserved for persons who have the maturity, capacity and willingness to navigate marriage highway.
It is not for fun but a union that deserves understanding, perseverance among others. A person that has not attained the age of maturity cannot even consent in the real sense to a marriage and parents or guardians cannot provide consent by proxy.
Indeed, consent by proxy is void and of no effect. Our courts have in a plethora of cases given eloquent expressions that consent of the parties is a veritable element needed to validate a customary marriage.
In the case of Osamwonyi v Osamwonyi,for instance, the Supreme court maintained that under the Benin native laws and customs a daughter cannot be married off to a man by her parents without her consent.
Also, an unwilling party cannot be forced into customary marriage on a willing party. This position of the law was adumbrated in Salisu v Lawal (1986) 2NWLR Pt. 435 at 441 where the court held that “Any customary law including any rule of Islamic law which permits an unwilling wife to be ordered against her wishes (whether by her family or court) to return to the matrimonial home out of which she has moved is not only contrary to natural justice, equity and good conscience, but is also in violation of the Nigerian constitutional provision on the freedom of association”.
Respecting the ripe age for marriage and allowing individuals to leverage same will not only be in accordance with the relevant laws but will go a long way in reducing to minimum cases of toxic and broken marriages as well as their consequences on the victims and the society at large.
Citizens should learn to resist marriages involving persons who are yet to attain the age of majority by reporting to civil society organizations, social welfare platforms and consulting a legal practitioner for necessary advice and action.
