It is a well established principle of customary law in Nigeria that the payment of bride price is an essential ingredient of a valid customary law marriage. The term 'bride price' is often used interchangeably in Nigeria with 'dowry' by both writers and others concerned with customary law. Such practice, however, may lead to confusion in thought as 'dowry' stricto sensu means the property which a woman brings to her husband. On the other hand, 'bride price' may be defined as

". . . any gift or payment, in money, natural produce, brass rods, cowries or in any other kind of property whatsoever, to a parent or guardian of a female person on account of a marriage of that person which is intended or has taken place"

In Ibikade v Aize, Old, J., in dealing with the problems of terminology and the nature of dowry (bride price) said:

Is the term 'dowry' equivalent to the term 'price"? or 'purchase price' of an article: is a single sum payable (even if by instalments to the owner or owners of the article .... Dowry on the other hand, is not, usually a single or simple sum like a price. Dowry in a customary law marriage is the total of the various absolutely necessary sums or fees which must be paid by the prospective husband either at different stages and/or for different heads or purposes to seal the marriage agreement between the parties and their families Quite often a payment for one purpose cannot be considered or even discussed until payment has been made for another purpose which is regarded as a necessary prior step in the ladder of the marriage agreement. As the marriage (or even further discussion about it) cannot take place without payment of the various purposes or heads, these payments become a sine qua non in a customary marriage transaction.

For our purposes, the term bride price will be used in this study. It is known in Yoruba customary law as ldana.

From the foregoing, the essential characteristics of bride price may be summarized as follows: it is a gift or payment, it may take the form of money, natural produce or some other form of property; the payment is made to the parent or guardian of the bride-to-be on account of the marriage of the female person and it is paid in respect of a marriage which is intended or has taken place. We shall now examine some of the main features of bride price.

Nature of bride pricee

Whether bride price takes the form of a gift or payment depends on the customary law of each locality. Historically, bride price took the form of labour provided by the suitor for the parents of his wife-to-be. Such labour was rendered in addition to a small cash payment and drinks. But with the advent of modern cash economy, bride price took the predominant form of money payment. At the same time, payment in other forms of property became a rare occurence.