Quantum Of Bride Price
There is no uniformity of the rules governing the quantum of bride price throughout Nigeria. It varies from one locality to another. Even within a state, the differences may be profound. For instance, in Anambra State, Onitsha town is a known area of low bride price which is about forty Naira. On me other hand, Awka and environs are known for high bride price which may range in hundreds of Naira. Incidents of high-bnde price in parts of Nigeria have been criticized for causing social ills particularly in preventing young men who cannot afford the large sums of money demanded by parents of bride-to-be from getting married. Similarly, frustrated young women may be tempted to indulge in unmoral associations.
How much is actually paid in each case may depend on the outcome of negotiations between the two families. In other cases the girl's family merely asks the suitor to pay what he considers fit and proper for a wife.
In older to combat incidents of high bride price, action has been taken in several Parts of Nigeria to limit, by legislation, what is payable. The Limitation of Dowry Law 1956, regulates the quantum of bride price in the four Eastern States— Anambra, Imo, Cross River and Rivers States. Section 3(a) of the Law prescribes that sixty Naira shall be the maximum bride price payable in respect of marriages where no incidental expenses are involved. But where incidental expenses are payable, the bride price shall not exceed fifty Naira and the incidentals the sum of ten naira.MJ The law defines 'incidental expenses' of marriage as "customary gifts or payments, other than dowry, made or incurred, on account of a marriage, before, at the time or after marriage." What infact constitutes incidental expenses varies from one part of the country to another. However, the distinction between bride price and incidental expenses is of some importance even though both payments are made in respect of the marriage.
It is an offence to pay or to receive as bride price any amount in excess of the maximum prescribed by the Law. Moreover, it is also an offence to incur any incidental expenses above the ceiling of ten Naira. The offence of each case is punishable, on conviction, with six month's imprisonment.
The courts are precluded from entertaining or continuing any suit or proceeding, making any decree or order or executing such order if the claim involved in the suit contravenes the law. The same limitation of jurisdiction applies where the decree or order of a court would offend against the provisions of the Law. In Okeke v Okoye, the plaintiff respondent claimed as against the appellants in the Udoka District Court, Grade A', Awka Division, that he, being the eldest son of his deceased father, was, in accordance with the customary law of the area, the person entitled to the bride price paid on one Ifechukwu Okoye, daughter of his late father.
The case was transferred to the Chief Magistrate Court, Awka, by the Customary Court Adviser. The Magistrate found as a fact that the first defendant/appellant had received the sum of sixty Naira and three goats in respect of the marriage of Ifechukwu. He therefore made an order for the sixty Naira and three goats to be paid over to the plaintiff. On appeal to the High Court, the defendants argued that the Magistrates' order was illegal, being contrary to section 5 of the I -nutation of Dowry Law. Section 5(b) provides that:
No court shall make any decree or order if the claim involved in such suit or proceeding or if the passing of the decree or order or if such execution would be in any way contrary to any provision of this Law.
Egbuna. J., upheld the defendant's submission But, the learned judge changed the order of the Magistral: to read thirty pounds' (sixty Naira) and not thirty pounds and three goats.'
It it necessary to examine the effect of the Law on the validity of marriages in respect of wtuch payments in violaocm of the provisions were made. Significantly the Law is silent on this issue. In Emeakuana v Umeojiako,151 the court was called upon to determine the paternity and custody of a child. It was contended on behalf of the appellants that the marriage in question was void because the bride price was paid in ruafran currency which was illegal and non-existent in the eyes of the law, or alternatively because it exceeded the limit set down by the Law. Obi-Okoye, J., as he then was, found that part of the bride price was paid in Biafran currency and part in items such as yams. He then decided that the part made up of yams constituted valuable consideration and that the illegal currency will not invalidate the marriage. On the effect of excess payment, he held that although the Law renders both the payer and payee liable for prosecution for an offence, it does not operate to nullify the marriage.
Other statutory limitation of bride price also exist. The Marriage, Divorce and Custody of Children Adoptive By-Laws Order, 1958152 which applies to Lagos, Ogun, Oyo, Ondo and Bendel States, prescribe a standard bride price of twenty Naira.153 This amount may, however, be varied with the approval of the Conmussiooer for Local Government when the by-laws are adopted.
Furthermore, declarations of customary law of marriage in a number of Local Government Areas lay down the maximum bride price for the respective areas. In Bm (Bono State) the bride price roust not exceed thirty Naira while in Idoma156 (Benue State) the ceiling is sixty Naira.
Following public complaints of incidents of high bride price, the Imo State Govenirnent in 1979 commissioned the State Branch of the National Council of Women's Societies of Nigeria to look into the problems and find solution. The Council's report recommended inter alia a maximum cash expenses of five hundred Naira for trarriage. The Government, however, rejected this view on the grounds that the provisions of the Limitation of Dowry Law 1956 were still adequate. Inspite of this conclusion, four members of the Imo State House of .assembly in 1981 introduced a Bill — the Limitation of Bride Price Law - which sought to repeal the 1956 Law. The Bill prescribed a bride price of not more than five hundred Naira where no incidental expenses are paid. In other cases, the bride price shall not exceed two hundred Nana and the incidental expenses three hundred Naira. The bill never became law.
