Waiver Of Bride Price

As many families become westernised and are willing to grant a waiver of bride price, the question has arisen whether in such circumstances a valid customary law marriage can be celebrated. Where the waiver relates to the payment of only a part of the bride price no serious legal problem arises because some consideration has intact been given for the marriage. The position is different where the whole bride price is waived. It seems that so long the parties acknowledge the fundamental nature of bride price, some token payment must be made.

The question of waiver of bride price was canvassed in Nickaf v Nickaf. In that case, the plaintiff Mrs I'm Nickaf sued her husband, Mr. Nickaf, for libel which was in the form of a disclaimer of their marriage published in a national newspaper. Both parties came from Kagoro in Kaduna State. The plaintiff and her father averred that the respondent asked for her hand in marriage. Both Titi and her father consented to the request. No bride price was paid or demanded nor was there a traditional marriage ceremony. Evidence was given for the plaintiffs case that bride price is not always necessary in Kagoro custom. It only becomes necessary when the girl's parents demanded it. On the other hand, witnesses for the respondent claimed that the payment of bride price and the marriage ceremony are vital for a valid marriage. The learned trial judge of the court of first instance found that a valid customary marriage subsisted between the parties and that the newspaper publication constituted a libel.

On appeal, the learned counsel for the plaintiff/respondent in dealing with the non-payment of bride price contended that the beneficiary of a right or benefit under a marriage contract could waive it completely or partially. Akpata, J.C.A. observed that there was no evidence from the defence on whether bride price could be waived under Kagoro custom. He found that the payment of bride price is an caaeaaial requirement of marriage under customary law of most communities in Nigeria and observed that "where native law and custom forbids a waiver of any eMeatill ingredient of marriage, a waiver of it would render the marriage void". In the cpunon of the learned judge, bride price is an "indispensable consideration' in some parts of the country. Unfortunately he did not reach a final decision on this issue but concluded that "the appellant has not established that the marriage between himself and the respondent was not valid".

The right to the bride price is not only that of a father but also some members of his isnancdiaac family. The interest of this group cannot be readily waived. On the whole, however, complete waiver of bride price is unusual. Some families merely ask the suitor for a token payment rather than grant outright waiver.