Church Blessing

Beside solemnizing marriages otherwise than in accordance with the Marriage Act, some religious denominations in Nigeria perform the 'church blessing' of marriages. For instanrc, some religious organizations in Nigeria insist that their members who have married otherwise than in accordance with their prescribed religious rites must have thear marriages blessed in their churches.

Thus, where Roman Catholics contract a civil or cusiomary-law marriage, they may have it blessed by a Catholic priest. Such 'church blessing' does not constitute a marriage, nor does it add anything to an existing civil marriage. In Martins v Adenugba1 a priest blessed a customary law marriage on 17 September 1942. He issued, in a printed form, a certificate to the parties in respect of that ceremony. It was later contended that there was a valid marriage under the Marriage Act. The court held that the ceremony of the 17th September was merely the blessing of a customry law marriage, and therefore did not constitute a marriage.

Another interesting decision in this respect is the Ghana case of Setse v Setse.The Reverend Theophilus Setse was a minister of the Presbyterian church. In August 1950 he requested a fellow Presbyterian minister, the Reverend Nyalemegbe, to 'bless' his marriage to Grace Atrase, as approved by the Presbyterian church Mr. Setse informed the Reverend Nyalemegbe that he did not desire a marriage under the Ordinance, and no banns were published. The ceremony of 'blessing' was accordingly performed. No marriage return was sent to the Principal Registrar of Marriages in respect of the ceremony, but the Reverend Nyalemegbe nevctAekat issued a certificate of marriage under the Ordinance. Both parties to the blessing signed it. They lived together as man and wife and had three children. In November 1957 the wife petitioned for restitution of conjugal rights, alleging that she was lawfully married to Setse. Commissioner Minnow held that the 'blessing' ceremony did not constitute marriage under the Marriage Ordinance. Consequently, the court has no jurisdiction to grant the relief sought.