When the parties to an intended marriage have obtained either a registrar's certificate or a special licence they may be married in one of two different ways

Marriage in a licenced place of worship

The Governor of a State is authorized by the Marriage Act to licence any place of public worship within his State to be a place for the celebration of marriages. Such licence may also be revoked. Notice of the approval or revocation must be published in the State Gazelle. The parties may have their marriage celebrated in a licenced place of worship by any recognized minister of the church, denomination or body to which such place of worship belongs. The marriage must be celebrated with open doors between 8 a.m. and 6 p.m. in the presence of at least two witnesses beside the officiating priest. Such celebration must be in accordance with the rites or usages of marriages observed in such church, denomination or body. ' Consequently, it is contrary to the law, for instance, for a Methodist priest to solemnize a marriage in a licensed Salvation Army Church, either according to the raes of the Salvation Army or according to those of his own church. In all cases, it is important that the celebrant must be a recognized minister of religion of the church. Whether a person can answer to that description depends on the rules and procedures of the particular church or denomination with regard to the holding of the office of priest. A marriage performed by a person who is not a recognized minister of the religious organization is void.

A minister of religion is enjoined not to celebrate any marriage if he knows of any just impediment to such marriage. Further, it is mandatory that he should not solemnize a marriage until the parties thereto deliver to him the registrar's certificate or a special licence. Moreover, he must not celebrate any marriage except in a licensed place of worship, or other place mentioned in a special licence.

It may be necessary to determine at what point in the church proceedings the marriage is in fact contracted. Marriage in church is essentially marriage per verba de praesenti, that is a declaration by the parties before witnesses, including an ordained priest, that they accept each other as husband and wife. This is the essential part of the church service. The reciprocal taking of each other for wedded wife and wedded husband till parted by death constitutes the act of marriage. The subsequent giving of the ring, the joining of hands, and publication of the face of marriage by the minister are symbolical and declaratory of a marriage that has already taken place by the consent of the parties.

Immediately after the celebration of any marriage, the officiating minister is required to complete the marriage certificate in duplicate. He must also enter the same details, which include, inter aha. the names of the parties, the dale of the marriage and the names of the witnesses, on the counterfoil.The duplicate copies of the certificate are signed by the officiating minister, the parties, and two or more witnesses to the marriage. Furthermore, the counterfoil must bear the priest's signature. The priest is then obliged to hand over one copy of the certificate to the parties and transmit the other, within seven days, to the registrar of marriages for the district in which the marriage took place. The registrar must file the copy of the certificate remitted to him.

Nigeria does not provide for marriage to be celebrated in any particular church. Moreover, the Marriage Act makes no provision for the publication of banns of marriage, as are required for marriages in the Church of England. But some Nigerian churches insist on the publication of banns of marriage before persons are married. Usually, the banns are published by being read aloud at morning services on three successive Sundays. While this custom is not based on the law hut on the rises and practice of the church, it serves some useful purpose. The publication of banns enables the religious community to be aware of the proposed marriage, so that anyone who has knowledge of any impediment to the marriage may come forward and acquaint the priest with it. Once any valid objection is raised to the celebration of the marriage, the priest is obliged to refuse lo go through with it.

The various churches celebrate marriages for their own members and converts. There is no legal obligation on a priest to marry any persons who desire to contract a marriage He may refuse the celebration of marriage, even for members of his church, especially where the religious requirements have not been fulfilled. Section K17 of the Matrimonial Causes Decree 1970 provides that a minister of religion shall not be bound lo solemnize the marriage of a person whose former marriage has been dissolved, whether in Nigeria or eslewhere, otherwise than by death. This provision does not seem to achieve any legal objective. As has been pointed out, there is no legal obligation on a minister of religion to celebrate any marriage in Nigeria. Where a divorced party is involved, very little if any difference is made. But the provision may be relevant only in relation to the observance of the religious rule of some denominations For instance, the Catholic Church does not accept the dissolution of marriages by secular courts. Consequently, a marriage which has been so dissolved remains intact in the eyes of the Catholic Church. For this reason, the church may refuse to marry a party whose former marriage has been dissolved. The Protestant churches are also reluctant to marry a divorced party. It is difficult to understand why the law of a country which cannot in any way claim to be religious should make such strenuous efforts to preserve the religious norms of some denominations. It is submitted that the value of this provision is marginal.