Statutory Marriage Prohibitions
In Nigeria, a person who is a party to an existing statutory marriage or monogamous marriage recognized by law, lacks the capacity during the continuance of such marriage of contracting a valid customary-law marriage.
This rule came up for consideration in Omvudinjoh v Onwudinjoh,aA where one Jeremiah married Agnes under the Marriage Act in 1926. Subsequently, during the lifetime of Agnes, Jeremiah purported to marry one Chinelo by native law and custom. Ainley, CJ, held that by reason of Section 35 of the Marriage Act Jeremiah was incapable of contracting a valid marriage under customary law with Chinelo.
>>> Prohibited degrees of consanguinity and affinity in customary marriage
