Proof Of Marriage

Marriage under the Act is a marriage that has been performed in compliance with The Marriage Act. The first step to make a marriage compliant with the Act is to give notice of the impending marriage to the Registrar of marriage in the district where the marriage is to be conducted. The Marriage Act is the primary legislation that provides for the celebration of marriage in Nigeria.
The only form of marriage recognized in Nigeria under the Act is monogamous marriage (marriage between one man and one woman). This form of marriage can be celebrated in the registry or a licensed place of worship before any recognized minister of the church provided the marriage is celebrated with open doors between the hours of eight (8) o’clock in the forenoon and six (6) o’clock in the afternoon in the presence of two or more witnesses beside the officiating minister. (see section 18 of the Marriage Act)
Note that a valid marriage may be celebrated in a place other than a licensed place of worship or the Registrar’s office. If a license issued under section 13 of the Marriage Act so directs. Thus a marriage may be celebrated in a town hall, garden or some other places so indicated in the licensed issued by the Minister. But such marriage must be contracted by a recognized minister of some religious denomination or body or by the Registrar of marriage in compliance with section 23 and 29 of the Marriage Act.
There are several ways of proving a statutory marriage. The best proof is the original marriage certificate. If you cannot locate your certificate the following proofs are acceptable;
A copy of a public record of the marriage certified by the custodian of the record (marriage registry).
A copy of a religious record of the marriage certified by the custodian of the record. This record can be secured by contacting the church where the marriage took place or the clergy who performed the service.
By section 30 (1) of the Marriage Act, every registrar shall forthwith register in a book to be kept in his office for such purpose and to be called the marriage register book, every certificate of marriage which shall be filed in his office according to the form F in the First schedule, and every such entry shall be made in the order of date from the beginning to the end of the book, and signed by the registrar, and such book shall be indexed in such manner as is best suited for easy reference thereto. Section 32 of the Act further provides thus.
“Every certificate of marriage which shall have been filed in the office of the registrar of any district; or a copy thereof, purporting to be signed and certified as a true copy by the registrar of such district for the time being, and every entry in a marriage register book, or copy thereof certified as aforesaid, shall be admissible as evidence of the marriage to which it relates, in any court of justice or before any person having by law or consent of parties authority to hear, receive, and examine evidence”.
This section therefore admits as satisfactory evidence of a marriage, the certificate or certified copy thereof entry in marriage register book and a certified copy of such entry does not cover for an extract from a church register or other certificate of marriage not appropriately filed.
In Anyaegbunan V. Anyaegbunan (1973) 4 SC 121. The parties were married at the church of the Holy name of Mary Abatete, in the east central state on the 28th of January 1961. The marriage was celebrated by Rev Hugh Roche, who issued the parties a certificate of marriage which was not in the form prescribed in form E in the first schedule to the Marriage Act in December 1971. P Fatayi Williams J.SC. (PP.14 – 15 para D-C).
“… while section 82 provides for a general standard of Proof, Section 86 provides for what is required as proof of birth, death or marriage. Again it will be inappropriate to suggest that the only way to prove a birth, death or marriage is by production of relevant certificate or certified copy thereof. Thus, where there is evidence of a ceremony of marriage having been gone through, followed by the cohabitation of the parties everything necessary for the validity of the marriage will be presumed in the absence or decisive evidence to the contrary, even though it may be necessary to presume the granting of a general license …..

By: Nkechi Bright-Ewere