Bride Price & Divorce: What Nigerian Law Really Says
Rethinking Bride Price and Marital Dissolution
ACROSS many Nigerian communities, a long-standing belief persists: that a customary marriage cannot be dissolved unless the husband physically collects the bride price he previously paid. For some women seeking to exit broken unions, this belief has become a source of fear and prolonged uncertainty.
However, legal practitioners and judicial precedents indicate that this perception does not accurately reflect the law. While the return of bride price is traditionally associated with the dissolution of customary marriages, courts have repeatedly affirmed that refusal by a husband to accept repayment does not indefinitely bind a woman to the marriage.
Customary marriages, governed by native law and custom, differ from statutory marriages conducted under the Marriage Act. Yet they are recognised within Nigeria’s legal framework and subject to judicial interpretation, particularly where disputes arise.
Customary Law Versus Judicial Authority
Under many customary systems, dissolution of marriage traditionally involves the return of bride price by the woman’s family to the husband’s family. This practice symbolises the formal termination of marital ties.
Legal analysts note, however, that customary norms operate within the broader constitutional and judicial structure of Nigeria. Courts have held that where a marriage has irretrievably broken down and parties have separated, the refusal of a husband to accept the return of bride price cannot be used to perpetuate the union against the will of the woman.
In such situations, families may formally offer to return the bride price in the presence of elders or witnesses. If the husband declines to receive it, the matter can be brought before a customary court or High Court with jurisdiction over customary law matters.
The court, upon reviewing evidence of separation and breakdown, may declare the marriage dissolved and order that the bride price be returned through judicial channels or deemed returned in law. In effect, the husband’s refusal does not invalidate the dissolution.
Legal scholars argue that this judicial oversight reflects a broader constitutional principle: marriage cannot be sustained solely through coercion or technical obstruction.
Preventing Custom From Becoming Coercion
Women’s rights advocates have increasingly raised concerns that misconceptions surrounding bride price have been used to psychologically pressure women into remaining in dysfunctional or abusive relationships.
Family law experts emphasise that bride price is symbolic and does not constitute ownership. Nigerian courts have consistently rejected interpretations of customary law that violate principles of natural justice, equity, and good conscience.
“The law does not allow cultural practices to override fundamental rights,” says a Lagos-based family law practitioner. “Where a marriage has clearly ended in substance, the courts can recognise that reality.”
In practice, once judicial dissolution is granted, the marriage ceases to exist in the eyes of the law, regardless of whether the husband personally receives the bride price.
Legal Pathways and Public Awareness
Despite these legal protections, limited public awareness continues to fuel confusion. Many families remain unaware that judicial remedies exist, leading some women to endure prolonged separation without formal closure.
Legal professionals advise that individuals in such circumstances seek legal counsel or approach a customary court for clarification of their rights. Documentation of separation, witness testimony, and evidence of attempted bride price return often form part of proceedings.
Experts stress that timely legal action prevents further complications, including disputes over remarriage, inheritance, or child custody.
As debates over the intersection of tradition and constitutional rights continue, one principle remains clear within Nigeria’s jurisprudence: customary marriage, while culturally significant, is not indissoluble.
Refusal to collect bride price may delay proceedings socially, but legally, it does not bind a woman indefinitely. Courts retain the authority to dissolve the union and settle attendant obligations, reinforcing that marriage under customary law is not a permanent sentence but a legal relationship subject to lawful termination.
