CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 INTRODUCTION
In every community, marriage is considered imperative because it is the foundation upon which the society is founded. Although, marriage has no universally acceptable definition, hence it is dynamic in the sense that it cut across jurisdictions, race and tribes and the definition to be given to the concept will depend very much on the social and religious beliefs of a particular society. Marriage could be said to be the basis of the legal family, the leaned author, E.I. Nwogugu defined marriage as;
“Marriage is a universal institution which is recognised and respected all over the world as a social institution, marriage is founded on and governed by the social and religious norms of society”[1]
The fact being stressed here is that there is an element of divinity in the concept of marriage. This fact is evident in the Holy bible when it says thus „a man shall leave his father and mother, and shall leave unto his wife and they shall become one flesh‟[2]. The sanctity of marital institution is also traced to theQur‟an, the holy book of faithful Muslims where it was said that „marry (other) women of your choice, two or three or four, but if you fear that you shall be able to do justice (with them) then only one‟[3]
Double-Decker marriage is nowhere defined in the marriage Act. The dictionary meaning of double-decker however is a vehicle with two decks or a sandwich with two layers of filling. The illustration created is this view is different or separate compartment but is the same bus and piloted by the same driver or separate layers of filling accommodation in one loaf. When one applies this illustration to the issue of marriage, a double-decker marriage would mean two validly permissible marriages contracted by the same person.
Statutorily, Section 33 (1) of the Marriage Act (MA) states thus:
“No marriage in Nigeria shall be valid here either of the parties thereto at the time of the celebrities of such marriage is married under customary law to only person other than the person with whom such marriage is had”[4]
Basically in Nigeria, the two forms of marriage a couple contracts simultaneously are also customary law marriage and statutory marriage. This is permissible under Section 33 (1) MA and by this section it can only be between the same person. Although doubledecker marriage is not expressly provided for under the law, but can be implied by applying literal and golden canon of interpretation of statute. Hence, double-decker marriage was impliedly created under the law in Nigeria.
1.1.0 BACKGROUND TO THE STUDY
The essence of marriage in the society cannot be overemphasised, as some marry for the sake of children, some marry to fulfil sexual urge. In advanced country, it is a common phenomenon to see people engage in “contractual marriage” i.e marriage agreement either for months, years or for a specific period. In fact men marry men and women marry women.
In Nigeria, apart from statutory marriage, the other form of marriage is customary marriage. The basic feature of statutory marriage is marriage according to the provision of common law which customary marriage is marriage according to the tradition. In between these two, there appear what we call “a batlike” marriage otherwise known as double-decker marriage.
The issue now is, what is the essence of wasting money on the same marriage twice despite the economic problem prevalent in our country, both socio-cultural and economic associate the double-decker marriage as a pointer to the final associated problem which serves as the basic background for this project.
Therefore, what are the issues, problem and is there any prospect in this double-decker marriage. What is the essence of such marriage since the court has held in Jadesimi v.
Okotiebo[5] that the status of customary marriage is also statutorily recognised in Nigeria.
1.2.0 OBJECTIVES OF THE STUDY
Lots of controversies and series of opinions and ideas have accompanied the formation, reasons and necessity for a double-decker marriage. Many have expressed opinions for the necessity of clothing the customary type of marriage with its statutory flavour while to some people, it is basically a waste of money. Therefore, the effort and major objectives of this study will be to examine all the hullabaloos surrounding this common marriage system in Nigeria today. The study will examine the advantage, limitations and reasons why people engage in double-decker marriage. At the end of the exercise, a standing form of model law will be profound by this study based on researcher‟s findings as regards double-decker marriage in Nigeria.
[1]Nwogugu E.I, Family Law in Nigeria (Reviewed Edition Heniman Studies in Nigerian Law) 3rd Edition 1900
[2] The Holy Bible, Genesis 2:24 New International Version Zomdervan Publishing House
[3] The Noble Quran, Chapter 4v5, Darussalam Publishing and Distributors
[4] Marriage Act CAP M6 Laws of the Federal Republic of Nigeria 2004
[5] (1996) 2 NWLR 128
