Introduction
In Nigeria, marriage is recognised under three main legal systems:
- Statutory marriage — governed by the Marriage Act and the Matrimonial Causes Act
- Customary marriage — governed by the native law and custom of the parties
- Islamic marriage — governed by Islamic personal law (Sharia) in applicable states
The concept of bride price (sometimes called bridewealth or dowry in certain contexts) is central to customary marriages across many Nigerian ethnic groups, including Yoruba, Igbo, Hausa, and others. Traditionally, it symbolises respect, commitment, family alliance, and the groom’s readiness to assume responsibility — not the purchase of a woman.
Bride price has no legal relevance in statutory marriages. However, in customary marriages, the payment — and sometimes refund — of bride price may arise when a marriage breaks down. This article explains how Nigerian law treats bride price refunds through customary practice, legislation, and judicial decisions.
Legal Recognition of Bride Price in Nigeria
Customary Law Perspective
Under customary law, payment of bride price is often regarded as part of the validation of marriage. In many communities, failure to pay — or symbolically acknowledge — bride price may render a customary marriage incomplete.
Key principles include:
- Bride price is paid by the groom or his family
- It is paid to the bride’s family, not to the bride personally
- It does not confer ownership or proprietary rights over the woman
Nigerian courts have consistently affirmed that payment of bride price does not make a woman property.
Statutory Regulation of Bride Price
Some states have enacted laws to discourage excessive bride price demands. For example, the Limitation of Dowry Law, 1956, applicable in parts of present-day Anambra, Imo, Abia, and Enugu States, caps bride price at a nominal amount (historically about ₦60, excluding incidental expenses).
The 1999 Constitution recognises customary law as part of Nigerian law, subject to the repugnancy doctrine, meaning customs must not be:
- Repugnant to natural justice
- Contrary to equity and good conscience
- Inconsistent with written law
No Constitutional Ban, But Rights Concerns
There is no constitutional prohibition on bride price. However, refund practices have increasingly raised human-rights concerns, particularly where they:
- Treat women as commodities
- Trap women in abusive marriages
- Condition divorce on financial repayment
Courts are increasingly willing to scrutinise such customs.
Bride Price Refund and Marriage Breakdown
The legal effect of bride price refund depends largely on the type of marriage involved.
Statutory Marriages
(Marriage Act and Matrimonial Causes Act)
Statutory marriages are governed by the Matrimonial Causes Act (Cap. M7 LFN 2004).
Key features include:
- Divorce based on irretrievable breakdown of marriage
- Proof through facts such as adultery, desertion, unreasonable behaviour, or prolonged separation
- Proceedings filed in the High Court
Legal Position on Bride Price
Under statutory marriage law:
- Bride price is legally irrelevant
- No refund is required or recognised
- The Matrimonial Causes Act makes no reference to bride price
- Refund demands have no legal effect
A statutory marriage ends only by court decree, not by customary processes.
Customary Marriages
Customary marriages are governed by the native law and custom of the parties.
Modes of Dissolution
Customary marriages may be dissolved through:
- Extra-judicial processes — family meetings, elders, or mutual agreement
- Judicial dissolution — proceedings before a Customary Court
Role of Bride Price Refund
In many Nigerian customs — particularly among Igbo communities — refund of bride price is seen as symbolic confirmation that a marriage has ended.
Judicial authorities reflecting this view include:
- Eze v. Omeke (1982) — dissolution without addressing bride price refund was described as “meaningless.”
- Ezeaku v. Okonkwo — dissolution was linked to refund, though the husband could waive the right.
Refunds are often:
- Partial rather than full
- Negotiated based on:
- Length of marriage
- Birth of children
- Contributions by the wife
- Managed through families or customary intermediaries
Some customary court laws (for example, in Enugu State) allow courts to order refunds where appropriate.
Exceptions and Variations
Practices differ across ethnic groups:
- Some customs require no refund once children are born
- Northern Nigerian customs and Islamic marriage practices treat refunds differently
- There is no uniform national rule
Double-Decker Marriages (Customary and Statutory)
Where parties contract both:
- A customary marriage, and
- A statutory marriage
each must be dissolved separately:
- Customary marriage → family process or Customary Court
- Statutory marriage → High Court decree
Dissolving one does not automatically dissolve the other.
Emerging Judicial Trends and Constitutional Challenges
Courts increasingly rely on:
- The repugnancy doctrine
- Constitutional rights such as:
- Section 34 — dignity of the human person
- Section 42 — freedom from discrimination
Recent Judicial Developments
Recent decisions from Upper Customary Courts in Kaduna State (2022–2024), including Reuben v. Reuben (2024), suggest that:
- Mandatory refund after very long marriages may be unjust
- Refund demands may be rejected where:
- The woman contributed decades of unpaid labour
- Children were raised
- The marriage functioned socially and economically
Courts may therefore:
- Refuse full refunds
- Order symbolic refunds
- Reject refund claims entirely
These decisions reflect a growing emphasis on equity and human dignity.
Practical Implications
For Couples
- Understand the type of marriage you contracted
- Customary marriages may involve family negotiation
- Disputes should be resolved through Customary Courts or mediation
For Women
- Bride price refund cannot lawfully be used to force continuation of marriage
- Courts increasingly protect against oppressive customs
On Remarriage
Some customs restrict remarriage until refund is made, but this has no effect under statutory law.
Recommendations
- Document customary payments
- Seek legal advice early
- Use mediation or courts to resolve disputes peacefully
Conclusion
Nigeria’s plural legal system recognises bride price as a cultural institution rather than a commercial transaction. While refunds may arise in customary marriage dissolution, they are not automatic, absolute, or uniformly enforceable.
Statutory marriages do not recognise bride price at all. Judicial developments increasingly question refund practices that conflict with equity, dignity, and constitutional values.
Bride price is a symbol of union, not ownership.
Marriage may end — but human dignity remains protected.