Forced Marriage in Nigeria

This article by Success Oghosa Osaretin discusses forced and arranged marriages, explaining the difference between the two types of marriage, consent being a major distinguishing factor. While not approving of either type of marriage on the ground that being able to choose one’s marriage partner is a fundamental right, she condemns forced marriages, showing that they are null and void ab initio by virtue of laws like the Violence Against Persons (Prohibition) Act and the Matrimonial Causes Act

Introduction

On August 04 2021, Daily Trust reported that a house wife poured hot water on her husband and injured many parts of his body. This was as a result of some quarrels that had that led to the incident. The Housewife narrated how she was forced into the marriage by her parents, even when she resisted their decision because she didn’t like the man she was told to marry.

Forced marriage is not just peculiar to Nigeria, but, it happens in other countries too. In some quarters, it is seen as a normal way of life, as parents think they are doing their children good by insisting they marry a particular man against their will. Some parents say it is because they have the best interest of their child, hence, when a prospective suitor comes asking for their child’s hand in marriage, there is absolutely nothing wrong forcing such a good suitor on to their child, even if she resists their decision to marry such suitor. Can we say a parent(s) has/have the best interest of their children when they force them into marriage? Is forced marriage different from arranged marriage? We shall examine these.

What is Forced Marriage?

This is a situation when one is pressured into a marriage, absent of free will. It is a situation when one consents to a marriage that they will not have consented to, if the pressure was not present. The pressure can come in form of physical threats, financial or psychological threats, that is, making you emotionally guilty for bringing shame to the family or dishonouring your parents, if you insist on your choice. Under the Marriage Act in Nigeria, consent is an important factor in marriage, and a marriage can be void in the absence of consent.

How is Forced Marriage Different from Arranged Marriage?

Both types of marriage are very common today, and what distinguishes both is consent. In forced marriage, the child is under pressure to consent, while in arranged marriage, consent comes freely from the children. In arranged marriage, the parents are involved in selecting partners, for example, a business associate, family friend, childhood friend and bringing him/her to the awareness of the child. It is up to the child to decide if they will consent marrying such a partner or not. There is absence of pressure of any kind, in arranged marriage.

What is the Position of the Law in Forced Marriage?

It must be noted that, forced marriage is a form of abuse against women, men and children. It involves emotional, psychological, physical, financial and even sexual abuse. The United Nations recognises it as a form of human abuse, the Universal Declaration of Human Rights states that the right of a person to choose a spouse and enter a union freely, is central to their life, dignity and equality as human beings.

In Nigeria, Section 13 of the Violence Against Persons (Prohibition) Act 2015 (VAPP Act), clearly criminalises and declares forced marriage as a harmful traditional practice which is unlawful. The Constitution of Nigeria clearly provides for the Right to Personal Liberty, Dignity of the Human Person, Right to Freedom of Thoughts, Conscience and Religion; these are fundamental rights of every Nigerian citizen, and forced marriage is a violation of these rights. Section 3(d) of the Matrimonial Causes Act provides that a marriage will be void where consent was not obtained, or wrongly obtained. In the case of Dr. Osadiaye Osamwonyi v Itohan Osariere Osamwonyi, the Supreme Court emphasised the necessity of consent by parties, for a marriage to be valid.

The Child Rights Act 2003, in Section 21, also criminalises child marriage where it declares such marriage, null and void. The major problem is that, some States are yet to adopt the Child Rights Act as laws in their States. For more on child marriage, see my article on child marriage https://barristerng.com/child-marriage-in-nigeria-by-success-oghosa-osasogie/

What is the Way Out for Victims?

Victims can seek enforcement of their fundamental rights, as forced marriage is a breach/violation of the Right to Personal Liberty, Dignity of Human Person, Right to Freedom of Thoughts, Conscience and Religion which can be enforced in the law court. Also, under the Matrimonial Causes Act, absence of consent is a ground for a void marriage. An action can be maintained under the Child Rights Laws of the various States. This will apply, only where States have ratified the Child Rights Act.

Conclusion

There is still a lacuna in our laws regarding forced marriage. Some Northern States are yet to ratify the Child Rights Act, and most times, cases of forced marriage come from this region. The VAPP Act which criminalises forced marriage, is not enforceable in States yet to ratify the Act. The issue of betrothal is still practiced in some areas, and this should be condemned. Marriage is a union between two consenting adults; an adult should not be put under duress just to consent to marriage. A child should not be forced into a marriage, just because consent of parents has been obtained as required under the Marriage Act (Section 18). A child is not capable of consenting to marriage, and consent from parents as valid consent, should be discouraged. Child marriage is a form of forced marriage.

Success Oghosa Osaretin