INTRODUCTION
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The deadly Coronavirus (Covid-19) has led to restrictions in public gatherings and events over the past weeks. As a means to curtail the spread of the virus, the Federal Government of Nigeria ordered a lockdown of activities (Except for few essential services) in some States of the country.
It was observed that a number of intending couples who have already scheduled their weddings but could not proceed with same due to the lockdown decided to make due the Virtual medium available at their disposal to still proceed with the solemnization of their marriages using the online platforms such as Zoom, Instalive, Webex meeting etc. Some of these virtual solemnizations took place with the groom, bride and the officiating minister in different states of the Federation or the bride and groom in their home and the minister also solemnizing the marriage from his own home.
However, considering the provisions of the law regulating the celebration of a valid marriage in Nigeria, can we say that such virtual marriages can also be recognize as a valid Statutory marriage in Nigeria? Were the couples being smart by opting for such an option? Let’s find out the requirement of the law with respect to celebration of statutory marriage as enshrined in the Marriage Act.
CELEBRATION OF MARRIAGE UNDER THE MARRIAGE ACT
By virtue of the provision of section 21 of the Marriage Act, a marriage can only be celebrated in a licensed place of worship or the marriage registry. The section provides thus:
“Marriage may be celebrated in any licensed place of worship by any recognized minister of the church, denomination or body to which such place of worship belongs, and according to the rites or usages of marriage observed in such church, denomination or body: provided that the marriage be celebrated with open doors between the hours of eight O’ Clock in the forenoon and six O’ Clock in the afternoon, and in the presence of two or more witnesses besides the officiating minister”. (emphasis mine)
Going by the above quoted provision, it is doubtful if the drafters of the law contemplated an online or virtual celebration of marriage in Nigeria. From the wording of the section, it suggested that marriage celebration may only be conducted in a physical building with an open door.
One may be tempted to assume that such couples who decided to celebrate their marriage online might have obtained the license of the Minister under section 13 of the Act, this is also doubtful because the marriage registry and the office of the Minister did not fall under the exempted essential service workers during the lockdown, thus in my view, such license could not have been issued by the Minister during the lockdown since offices were closed down except for those providing essential services. Section 13 of the Act stated that;
“The Minister upon proof of being made to him by affidavit that there is no lawful impediment to the proposed marriage, and that the necessary consent, if any, to such marriage has been obtained, may, if he shall think fit, dispensed with the giving of notice, and with issue of the certificate of the registrar, and may grant his license, which shall be according to prescribed form, authorizing the celebration of a marriage between the parties named in such license by a registrar, or by a recognized minister of some religious denomination or body.”
To buttress the provision of Section 21 above, section 23 of the Act went further to provide thus:
“A minister shall not celebrate any marriage except in a building which has been duly licensed by the Minister, or in such place as the license issued under section 13 of this Act, may direct.” (emphasis mine)
The above section in fact makes it obvious that marriage may only be celebrated in a building by prohibiting a minister from celebrating a marriage except in a building which is licensed or such a place directed by the Minister.
In some jurisdiction across the world, the government issued executive orders during the lockdown to allowed and recognized the celebration of such virtual marriages as valid.
In March, Indonesia, created online marriage registration, although the service is only for those who got married and applied for registration before the remote working policy. Andrew Cuoma, the Governor of New York also issued an executive order allowing couples to obtain marriage license remotely and allowing clerks to perform the ceremonies via video conference. Same applies to the United Arab Emirate.
However, no such orders or policy was made here in Nigeria to address this particular issue therefore allowing couples to make such decisions for themselves.
STATUS OF ONLINE MARRIAGES IN NIGERIA
Section 33 (2) (a) of the marriage Act provide thus;
“A marriage shall be null and void if both parties knowingly and willfully acquiesce in its celebration in any place other than the office of the Registrar of marriage or a licensed place issued under section 13 of this Act”. (emphasis mine)
Flowing from the above section, virtual marriages celebrated in Nigeria may not be recognized as valid marriage under the law because of its failure to comply with the provisions of the Marriage Act as to the place and manner of celebration except the Minister has granted license for such a marriage to be celebrated virtually (such licensed virtual marriage platform has to be gazette in accordance with section 6 of the Act).
However, the said virtual marriage can still maintain a valid status if and only if the parties can show ignorance of the fact that they were not aware that such online celebration is not recognized by law. To invalidate a marriage on the ground that it was not celebrated at the Registrar’s office or licensed place by the Minister, the element of ‘Knowledge and Willingness’ has to be established.
The act provides that the parties must have “knowingly and willfully” acquiesce to the celebration in such unrecognized place. In the case of Obiekwe v. Obiekwe (1963) 7 ENLR 196 the court did not declare a marriage null and void because the court found that the couple did not knowingly and willfully acquiesce in marriage without the requisite license. See also the case of Akuwudike v. Akuwudike (1963) 7 ENLR 5.
CONCLUSION AND RECOMMENDATIONS
Times has change and I believe our laws should also move with time. As seen from the provision of our law, celebration of Online/virtual marriages was not contemplated and that tend to invalidate any such marriages celebrated outside the specified and authorized places of celebration.
The coronavirus pandemic has exposed some lacuna in our laws which the Marriage Act is also a victim of. We have to accept the new changes that technology has introduced to us such as Online/Virtual marriages and adjust our laws to recognize and accept them as a valid celebration of marriages in Nigeria.
However, pending when the marriage act will be reviewed to incorporate virtual marriages, the Minister can license certain recognized online platform as a recognized place for celebration of marriage.
For the couples who might have celebrated their marriages during the lockdown virtually without a license, the status of the marriage is now based on their knowledge and willful acquiescence to such a celebration. As seen in the cases cited above, the marriage can still be valid if the court is satisfied that the parties did not knowingly and willfully acquiesce to it.
Written by; REAL DENNIS ESQ. (LL.B, BL), realdanieldan@gmail.com
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