THE PLACE OF BRIDE PRICE “IME EGO N’ISI NWANYI” AS THE CRUX OF A VALID CUSTOMARY MARRIAGE CONTRACT IN ENUGU NORTH SENATORIAL ZONE OF ENUGU STATE UNDER CUSTOMARY LAW PRACTICES

  • Home/
  • THE PLACE OF BRIDE PRICE “IME EGO N’ISI NWANYI” AS THE CRUX OF A VALID CUSTOMARY MARRIAGE CONTRACT IN ENUGU NORTH SENATORIAL ZONE OF ENUGU STATE UNDER CUSTOMARY LAW PRACTICES

THE PLACE OF BRIDE PRICE “IME EGO N’ISI NWANYI” AS THE CRUX OF A VALID CUSTOMARY MARRIAGE CONTRACT IN ENUGU NORTH SENATORIAL ZONE OF ENUGU STATE UNDER CUSTOMARY LAW PRACTICES

Onah, Hyginus Chinweuba, PhD1, Nwodo, Amechi Joseph, PhD2, & B. L. Igwe3
123Department of Legal Studies, Institute of Management and Technology, Enugu

Abstract
This work delves into the complexities surrounding the practice and legal understanding of marriage customs among the Ndi Nsukka community in Enugu State, Nigeria. Central to this investigation is the role of the bride price, locally known as “ime ego n’isi nwanyi,” in validating customary marriages. The study posits that in Ndi Nsukka culture, as in much of Africa, marriage is not just a union between two individuals but between families and their ancestors. As a result, parental and ancestral consent is often required, and marriages contracted without such approval are deemed illegitimate or equivalent to mere friendships. The payment of the bride price is cited as a “sine qua non” for the marriage to be recognized. Legal cases like Agbeja v. Agbeja clarify that eyewitness accounts of the transaction are crucial, with the burden of proof lying on the party claiming payment was made. Once paid, the couple acquires substantial conjugal rights, including the surname change for the bride. The importance of the bride price extends to cases of marital discord. Either party can bring the matter to court if there are questions about whether the bride price was paid in line with traditional requirements. However, the study also discusses the influence of external factors like Christianity and “jet age civilization” on these customs. While pointing out that the law accommodates individuals’ rights to leave a marriage, it emphasizes that there must be evidence that a valid marriage existed in the first place. The work is qualitative, relying on secondary sources and legal citations for its arguments. It concludes that in the absence of a paid bride price, no marriage can be said to have occurred in the customary sense. The study also highlights the particular vulnerabilities of women in these marital arrangements. Noting that women are often considered weaker and more susceptible, the study stresses the need for special attention to women’s rights within the marriage context. Various forms of Nigerian law, be it Statutory, Customary, or Islamic, are noted to explicitly recognize these rights.

Keywords: The Place of Bride Price; Ime Ego N’isi Nwanyi; Customary Marriage Contract; Ndi – Umunna; Marxist Perspective; Osu Cast System

Citation
Onah, H. C., Nwodo, A. J., & Igwe, B. L. (2023). The place of bride price “ime ego n’isi nwanyi” as the crux of a valid customary marriage contract in Enugu North Senatorial zone of Enugu State under customary law practices. International Journal of Philosophy and Law, 4(1), 15-29 https://doi.org/10.5281/zenodo.8314685  
FULL PDF
Categories: