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(Un)Recognition of Christian Marriages: Implication for Human Rights Development in Nigeria

Abstract

Marriage celebration remains an important ritual that inducts couples into independent family life in Nigeria. Four forms of marriage celebration are popularly celebrated in the country: Islamic marriage, traditional or customary marriage, Christian marriage and statutory marriage. However, of the four, only Christian marriage is less recognized in terms of Nigerian law, except where the Christian worship place is statutorily licensed. This restriction raises some questions: to what extent can a state determine the validity of a religious marriage? Does a religious marriage constitute a manifestation of religious freedom? Is requiring religious institutions to seek approval before conducting marriage a legitimate limitation to the right to religious freedom in Nigeria? These, among other questions, are what this article evaluates to determine the constitutionality or otherwise of the (un)recognition of marriage celebrated in a church building in Nigeria unless the building is licensed. The article adopted a doctrinal research approach and critically reviewed statutes, judicial decisions and scholarly writings.

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