Nigerian Legislation

Arrangement of Sections

An Act to validate certain marriages celebrated in the Western, Eastern and Northern States of Nigeria between 1^st January 1954 and the commencement of this Act, which were considered to be of doubtful validity.

11^th August, 1971

1.     Subject to this Act all marriages purporting to have been celebrated under the Marriage Act between 1^st January 1954 and the coming into operation of this Act in that part of Nigeria which on the date first mentioned formed part of Western Nigeria and which would have been valid if celebrated-

(a)     in duly designated marriage districts;

(b)     before duly appointed registrars of marriages and

(c)     in duly appointed marriage offices

shall be deemed always to have been valid in law as if they had been celebrated with the due observance of the requirements of the law.

2.     Subject to this Act, all marriages purporting to have been celebrated under the Marriage Act between 1st January, 1961 and the coming into operation of this Act in that part of Nigeria which on the date first mentioned formed part of Northern Nigeria shall be and be deemed always as valid as they would be if-

(a)     the certificate of notice of the marriage or the grant of the licence to marry, as the case may be, issued or granted under section 11 or 13 respectively of the Marriage Act in respect of each marriage was issued or granted by the proper person having authority to issue such certificate or grant such licence;

(b)     in the relevant cases, the public officer who celebrated the marriage was the proper registrar of marriages to celebrate it; and

(c)     the office or the place of public worship, as the case may be, in which the marriage was celebrated was the place in which it could legally be celebrated.

3.     Subject to this Act, all marriages purporting to have been celebrated under the Marriage Act between 30th May, 1967 and the coming into operation of this Act in the East-Central, Rivers and Central, Rivers and South-Eastern States and which would have been valid if celebrated-

(a)     in duly designated marriage districts;

(b)     before duly appointed registrars of marriages; and

(c)     in duly appointed marriage offices,

shall be and be deemed always to have been valid in law as if they had been celebrated with the due observance of the requirements of the law.

4.     The certificates in respect of marriages to which this Act relates and entries thereof in any marriage register book or copies of such certificates or entries shall be received in all courts as evidence of such marriages to the same extent as similar certificates, entries or copies in the case of marriages duly celebrated under the Marriage Act are by law receivable in evidence.

5.     Nothing in this Act shall-

(a)     apply to any moslem marriage or customary law marriage;

(b)     render valid any marriage if before the coming into operation of this Act-

(i)     the marriage has been declared invalid by any court of competent jurisdiction, or

(ii)     either of the parties to the marriage has during the life of the other, lawfully married any other per-son; or

(c)     affect any right dependent before the coming into operation of this Act on the validity of the marriage.

6.     (1)     This Act may be cited as the Marriages (Validation) Act and shall apply throughout the Federation.

(2)     The following enactments, that is to say-

(a)     the Marriages in Western Nigeria (Validation) Act 1962 and

(b)     the Marriages in Northern Nigeria (Validation) Act 1965 are hereby repealed.