A CRITICAL APPRAISAL OF THE CONCEPT OF DOUBLE-DECKER MARRIAGE UNDER THE NIGERIAN LEGAL SYSTEM

ABSTRACT In Nigeria, it is now normal for parties who want to enter into a statutory marriage to first get married under customary law before the solemnization of the statutory marriage. Although Western civilization and culture have influenced Nigerian society, most people even the most intellectual ones understandably believe that they are bound by the customary law of their place of origin, which may help to explain this practice. By allowing those who are already married under customary law to get married under the statute, the Nigerian Marriage Act has given validity to this practice. This practice prompts certain legal questions. It is unclear if the last customary-law marriage is completely superseded by the statutory marriage, or if the customary law marriage is only put on hold until the formal marriage has ended. And whether the two marriages coexist is a different question. This research employs a doctrinal research approach, which includes a review of relevant literature, case studies, and as well as legal frameworks such as the 1999 Constitution of the Federal Republic of Nigeria, the Marriage Act of 2004 and the Matrimonial Causes Act, and also judicial provisions. This research aims to examine the concept of Double-decker marriage, to investigate the legal frameworks surrounding double-decker marriage in Nigeria, to examine into the two types of marriage that constitutes double-decker marriage, the history of double-decker marriage and the reasons and to identify the consequences that can arise from contracting a double-decker marriage in Nigeria. This research concludes with a set of recommendations aimed at improving the legal framework on double-decker marriage in Nigeria. These recommendations include public education and awareness about the reality that a customary-law marriage is really a legal marriage. It is just as significant as the statutory marriage. They will be sufficiently informed by this awareness to understand that statutory marriage is simply one of the two types of marriage that are legally permitted in Nigeria. Also, the Marriage Act needs to be amended by legislators to more clearly state that couples must choose which of the systems to enter into for their marriage in order to resolve the issues of double-decker marriages. Overall, this research work will be an invaluable contribution to the development of law as far as double-decker marriage is concerned.