In a landmark judgment delivered by Honourable Justice O. J. Awope of the Ikeja Judicial Division, Lagos State, a statutory marriage was nullified due to its contradiction with an earlier Islamic marriage conducted by the couple.>>>CONTINUE FULL READING HERE....CONTINUE READING THE ARTICLE FROM THE SOURCE
In the case of Kasim Ibraheem Oluwadare v. Kasim Sherifat Morenike, the petitioner sought a decree of nullity for the statutory marriage contracted at the Ikorodu Local Government Marriage Registry on October 3, 2013. The petition filed on behalf of the petitioner by his counsel Saheed Akinola Esq., highlighted the couple’s lack of comprehension regarding the legal implications of the statutory marriage, undertaken primarily for travel purposes.
Grounds for Nullity
The petitioner contended that both he and the respondent were unaware that the statutory marriage could potentially invalidate their existing Islamic marriage. The couple, devout Muslims, were under the impression that the statutory marriage was merely a formality required for their travel abroad. This misunderstanding, coupled with their strong adherence to Islamic marital principles, formed the basis of their petition for nullification.
The court examined the evidence presented, including the Islamic marriage certificate dated July 7, 2013, and the statutory marriage certificate from October 3, 2013. Mr. Oluwadare’s testimony underscored the couple’s initial Islamic marriage and their subsequent statutory marriage, which they believed was necessary for their travel plans.
Legal Arguments
Petitioner’s counsel, Saheed Akinola Esq., presented three key issues for determination:
1. Validity of the Statutory Marriage: Given the couple’s lack of comprehension regarding its legal implications and its impact on their existing Islamic marriage.>>>CONTINUE FULL READING HERE
2. Consent to Marriage Contract: Whether the absence of complete knowledge about the statutory marriage’s legal consequences undermined their consent.
3. Freedom of Religion: Whether the parties, under their freedom of religion, could nullify a statutory marriage conflicting with their religious beliefs.
Saheed Akinola esq argued that the statutory marriage was null and void due to the couple’s deficient understanding of its nature and legal consequences. He emphasized that the Marriage Act requires full consent and comprehension of the marriage contract, referencing Section 3 (1) (d) (ii) of the Matrimonial Causes Act, 1970. He further argued that upholding the statutory marriage would contravene the couple’s constitutional right to freedom of religion, enshrined in Section 38 (1) of the 1999 Nigerian Constitution.
Court’s Decision
Justice Awope, in his judgment, affirmed that the principle of law governing the nullification of marriage is outlined in the Matrimonial Causes Act 1970. He acknowledged that the couple’s entry into the statutory marriage was based on a mistaken understanding of its necessity for travel purposes, not realizing its potential to invalidate their Islamic marriage.
The court recognized the validity of the initial Islamic marriage and noted that the statutory marriage was entered into under a misguided notion, rendering it void ab initio. The judgment emphasized that any agreement violating statutory provisions and circumventing legislative intent is illegal, null, and void, citing relevant case law.
In conclusion, the court pronounced a decree of nullity for the statutory marriage contracted between the parties on October 3, 2013, declaring it void due to the couple’s misunderstanding of the ceremony’s nature.
Implications
This judgment reaffirms the importance of comprehension and consent in marriage contracts and underscores the recognition of religious marriages under Nigerian law. It also highlights the constitutional right to freedom of religion, allowing couples to align their marital unions with their religious beliefs. The decision sets a precedent for similar cases where statutory marriages may conflict with existing religious unions, ensuring that the parties’ intentions and beliefs are duly respected.>>>CONTINUE FULL READING HERE
