Customary Law Marriage among Igede People: Women and Human Rights

Abstract

Generally, marriage can be defined as a voluntary union between a man and a woman (or women in the case of customary marriage) for life to the exclusion of any other. In other words, it is a legal union which exists between a man and a wife or wives. The phrase is acceptable world over and it is usually legally recognised. In Nigeria, although there exists statutory marriage which is monogamous in nature, the most prevalent type of marriage is customary marriage. This marriage is practiced among all the tribes in Nigeria including the Igede people despite the fact that there exists statutory marriage. One thing that is pertinent here is that the practice of this customary marriage in Nigeria especially among the Igede people has violated the human rights of women to marriage. Women in customary law marriage in Igede land have not enjoyed their human rights. This is due to the practice of certain customs and traditions which form great inhibition. Among the few of them are: undue reliance on parental consent before a marriage can take place, compulsory genital mutilation for the marriage, not having the right to bring an action for the dissolution even if the other party commits adultery, and not having the right to plant certain crops unlike the male counterpart. As a result of the above (and even many more) an Igede woman is deprived of her human rights as soon as she is married. This work seeks to examine these practices which stand as hindrance to the rights of a married woman in Igede land and therefore suggests that Igede women should be allowed to enjoy their basic human rights (even as married women) just like their male counterparts. And also, the practice in other climes where women enjoy their human rights within Nigeria and outside Nigeria should be imbibed in Igede land.