“Your church wedding does not make any sense to Law.” BY: Dr. Ninnah Ninnah ESQ
It’s a total waste of resources if you take it to be legally sufficient unless it falls under the
ambiance of the place of worship licensed and by a minister authorized to conduct
wedding celebration.
Pursuant to: –
Marriage Act, Chapter 218, Law of the Federation of Nigeria 1990,
Matrimonial Causes Act chapter 220, Laws of the Federation of Nigeria 1990,
Section 30 Marriage Act on solemnization and registration of marriages in Nigeria.
L.N 131 of 1954
L.N 112 of 1964
In Nigeria, a church wedding is not sufficient to make a marriage legally recognized by the
government. A separate civil ceremony is required to obtain a marriage certificate and
make the marriage legally binding or a registration in a local government office.
According to the Marriage Act in Nigeria, a marriage must be solemnized by a recognized
authority, such as a registrar of marriages, in a licensed place of worship, or in a local
government office with ministers who are authorized by law to conduct marriage
ceremonies.
The recognized authority will issue a marriage certificate after the ceremony, which is a
a legal document that proves the marriage has been legally contracted.
However, if couples have a church wedding in Nigeria, they must also have some sort of
registration with the appropriate government agency. Their marriage may be registered at
the local or federal government office even if they do not want to do a court wedding.
There are churches like the Catholic and Anglican who had long ago set strict procedures in
place for a licensed wedding ceremony amongst her faithful, thereby helping them in
getting recognized licensed certificates from the federal government in the various
jurisdiction where her church resides.
To make your church wedding legally binding in Nigeria, the couple must ensure that it is a
church or religious place that is registered as an authorized place of marriage- celebration.
[which is different from being registered as an authorized place of worship ] and obtaining a
marriage certificate from the government.
The marriage certificate from the government to the church serves as proof that the
marriage has been legally contracted and is recognized by the government, conducted by
an authorized minister in a licensed place.
Invariably, the church wedding is not totally void, the married couples should take a step
further to register the wedding with the appropriate government agency because a simple
church wedding that falls below the requirement of the law is not sufficient to make a
marriage legally binding in Nigeria.
In the event of a dispute or legal case involving a marriage that was only conducted in a
church without proper adherence to the requirement stipulated by the Marriage Act or a
civil ceremony or government registration shall not be recognized as legally binding.
This means that couples who did such marriages shall not be held liable for Bigamy or any
other related matrimonial causes if they fall short of legal recognition.
The court would likely require proof that the marriage was legally contracted in
accordance with the Marriage Act in Nigeria and conducted by a recognized authority.
It’s important for couples in Nigeria to make sure that they comply with the legal
requirements for marriage, including having a civil ceremony or church wedding or
Traditional wedding by the head or authorized family member in the presence of witnesses
and obtain a marriage certificate if possible.
The Marriage Act provides the legal framework for the solemnization and registration of
marriages in Nigeria. Section 30 of the Marriage Act requires that every marriage in
Nigeria must be contracted before a registrar of marriages or a recognized minister of a
religious denomination and in the presence of two witnesses. The Act also requires that the
marriage must be registered with the appropriate government agency to make it legally
binding.
The Matrimonial Causes Act, on the other hand, governs the legal procedures for dissolution
of marriages in Nigeria, including divorce, judicial separation, and nullification of marriage.
It is also important for couples to be familiar with the Marriage Act and other relevant laws
and regulations in Nigeria to ensure that they comply with the legal requirements for
marriage and avoid any legal issues or complications that may arise in the future.
Although in some countries, a church wedding (also known as a religious wedding) has
legal backing and can serve as a legally binding marriage ceremony. However, in other
countries, a separate civil ceremony or registration may be required to make the marriage
legally recognized by the government.
For example, in the United States, a church wedding can be legally binding if the officiant is
authorized by the state to perform the marriage. However, in some states too in America, a
separate civil ceremony or registration may be required in addition to a church wedding
for the marriage to be recognized by the government.
It’s important to check the laws and regulations in your specific country and region to
determine if a church wedding alone is legally sufficient or if a separate civil ceremony is
required.
Moreso this article is for you to know the church you are walking into for a marriage
ceremony and its inadequacies unless such church ceremonies are just for the pleasure of it
and for self-gratification.
It’s usually a simple process that involves obtaining a marriage license from the
government and having a civil registration by a government official or authorized minister.
Cases in Nigeria Church Wedding
There have been several court cases in Nigeria that have addressed the issue of the legality
of marriages conducted solely in a church without a civil ceremony or licensed government
registration.
In these cases, the courts have consistently held that a marriage conducted only in a church
without a civil ceremony is not legally binding.
For example, in the case of Abiri v. Abiri (2018) 17 NWLR (Pt. 1642) 289, the Nigerian
Court of Appeal held that a marriage conducted only in a church without a civil ceremony
was not valid and could not be recognized as a legal marriage.
Similarly, in the case of Ogunwumiju v. Ogunwumiju (2004) 10 NWLR (Pt. 880) 1, the
Nigerian Supreme Court held that a marriage conducted solely in a church without a civil
the ceremony was not a valid marriage under Nigerian law.
These cases serve as precedents that establish the legal principle that a church wedding
alone, without a civil ceremony and registration, is not legally binding in Nigeria.
Therefore, it’s important for couples in Nigeria to comply with the legal requirements for
marriage, including having a civil ceremony and obtaining a marriage certificate in a place
of worship authorized to conduct wedding ceremonies, to ensure that their marriage is
legally binding and recognized by the government.
Read through these Points for a clearer understanding of what is required of your
churches.
- Places of worship to be licensed for the celebration of marriages:-
The minister may license any place of public worship to be a place for the
celebration of marriages and may at any time cancel such license, in any case, he
shall give notice in the federal government gazette. - Every place of worship must be licensed under the enactment of the Marriage Act, Laws
of the Federation of Nigeria. - Such license must be obtained from the government with affidavits that there are no
legal impediment to the proposed marriage and that the necessary consent has
been obtained, may, if the government deems fit, dispense with a given notice, and
with the certificate of the registrar, and may grant his license, which shall
according to Form D in the first schedule, authorizing the celebration of a marriage
between the parties named in such license by a registrar to be conducted in a
recognized religious denomination or body [ 1 of 1958. L.N of 1955. L.N 112 of 1964.
First schedule Form D, 13 of M.A] - No religious leader should conduct a wedding without consent from the parents of
the parties of the guardian.
If there is no parent or guardian consent either because of their unavailability or
whatsoever, then any of these people may in writing upon being satisfied after due
inquiry that the marriage may go ahead if it is proper [14, 1932, L.N. 47 of 1955. L.N
112 of 1964]
- A Governor
- A Judge of the state or FCT
- Any officer of or above the grade of assistant secretary.
5. The marriage in the church or religious place must be celebrated with open doors
between the hour of 8am till 6pm.
6. The wedding must have two or more witnesses besides the officiating minister.
7. Please note that a registered religious place of worship is NOT the same as a
licensed place to conduct a wedding. Most religious places are registered as NGOs or
simply a place of worship.
For a church to be able to conduct weddings, they must register and be given a license to
conduct weddings under the Matrimonial Cause Act.
- After being Licensed, the government shall give the place of worship the certificate
from the Federal government which is a sign of an authorized wedding and by a
recognized minister. - A minister shall not celebrate any marriage except in a building that has been duly
licensed by the Minister of state or in such a place as a license issued under section 13
of the Act may direct. L.N of 1955 - A copy of your certificate shall be printed and delivered to the Registrar, likewise
the counterfoils of all the weddings conducted must be returned to the registrar of
the state where the place of worship resides with information on the parties, date,
time, address, and witnesses. - Your church certificate that was printed in the business center cannot suffice as a
legal certificate as well as your wedding in church unless it is backed up with
the licensed certificate is given by the government. - The licensed certificate has a symbol of the federal government. Form E
- A good minister must ensure that the intended couples must have satisfied
everything necessary, locally, and traditionally before coming to church. - It is advised that the traditional bride price ceremony or traditional approval visits
should take place before coming to church, this to Africans/Nigerians symbolizes
parental consent. - A traditional wedding is recognized by law vis customary court as binding but must
be conducted before witnesses and officiated by authorized family members and can
stand alone as binding. - A church minister who is bribed to conduct wedding ceremonies with knowledge of
impediments have committed a crime. - The minister or court has the right to request a medical examination before a
wedding ceremony. - A wedding conducted in a licensed place of worship without an authorized minister
is a voidable wedding or an authorized minister who conducted the wedding in an
unauthorized building or place is a voidable wedding. - An authorized Minister, in a licensed place of worship who conducted a wedding
ceremony in a different manner NOT authorized by the body of the church and her
principles or doctrine is a voidable wedding. - The certificate “Form E” obtained from an authorized place of worship is equal to
the certificate obtained from a civil ceremony conducted by a court registrar.