Parental Consent is Required if Under the Age of 21

Where either party to a statutory marriage, not being a widow or a widower, is under twenty-one years of age, he or she must obtain the written consent of the hither. But if the hither is dead or of unsound mind or absent from Nigeria, the mother may give the necessary consent. Where both parents are dead or are of unsound mind or absent from Nigeria, the guardian of the minor can give the consent.

The written consent is to be signed by the person giving it. If the parent or guardian cannot write or is an illiterate, he may affix his mark to the document in the presence of a high court judge, or a magistrate, or a registrar, or person of similar status. If there is no parent or guardian of such party residing in Nigeria and capable of consenting to the marriage then the consent may be given by a state governor, or a high court judge, or any officer of or above the grade of assistant secretary in the civil service.

It is important to determine whether parental consent is necessary for the celebration of valid statutory marriage. This point, came up squarely for decision in Agbo v Udo. The plaintiff contracted a statutory marriage with his wife. He later petitioned the court for the dissolution of the marriage on the ground of his wife's adultery with a co-respondent. The co-respondent contended that the wife was a minor at me time the marriage was celebrated, and that no parental consent was obtained, as required by the law. Consequemly, there was no valid marriage between the applicant and his wife which the court might dissolve. It was held that notwithstanding the absence of parental consent the marriage was valid under Section 33(3) of the Marriage Act.

While the absence of parental consent does not vitiate the marriage, it is an offence punishable with two years' imprisonment for any person fully aware of the absence of such consent to marry or to assist or procure any other person to marry the minor.