There is no principle of customary law which requires the recording of customary law marriages. On the other hand, the various steps leading up to and including the marriage itself are marked by public ceremonies which, to some extent, provide evidence of die marriage. The value of such evidence is severaly diminished because il places reliance on the memory of persons who witnessed or participated in the ceremonies. With the passage of time such memory becomes dim and unreliable.

Moreover, if such witnesses die, their knowledge of the event will be lost to future generations. Efforts have been made in various parts of the country to provide for the registration of customary law marriages. The Local Government Laws in most states of the federation authorized local authorities to make by-laws for the registration of customary law marriages within their respective jurisdiction. Some of the by-laws do not make registration compulsory nor prescribe any penalty for failure to comply with its requirements.

On the other hand, by-laws in other parts of the country provide for compulsory registration and or sanctions. For instance, the Registration of Marriages Adoptive By-laws Orders, 1956 which applies in those parts of Lagos, Ogun, Oyo, Ondo and Bendel States where the by-laws have been adopted requires a customary law husband to register the marriage within one month of its celebration. The registrar in this respect is a person appointed by a local government authority to register customary law marriages. The registration is effected in the proper books of the Local Government. Any person may on the payment of the appropriate fees inspect or make copies of the contents of the marriage register. Failure to attend before a Registrar or to supply the details of the marriage is an offence punishable, on conviction, by a fine of four Naira. Again, section 2(e) of the Native Authority (Declaration of Tiv Native Law and Custom) Order, 1955 provides that a marriage according to Tiv Native Law and Custom between two members of the Tiv tribe is valid if inter alia it has been registered by a native court.

In Ashiv Agbende, it was held that non-registration of the customary law marriage in question in accordance with section 2(e) of the Declaration rendered it invalid The overall picture of efforts to register customary law marriages is unsatisfactory. First, there is no systematic and compulsory system of registration in some parts of the country. Second, even in those areas where the Local Government authorities are empowered to make by-laws on registration of marriages, the exercise of that power is optional. The result is that a large number of Local Governments have not yet made any by-law in this respect.

Third, where by-laws for registration are in force, the resulting record may be of doubtful validity because the Registrar can only record such particulars of the marriage as are supplied to him. He does not record facts which are either within his personal knowledge or certified as true in a certificate. It is hoped that an efficient and compulsory system for the registration of customary law marriages will eventually be devised and adopted throughout the country. The existence of such a system would help to clarify the point at which marriage is established. It would also solve (he problems arising from the present requirement of strict proof of customary law and marriage.