Dowry, commonly referred to as bride price in many parts of Nigeria, is a longstanding cultural practice observed during traditional marriage ceremonies. While it remains an important aspect of customary marriages across several ethnic groups, questions often arise over whether the Nigerian Constitution recognises, regulates or mandates dowry payment.
Does the Constitution Mention Dowry?
The Constitution of the Federal Republic of Nigeria, 1999 (as amended) contains no provision that regulates, prescribes or fixes the payment of dowry or bride price. It does not stipulate how much should be paid, who should pay it, or make dowry payment a constitutional requirement for marriage.
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Instead, the Constitution guarantees fundamental rights, including the right to private and family life, freedom of thought, conscience and religion, and freedom from discrimination. These rights allow individuals and communities to practise their cultural traditions, provided such practices do not conflict with the Constitution or any other law.
What law governs dowry payment?
Dowry payment is governed primarily by customary law, which varies among Nigeria’s ethnic groups and communities. Each community determines its own traditions regarding whether a bride price should be paid, the amount or items required, and the procedures for negotiating and presenting them.
For example, the customary requirements for marriage among the Yoruba may differ from those of the Igbo, Hausa, Tiv, Efik and other ethnic nationalities.
Under many Nigerian customary laws, payment of a bride price is regarded as one of the essential requirements for a valid customary marriage. However, this obligation arises from the customs of the relevant community, not from the Nigerian Constitution.
Where the recognised customary requirements are not fulfilled, the validity of the marriage under customary law may be affected, depending on the applicable customs and judicial decisions.
Can the government fix the amount of dowry?
There is no federal law that prescribes a uniform amount for dowry payment across Nigeria.
From time to time, some state governments, traditional rulers or community leaders have introduced guidelines aimed at discouraging excessive bride price demands. Such measures are based on local customs or administrative decisions and are not constitutional provisions.
Although customary law is recognised in Nigeria, it is not absolute. Where a customary practice violates constitutional rights or is found to be contrary to public policy, natural justice, equity and good conscience, the courts may declare it unenforceable.
Legal experts react
To provide legal clarity on the issue, Tribune Online spoke with family law practitioners, who unanimously agreed that the Nigerian Constitution does not regulate dowry payment and that the practice remains a matter of customary law, adding that the amount of dowry payable is determined by the bride’s family in accordance with applicable customs, and not by any provision of the Constitution or any federal statute.
A Lagos-based legal practitioner, Barr. (Dr.) Monye Christabel, explained that the only marriage expressly governed by statute is a marriage celebrated under the Marriage Act, commonly referred to as a court wedding.
According to her, issues relating to dowry, including its payment and return, fall exclusively under customary law, which is largely unwritten and varies from one community to another.
“The law that regulates marriage and is codified is the one celebrated under the Marriage Act. Every other aspect, including dowry and the return of dowry, is regulated by customary law, and customary law is generally not written,” she said.
She noted that while communities usually have standard marriage lists or customary rites that every intending couple must fulfil, the actual amount payable as dowry is left entirely to the bride’s family.
“There is no law that says dowry must be a particular amount. A father may decide to collect N10, another may ask for N100,000, while another may request much more. It is entirely a family decision, not something fixed by law,” she explained.
She further explained that because customary law is rooted in tradition and differs across ethnic groups, there is no nationwide legal provision prescribing a uniform bride price.
According to her, the Matrimonial Causes Act, which governs statutory marriages and divorce proceedings, does not prescribe or regulate dowry payment. However, in divorce proceedings involving parties who contracted both customary and statutory marriages, courts may require evidence that the customary marriage has been dissolved, including the return of the bride price where the applicable custom requires it.
“The law does not regulate how much dowry should be paid. It is determined by the family and their custom,” she added.
Another family law practitioner, Barr. Amina Idris, said dowry remains one of the essential requirements for a valid customary marriage where the applicable native law and custom make it mandatory.
She explained that, apart from the consent of the parties and their families where required, legal capacity to marry, and the performance of traditional marriage rites, payment of the bride price is often one of the conditions recognised under customary law.
“There is no provision in the Constitution of the Federal Republic of Nigeria, 1999 (as amended), that regulates the payment of dowry, and there is no single statute of general application governing it throughout Nigeria,” she said.
According to Idris, the applicable customary law of the bride’s community determines the amount, items and procedures required, meaning practices differ from one ethnic group to another.
She stressed that bride price should not be viewed as the purchase of a woman but as a symbolic gesture demonstrating respect to the bride’s family and fulfilling customary requirements.
“In many Nigerian communities, a customary marriage is regarded as incomplete until the prescribed bride price has been paid or accepted in accordance with the applicable custom,” she explained.
She cited the Court of Appeal decision in Mrs. Bridget Motoh & Anor v. Emmanuel Motoh (2010), which reaffirmed that for a customary marriage to be valid, the essential ingredients prescribed by the applicable native law and custom—including payment of bride price where required—must be established by credible evidence.
Idris added that where a particular custom requires payment of a bride price, failure to comply could affect the validity of the marriage unless the requirement has been waived in accordance with that custom.
She also observed that while the customary requirements differ across communities, the value of gifts presented to the bride often reflects the groom’s financial capacity rather than any legal obligation.
“Some brides receive gold jewellery and several gift boxes, while others receive fewer gifts. These differences depend largely on the financial status of the groom and family preferences, not on any law,” she added.
Does any state limit dowry payments?
Although Nigeria has no federal law regulating dowry payment, some states in the South-East, notably Anambra, have legislation rooted in the Limitation of Dowry Law (1956), which prescribes limits on bride price. While some of these laws have been reviewed over the years, questions remain about their practicality and enforceability in today’s social and economic realities.
Abuja-based legal practitioner, Barr. Sanusi Salisu Dakat, who spoke to Tribune Online, stressed that neither the Nigerian Constitution nor any federal law regulates the payment of dowry, stating also that the practice is governed by customary and, in some cases, Islamic law.
According to him, under Islamic marriage, the bride has the discretion to determine what should constitute her dowry, regardless of its monetary value.
“In Islam, the bride can decide that she only wants the groom to perform a particular act for her, and she considers that to be her dowry. If the groom fulfills that request, even if it is worth far less than N30,000, that is sufficient because it is what the bride agreed to. There is no legal limitation on dowry in the North,” he said.
Dakat explained that while some southern states, particularly Anambra, have enacted laws prescribing limits on bride price, there is no equivalent legislation in Northern Nigeria.
“No federal law regulates dowry in Nigeria. Only some states, like Anambra, have enacted laws setting limits, but those provisions are outdated and unrealistic. In the North, there is no statute limiting the payment of dowry. The amount depends on custom and whatever the parties agree.
“The intention behind such laws was to prevent exploitation of intending couples, but the prescribed limits are no longer practical. People have found ways to bypass them, particularly through the value of gifts exchanged during marriage. If those laws are to remain relevant, they need to be reviewed to reflect present-day realities,” Dakat said.
He noted that under customary law, the return of the bride price is generally regarded as a prerequisite for a valid divorce where such a requirement exists under the applicable custom.
“Traditionally, for a customary divorce to be effective, the bride price paid by the groom’s family is expected to be refunded. Although some customary courts dissolve marriages without insisting on the refund, the traditional position is that the return of the bride price completes the divorce,” he said.
According to him, where a refund is required, several factors—including the duration of the marriage and whether the couple had children—may be considered in determining the amount to be returned.
Dakat also pointed out that some state laws imposing limits on dowry prescribe penalties for violations, including fines or imprisonment. However, he argued that such laws have become largely ineffective in practice.
“Those state laws limiting dowry have become obsolete because they are no longer realistic. Even where the law prescribes a maximum bride price of about ₦30,000, the value of the gifts exchanged during marriage often exceeds that amount many times over,” he said.
He explained that while the monetary component of the bride price may fall within statutory limits, families often agree on gift items whose value far exceeds the prescribed amount, making the laws difficult to enforce.
“If the parties voluntarily agree on the items to be presented to the bride’s family and those items are supplied, the courts are unlikely to interfere because parties are generally bound by their agreements. In practice, people simply comply with the agreed marriage list, making the statutory limits largely ineffective,” he added.