MARRIAGE

This paper takes a deep dive into the philosophy behind marriage taboos, or èèwọ, among the Yoruba people in Nigeria. We're looking at them from all angles: cultural, moral, and spiritual. In Yoruba tradition, marriage isn't just about two people; it's seen as a sacred bond that connects entire families, their ancestors, and even generations yet to come. This bond is kept strong by taboos that govern who can marry whom within a lineage, expectations of faithfulness, customs around widowhood, and various ritual practices. My approach here is to interpret and critically examine these ideas. I've been poring over Yoruba proverbs, myths, and folktales to really get at the core ethical ideas that underpin these traditions. To do this, I'm bringing in the perspectives of both African philosophers like Segun Gbadegesin, Kwasi Wiredu, and Oyèrónkẹ Oyěwùmí, as well as Western thinkers such as Simone de Beauvoir and Jean-Paul Sartre. The big question I'm trying to answer is whether these taboos truly foster community harmony or if, in some cases, they actually lead to unfairness. What I found is a mixed bag: some of these taboos are really crucial for maintaining Yoruba identity and moral standards. However, others seem to strengthen patriarchal structures and limit individual freedom, particularly for women. Ultimately, I'm arguing that we need to be selective—preserving the valuable parts of this cultural heritage while also making reforms to ensure justice, dignity, and human rights for everyone.

The dissolution of statutory marriage in Nigeria is governed by the Matrimonial Causes Act, which recognises irretrievable breakdown of marriage but still requires proof of fault facts. This requirement has generated significant legal and practical challenges, particularly in relation to desertion, which remains one of the most technical and contentious fault facts. Desertion consists of the willful and unjustified cessation of matrimonial cohabitation by one spouse without consent, reasonable cause, and with the intention of permanently terminating cohabitation. This study examines the problems of fault facts in the dissolution of statutory marriage in Nigeria, with a specific focus on desertion. The objectives of the study are to examine the conceptual and theoretical foundations of marriage and its dissolution, analyse the legal and institutional framework governing dissolution of statutory marriage in Nigeria, and critically evaluate desertion as a fault fact, including its elements, statutory requirements, and evidential challenges. The study further assesses judicial attitudes and relevant case law on desertion, as well as the broader implications of a fault-based divorce regime. The study adopts a doctrinal research methodology, relying on statutory provisions, judicial decisions, textbooks, and scholarly literature. The study finds that the technical requirements for proving desertion, particularly animus deserendi and the absence of justification, often frustrate genuine claims and prolong irretrievably broken marriages. It concludes by recommending a reconsideration of the continued reliance on fault facts under Nigerian matrimonial law in favour of a more flexible and realistic approach to marital breakdown.