Law Simplified Video
Begin with our short Law Simplified video for a concise explanation of this legal topic. Then continue reading for a more detailed discussion below.
Introduction
Agreements or promises to marry have long occupied a sensitive space in Nigerian jurisprudence, sitting at the intersection of personal relationships, culture, religion, and formal law. While many assume that such promises are merely social or moral commitments, Nigerian courts do not treat such claims as mere emotional grievances but subject them to strict legal proof.
Nigerian courts have consistently affirmed that, in appropriate circumstances, a promise to marry can give rise to legal consequences.
A leading authority on this subject is the decision of the Supreme Court in EZEANAH v. ATTA, which clarified both the essential elements required to establish a breach of promise to marry and the form such an agreement may take.
Essential Elements of a Breach of Promise to Marry
The Supreme Court laid down the fundamental requirements that must be proved by a claimant alleging breach of an agreement or promise to marry. The Court held as follows:
“Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove to the satisfaction of the Court that there was in fact a promise of marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or under Customary Law, on the part of the other sex. Second, the party reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage.”
Per NIKI TOBI, JSC
EZEANAH v. ATTA (2004) LPELR-1198(SC) (Pp. 19–20, Paras F–B)
This pronouncement makes it clear that the Court will not infer a promise of marriage merely from affection or romantic relationship. There must be credible evidence of an actual promise, followed by a clear failure or refusal to honour that promise.
Whether a Promise to Marry Must Be in Writing
Another critical issue addressed by the Supreme Court was whether an agreement to marry must be reduced into writing before it can be legally enforceable. On this point, the Court held:
“…While the law may at times require that an agreement to marry should be in writing, the law will be prepared to hold, in appropriate cases, that the parties intended to marry in the absence of any written agreement. In this respect, the Court will take into consideration the institution of marriage as a trade in the relevant society and how persons generally engage themselves in agreement of marriage. In this regard, the law will be more stringent in agreement to enter into marriage under the Matrimonial Causes Act and to some extent under Islamic Law than agreement to enter into marriage under customary law. I say this because while the first two types of marriages have settled principles and formalities of marriage, the third one is essentially transient, depending upon the custom, cultures and ethos of a given society.”
Per NIKI TOBI, JSC
EZEANAH v. ATTA (2004) LPELR-1198(SC) (Pp. 20–21, Paras E–C)
This ratio underscores the flexible but context-sensitive approach adopted by Nigerian courts. The enforceability of a promise to marry depends significantly on the type of marriage contemplated and the customary or legal framework governing such a relationship.
Practical Implications
From the decision in Ezeanah v. Atta, the following points emerge clearly:
1. A promise to marry is not automatically enforceable simply because parties were in a relationship.
2. The claimant bears the burden of proving the existence of a valid promise of marriage.
3. The formality required depends on whether the marriage is statutory, Islamic, or customary.
4. Customary marriages attract a more fluid evidential standard, shaped by local customs and societal practices.
Remedies for Breach of Promise to Marry
Where a breach is established, the injured party may be entitled to damages. The court may consider:
Emotional distress and humiliation
Financial losses incurred in preparation for the marriage
The conduct of the parties
However, damages are awarded based on the facts of each case and not as a matter of course.
As with all civil actions, the claimant must have the legal capacity to institute the action.
Conclusion
Promises to marry are not treated lightly by Nigerian courts. Where the evidence supports the existence of such a promise and a subsequent refusal to honour it, the courts are willing to intervene. However, each case will turn on its own facts, the nature of the marriage contemplated, and the applicable legal or customary framework.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. The application of legal principles relating to promises or agreements to marry depends on the specific facts and circumstances of each case. Readers are advised to seek professional legal counsel before taking any action based on the contents of this publication.
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