Summary
The Etsakos are a group of people geographically located in the North-west part of Edo State, South-South geopolitical zone of Nigeria1 They comprise of thirteen EdoSpeaking clans. The people are believed to have migrated from Benin in the 16th century during the reign of Oba Ewuare or Oba. Today Etsako is geopolitically divided into three Local Government Areas; Etsako West Local Government, Etsako East Local government and Etsako Central Local Government. The family is a critical part of any society. Worldwide, marriage is recognized as an institution and accorded utmost respect. It is founded on and governed by social, cultural and religious norms of the society. In Etsako land, there are three alternative forms of customary marriage namely, Amoya, Isomi, and Enabo. Customary marriages in Etsako land require the payment of bride price (Usomhi atta) to complete a marriage. Consequently, the (extended) families of the spouses would hardly recognize a marriage without any traditional foundation as a valid marital union. An Amoya marriage is one for whom a full marriage-payment has been made. The husband and his descent group acquire full rights. In no circumstances is she allowed to pass out of her husband’s family except on occasions of the husband death. The children are fully affiliated to the husband’s descent group. In Isomi marriage, the marriage-payment is smaller and the woman may terminate the marriage at any time. Isomi marriage are divided between the 63 descent groups of the husband and the wife’s father. They belong to the latter unless the father redeems a son by purchasing a title for him or acquiring an Amhoya wife for him. Enabo marriage differs from Amhoya only in that the wife comes from a different tribe. Generally, in the Etsako traditional marriage belief/rites, once the bride-price is paid, the female on whom the price is paid automatically becomes the property of the family who pays the prize. Overall, requirement for a valid marriage under Etsako customary law include the consent of the bride (Ofako) and bridegroom (Osogbo); the consent of the father (Erha) or guardian of the bride; payment of bride price, which is both a gift and payment that are both monetary and natural produce essentials; ceremony/celebration/rites of marriage and handing over of the woman to the man’s family. 2 However grounds on which marriage is void under Etsako customary law include consanguinity (blood relationship) between the would-be spouses, affinity between the would-be wife and “wife” if the man already has one. Dissolution of a customary marriage is the ending of a marriage contracted under customary law. Under Etsako Customary law, cases involving marital conflict are tried according to native laws and customs. Divorce is said to occur where the dispute between husband and wife remains unresolved after efforts have been made to salvage the marriage. Importantly, there must be grounds for dissolution before the marriage can be dissolved. The grounds upon which a marriage can be dissolved are based on the reality that the marriage has failed. Grounds such as adultery/extra marital affairs (mostly on the 64 part of the woman), impotency of the man or sterility of the woman, harmful diseases of a particular nature, cruelty/ill-treatment, desertion etc. are required in dissolving a customary marriage. In Etsako, for dissolution of customary marriage to occur, there must be a formal intention on the party who is tired of the marriage to bring it to an end. In most cases, the bride price and other marriage expenses are refunded to the husband and when this is done, the marriage can be said to have been dissolved.3 The Etsako customary law on marriage and divorce is very essential to the maintenance of peace and respect for the traditions and customs of the people. While it is true that in general, the customary law has strict grounds for consummation of marriage and dissolution, it is surely based on age-long norms, rules and customs.
