The Executive Director of the Nigerian organization BAOBAB for Women's Human Rights (BAOBAB) stated in correspondence with the Research Directorate that

the process of obtaining a civil divorce between Christians in Nigeria is to file a divorce petition. Section 30 (1) & (2) of the 1970 Matrimonial Causes Act provides that, except where divorce proceedings are based on the facts of willful and persistent refusal to consummate, adultery or the commission of rape, sodomy or bestiality, no proceedings for divorce may be instituted within two years of marriage without leave of court (29 Apr. 2003; see also Nigeria 17 May 1970).

A solicitor at the International Centre for Nigerian Law (ICNL) also stated in correspondence with the Research Directorate that the Matrimonial Causes Act of 1970 provides for civil divorce and related proceedings, and the party seeking a divorce must file a petition (26 Apr. 2003).

A report by BAOBAB entitled Women's Access to Justice and Personal Security in Nigeria: A Synthesis Report states that a divorce may be granted to either party but "anecdotal evidence suggests that judicial prejudices sometimes require fault in the husband where a wife seeks divorce" (2002, 16).

According to the sources consulted, a customary or non-judicial divorce is also available to both parties and involves refunding the "'bride price'" that was paid by the male partner's family (BAOBAB 28 Apr. 2003; ICNL 26 Apr. 2003). However, the Executive Director of BAOBAB cautioned that in some areas of the country the right to terminate the marriage is conferred only on the husband (28 Apr. 2003). The BAOBAB report mentioned above also provides the following information:

Customary law marriages may be dissolved non-judicially, as well as via the court. At the dissolution of customary law marriage the wife must refund the bride price-even through it was not given to her, but to her family. In effect, a woman who does not have enough money to repay her bride price will not be able to remarry and have children, as it is assumed she is still married to the man she wishes to divorce. Where divorce involves a couple from diverse ethnic groups or tribes, the customary law that applies to the husband is likely to be applied reflecting the notion that the man is the head of the home (BAOBAB 2002, 6).

However, the ICNL solicitor stated that "[i]t is the woman's custom that governs a marriage. A man seeking a wife goes to her family and does whatever her custom requires" (26 Apr. 2003).

Regarding civil divorce documents, the U.S. Bureau of Consular Affairs states in its reciprocity schedule of 2 July 2002 for Nigeria that the Decree Absolute, which is issued by the high court, is the final divorce document. Other documents for civil divorces, namely the Enrolment of Order, the Decree Nisi and the Certificate of Decree Nisi Having Become Absolute, indicate steps within the divorce process but do not signify final divorce (US 2 July 2002). The reciprocity schedule also notes that "only high courts have jurisdiction over civil divorces in any state in Nigeria except Imo state, where the Magistrate's Court has jurisdiction" (ibid.).

Regarding documents required for customary divorce, the U.S. Bureau of Consular Affairs provides the following information:

Marriage under native law and custom can only be dissolved by the customary court having jurisdiction over the area where the marriage took place. The proper documentation for customary divorce is a certificate of divorce rendered by a customary court, which will contain a true and certified copy of the proceedings. [However, one exception is in Imo State] where Chief Magistrate's Courts can issue customary divorce decrees (2 July 2002).

Additional information regarding divorce proceedings for a Christian Edo man who married an Igbo woman could not be found among the sources consulted by the Research Directorate.

For additional information on the availability of divorce to women including grounds for divorce in Nigeria, please consult NGA36642.E of 9 April 2001.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

BAOBAB for Women's Human Rights (BAOBAB). 28 April 2003. Correspondence received from the Executive Director.

_____. 2002. Women's Access to Justice and Personal Security in Nigeria: A Synthesis Report. Lagos: BAOBAB for Women's Human Rights.

International Centre for Nigerian Law (ICNL). 26 April 2003. Correspondence received from a solicitor in the Legal Support Department.

Nigeria. 17 May 1970. Matrimonial Causes Act. Chapter 220 Laws of the Federation of Nigeria 1990. (International Centre for Nigerian Law 22 Apr. 2003) http://www.nigeria-law.org/Matrimonial%20Causes%20Act.htm [Accessed 1 May 2003]

United States. 2 July 2002. United States Department of State, Bureau of Consular Affairs. "Nigeria: Reciprocity Schedule." http://travel.state.gov/reciprocity/Country%20Folder/N/Nigeria.htm [Accessed 25 Apr. 2003]

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