Stable Democracy through Religious Equality: Redressing the Inequities in Marriage Regulation in Nigeria - A Case for Legal Reform

Abstract

This paper has critically explored the role of the marriage regulation regime of the 1999 Constitution in enhancing the stability of Nigeria’s tender democracy from the backdrop of the indispensability of religious equality of citizens for a stable democracy. The paper examined how the constitution treats all the religious models of marriage in the country. The finding is that the Constitution is discriminatory in favour of the religious-polygamous system of marriage followed by Muslims and traditional religionists, and against the religious-monogamous model of marriage followed by Christians and others. The paper recommends legal reform, sincere appreciation of the religious plurality of the country, and respect for the right to freedom of religion. The methodology used was critical analysis while the theoretical framework of the research is structural functionalism.

Keywords: stable democracy, religious equality, marriage regulation, constitution