By Salihi Adamu Takai
It has been almost a month that – the discussion on the issue of the discovered “existing law”, Marriage Practice Control (CAP 26) in Kano State has become the topic of the discussion on the media. The existing law that regulated the marriage practices among the respective Kano State community on how to get married in harmony, has been discovered by the notorious lawyer in Kano, Barrister Abba Hikima. The existing law, in section 5, has listed some practices that are not allowed in the marriage – and doing so – shall put the offender into a danger of imprisonment – or its likes as it’s mentioned in section 8 of the Act.
Notwithstanding of the fact that, the 1999 Constitution of the Federal Republic of Nigeria, unequivocally, recognises the existing law in section 315, the Marriage Practice Control (CAP 26) 1988 in Kano is not effective. The law is, as it’s recognised by the Constitution, valid – but it seems useless or not in existence. The essence of any law is to control the existence of the people. It gives the right of doing something and at the same time stops people from doing something.
As I heard about “the existing law” in question, I got confused pondering on it that how could this be possible? – it seems like it’s not for Kano – or it’s just in my dreams! The law is in contrary with the people of Kano State.
The 1999 Constitution of the Federal Republic of Nigeria gives room for the State House of Assembly to make law in accordance with the culture and customs of the people living in any state. Therefore, the then government of Kano State, in 1988, made that law (Marriage Practice Control) to control the marriage practices in those days. Unfortunately, the law they made for the marriage practices, is still not in conformity with the people in the State. The people of Kano are very serious about their culture and religion. They don’t leave their culture for anything other than religion. I believe that – the law that can be so effective to them – can be that one in conformity with their cultural norms and values. You can’t control something practicable and recognisable in one’s culture and make it effective to him/her easily.
In conclusion, I am with the opinion that – the issues of marriage practices can only be controlled when they’re not in conformity with the religion, but when they remain discretionary on the people practicing them can still remain classical. Marriage is being practiced in accordance with culture and religion – or culture of the people. This is the reason why the existing law of the Marriage Practice Control (Supra) is not effective. It’s beyond the perspective of the people living in its jurisdiction.