By Anietie Umana
One recurring question in family and customary law discourse in Nigeria is whether a lady can claim compensation when a man reneges on a promise to marry her. While popular opinion often assumes that a broken engagement automatically gives rise to damages, Nigerian law takes a far more cautious and structured approach.
There is a trending video on social media where a lady called out a certain pastor, claiming compensation that the pastor allegedly promised and failed to marry her. This brief article looks at the law and the issue of promise to marry.
Historically, Nigerian courts inherited the English Common Law position that treated a promise to marry as a form of contract. However, contemporary judicial attitude strongly discourages actions that may undermine the voluntariness of marriage.
Marriage Promise in Law
A promise to marry refers to a mutual agreement – expressed or implied—between two persons to enter into a marital union at a future date. Traditionally, English common law allowed an action for breach of promise to marry. Nigeria inherited this principle as part of its received English law, but modern Nigerian courts have significantly restricted its application.
The Nigerian Legal Position
Under Nigerian Law, a promise to marry is not, by itself, automatically enforceable. Courts have consistently held that marriage is a voluntary institution and that no one should be compelled—directly or indirectly—to marry against their will. What the law protects is not the romance, but the consequences of reliance on that promise.
Proof Is Crucial, by virtue of Section 18 of the Evidence Act, 2011. A promise to marry must be proved by credible evidence. Mere verbal assurances, emotional attachment, or social expectations are insufficient. Acceptable proof may include written communications (letters, messages), Witness testimony, Financial transactions or preparations for marriage, Customary rites such as introduction or payment of bride price.
When Can Compensation Be Claimed?
A lady may succeed in a claim only where she proves actual and quantifiable loss arising from the broken promise. Nigerian courts do not award damages for mere disappointment or emotional distress. Compensable Heads of Claim include, Money spent on wedding preparations, Refund or return of engagement gifts, Loss arising from reliance on the promise, Customary law obligations, where applicable.
What the Courts Have Said (Case Law)
Aiyede v. Norman-Williams (1968) NMLR 40, the court held that: A mere promise to marry, without proof of damage, does not give rise to an enforceable cause of action.
Ezeanah v. Atta (2004) 7 NWLR (Pt. 873) 468, the Court of Appeal reaffirmed that Nigerian courts will not enforce romantic promises unless they result in provable loss or damage.
Balogun v. Balogun (1969) 1 All NLR 349, the court emphasized that Engagement is not marriage, and its breach does not automatically attract damages.
It can be seen from the foregoing that for there to be compensation, sufficient proof by way of evidence must be shown for the courts to award damages for breach of a promise to marry. Mere word may not suffice.
The Nigerian legal system adopts a balanced approach to promises to marry. Statutory law protects personal freedom and consent, while customary law ensures that serious marital commitments are not abandoned without consequences.
Umana is an Uyo-based legal practitioner
