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EASTERN

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REGION (

NIGERIA

Report of the Committee on Bride Price

PlUCJ!: Is 6d NET

1955 Pri111ftl IINl PllblisiiH 6y IM a--J p,;,w, Erprp

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PREFACE

'I_'he Eastern Regional (;overnmen~ has now st';'died the Report of the Committee on Bnde-Pnce, set up m 1954 to m,·csttgate the soc1al effects of the payment of Bride­~~~c~ail~ ~~eh;:~r;. Region, and to make recommendations for the removal of any

2. In publishing the Report, the Government wishes to express ita appreciation of the excellent and painstaking work of the Committee. It wishes a1ao to make clear its attitude to the recommendations of the Committee, in order that there may be no doubt on the matter, and in order that the most rapid and effective implementation of the Report may be achieved.

3. The Government accepts the Principal Recommendations of the Committee contained in Part IV of the Report, and also the Other Recommendations and Observations which follow immediately thereafter, aa the basis for future action. The Government commends the recommendations to the people of the Eastern Region, and seeks their whole-hearted co-operation in seeing that the recommendatio{IS are brought to realisation.

4. The Government undertakes to pursue the recommendations of the Committee energetically, by legislation either at the Regional level, or at the Local Government level. In particular, the Government intends to introduce legislation on the lllattmS of divorce, child marriage, the custom of a woman bearing children for her father, the "Osu" system and the matrilineal system of inheritance. The Govenuneut accepts that it is its duty to act as an inst":'ment of enlightenment in these important social problems.

EsiN A. EsiN MinisterofWelf•e

l)n: l'l FltK T\l TIIF '1-:X.'\TT\H l\l0/\'\1,

l-:•~Tnts RF\a,,s, F-..n;t·

~IR,

w~ hO\·~ th~ h,,nour "' l'"""'nt our ~rort. 2. Our t~mts ,,( rd..n-n,~ \WI"l' a.< f,•llows:

1'-ASTI'liN RBCION,

Em1cu, NtOI!IUA 30th Ol:tober. 1954

"T•• im~tito:'lte tit, S<.><:ial ~lf....-ts of the payment of bride-price in the Eatem ~..g;,,n and. to make any !'l'l'llm":'endations 10 Execution= Council it mipt think ht wuh ~ ne" to th~ n-m,wal ,,, any anomaly or hardship." 3. w~ \WIT a..-<ked to ,;~it th<' j,,u,.\\int: places: Oaoja. Ogidi, Nntwi, Awb, Aba,

Abonnema. l'yo. lkwe~ (Ahoada), Owerri and Orlu.

4. It was d..Oded that a cin·ular letter should be sent out to all Nation= Autboritiea and Local Government bodies and to tribal and other l'nions and that the mat:IU should receil-e due publicity by notic-es in the press and announcements over the Nipian Broadca..<ting Sen;c-e, This \\'liS drawn up by the Chairman and dispatdled on 16th July, 1954. A copy ap~ at Apptndix I. Information as to the sc:ale of dowry and the social effects of its pa~ment in the numerous dans and oommittees througbout the Region was asked for. The ,;ews of pri\'ate individuals \ftre also invited and some 350 letten u-ere sent out.

S. A pn:lirninary meeting \\'liS held in Aba on 6th August when the wriacD eYidmce then received was re\;ewed. It was decided that it would be neor:ssary to visit four more centres for the hearing of oral e~;dence, namely Port Hamrun, Onitsha, Okigwi and Umuahia. It was decided that a visit to Brass ought to be ...de. Then: the marriage systems, although in some respects similar to those found in Degema Division, nevertheless present special problems not m~ with anywheR else in the Region. However, in view of the difficulty of securing laum:b tnnsport md acaxnmodatiOD while in Brass, Executive Council were not asked to approve a visit there. l:nsteMI we asked repn;sentatives to ~;sit Abonnema and a few did in fact come. Approval to visit the four additional centres mentioned above was giftll on 11th August.

6. Our itinerary appears at Appendi% 11.

The Written Evidem:e The response to our appeal has been very gratifying and- 413 letten ba-..:

been received. A fair proportion of Native Authorities and Local Go'fer111M1lt bodies Rplied to our letter and the response from the Unions Uld from persoos seeiag nOiia:s in the press-particularly the Ecmrt OwdooA and the West Atnc- Not, was wry OODSiderahle.. A high proportion of the letten received was from J'OUDif men, though the views of older men are well repn:sented. The womeo, on the otiM£ band, wflo as ~ tan little intere~t in public aft'airs pro\'ed to be rather backwud in IXIIDinc forward, though a few opinions haw been received. As far as the wri- eYideace is concerned, there is no divergence of opinioo bet-..:11 - and -. both youag and old.

i. The t.ii,·is.ions from which wl~ havt' received most lcttt•n- arc Okigwi and Owerrl. ~IT havt" also bee~ many from Orlu. \\·e re~rd this. as an indication of where the re-or le arc most worned about the amount of their dowry.

The ()r1al E,;dence . . . . . . 8. Co1;"1es of our lhn_erary were s.~nt_ to Dtstnct O~ccrs. who were asked to gtvc

due publiCity to our sess10_n~ ~nd to I_nvite representatJ,·es from a~l. clans ar:'d f!roups to atttnd. People from d,,,SI~ns wh1ch we were not asked to VISit were tnnted to

atte~adll~~~:~~ ~:tr:;:::er~~!o;h~h~:'r:;: ~:~;~q~;:~~d b:h::J.'~~~~;a;~~~~n~~ •re<" .

9. In most centres we had. a good attendance and f':'und the peof>le most willing lain their customs regard1ng marriage and the soc1al effects ans1ng from them.

n,:"%nh· place which was really disappointing was Onitsha where the few who appeared lained that only short notice and little publicity had been given. At Aba the

~ring "-as small, while at Orlu, Okir;, Umuahia, Isoba (Ahoada), Uyo and Ogoja it was so large as to be almost overwhelming.

10. \\'e were informed when we went to Owerri on 6th September that the people were holding a mass meeting on the I lth to discuss the question of limiting dowry and they asked us if we would return on 13th September to hear the result. This ""' were able to do.

11. At Uyo the attendance was very good, although the people were not co-

~k~:;:;.,S:~e~es =i~~~;Z.:i~J:S":~~':;.~~~ ~:r;ia~~~Y~:e~~~e~kd~~~f;~~ change and any Government interference was most unwelcome. They said that if anv limitation was placed on the amount of dowry payable, husbands would be unwilling to "continue the time-honoured custom of helping their wives' parents after marriage. VI-nether or not this is the sum total of what determined their attitude we cannot say.

12. Here there is a conflict with the written evidence as a fair number of letters have been received from this area complaining that the amount of dowry is too high.

13. Generally speaking, however, there is complete agreement between the oral and written evidence. The onlf discrepancy apart from the one already noted is that letters from some areas say the present dowry is a little higher than what we found in our oral enquiries. This may be due to the)desire on the part of correspondents to emphasise the social evils, or more probably, to a tendency to write generally about specific cases where amounts above the normal have been paid. Where this discrepancy oecurs, the figures given in the oral evidence have been quoted. A summary of the evidence received appears at Appendix III.

The Compreheaaiveness of the Report 14. In view of the fact that we were asked to visit only ten places we do not think

that our enquiries were meant to represent anything but a sample of conditions in the Region. In spite of the volume of the written evidence which is considerable, and even though we did in fact visit fourteen centres and in some of these representatives appeared to give evidence from other divisions, our report cannot be said to be fully comprehensive. Careful consideration has been given to the written evidence and we have tried to limit what appears in this report to what we regard as confinned. ~~wever, the information contained in Part Ill in respect of places we did not visit I& mcluded for completeness, though we do not regard it as fully confirmed.

2

15. \\"l' :-:.lwuld likt.• to mention here that many complaint!\ have hecn received from the pt·np!t' PI dl\·isions not on our itinerary that the Committee ha!\ not visited their an·;ts

~ (l. P.trt Ill ~·ontai~ls, ns. .f;~r as the evidence ~oes, a description clan hy clan of marn;tgt.• systems 1.11 thc1r trad1t10nal f(~rm, together with an account of how they have changed with the 1mpact of \\"c~tern CIVilisation and the introduction of ::i. full money economy. It might he thought at first that a lot of historical details are not pertinent to our cnqtnry. I lowe\·cr, we are strongly of the opinion that unless the traditional form of marriage is compared with conditions obtaining in the present era the social effects which we were asked to investigate cannot he properly assessed. The picture on which to hasc our recommendations would not otherwise be complete.

Use of the term Bride-Price 17. :\1any complaints h>'·e been received against the use of the objectionable and

derogatory term "bride-price." Until recent years the word 11 dowry" was always used. This is an English word which has a different connotation in English than usually ascribed to it when referring to African marriage systems. The Uyo County Council ha>·e asked us to use the Ibibio term "Mkpo ndo" when referring to the Ibibio marriage, which means-"the thing which a man gives when he marries a woman." We have decided to stick to the word "dowry" throughout our report and we define it as "those things whether cash, gifts in kind or labour services which a man gives when he marries a woman and which are regarded in a case of divorce as refundable." In this way we draw a distinction from "petty expenses"-the incidental expenses of marriage such as the presentation of drink, gifts to the bride's parents and relatives and to those who gather to settle the dowry, the cost of marriage feasts and the cost of sacrifices and ceremonies at the time of marriage which may be paid for by the bridegroom, but which in a case of divorce do not form part ofthe refundable dowry.

PART 11-GENERAL CONSIDERATIONS

18. The following description, which is in general terms, applies particularly to the Ibo system of marriage. It applies throughout the whole of Owerri Province with the exception of parts of Bende and Okigwi Divisions and to Onitsha Province, particularly Onitsha and Awka Divisions. It also applies to the lbo clans in Ahoada Division, but not to the Aro District of Enyong nor to Onitsha town:

The Traditional System 19. If a young man wished to marry a girl, he would first approach the girl and

obtain her consent. He would then take some wine to her parents and inform them of his intentions. After the wine had been drunk he would be asked to return home and might expect to hear nothing for a few days. The girl's parents would then consider the matter and make enquiries about the young man and his family. They --:ould consider whether or not the young man's family had a reputation for stable m:u-n~es and whether its women-folk had produced large families. If there was ap.y m~mty in the family or any member of it was a thief this would probably be a bar to the mamage. A meeting would then be arranged between the two families to talk over the proposal. The young man would be asked to attend and to bring more wine.

20. Marriage was thus not merely a matter for the contracting .Parties; _it was the concern of the two families. The question of consent lay first With the g.rl but it was the parents who had the final say.

21. lkforr final a~mcnt w.t> reached. it wa> usual for the !(irl to pay the young man a trial ,·isn which la>tcd a """ d.l\> onh·. On ht·r retmn she would he asked by ht1' parTnts if !'.he rf'3lly did want tn m••rr:· the ~·oun~ man. In some clans there were t""O trial pt"riods and on her return hnmc on each occasion. the same question would 1-.., put to her.

21. During the period of betrothal which usuallt· lasted sewral years the young man rend~red labour sen·ices to the girl's parents. These took the form of assistance in farm work, particularly with the original clearing of the bush and the making of yam M.ps. of assistance in the building of their house and sometimes palm cutting and fm~-making also. During this period he usually gave presents to the girl's parents of things like palm wine, yams and firewood or, if he was a hunter, a share of any animal he killed. It was genernll~· obligatory to gin certain presents at festival times. In this way the parents were compensated for their trouble in bringing up their daughter and for the loss of her sen;ces on the farm when she married. In some areas the parents received in addition livestock such as cows or goats or a special gift of yams as an additional recompense. This was the origin of the dowry. It was never fixed. The number of years during which labour sen·ices were rendered varied with the age of the girl when the marriage was first agreed upon and where cows and goats were also given their number varied with the wealth of the young man and his family. VVhen the girl went permanently to live with the voung man there was usually some ceremony to mark the occasion and a feast, (someti.mes more than one) would be given. The payment of dowry was not the essential element of the marriage contract. It was the gi\~ng of consent, ratified by the acceptance of drink that was really imJ?ortant and generally the marriage ceremony, often sacrificial in nature, was also essential.

23. When the bride went to her new home she was given presents by her parents of seed yarns and cocoyarns and of household and farming utensils. 1':1 this wal; t~e foundation of a new home was laid. The labour services and the presentatiOn of penodi­cal gifts by the husband to the wife's parents continued after marriage. Family ties • went thua strengthened and ageing parents were cared for. Cases of d!vorce were adjudicated by a village elder or group of elders and in such an event the g•rl's parents became responsible for refunding the dowry. Divorce was far from common ~nd very rare where there were children. If trouble arose between a husband and Wife, the two families would endeavour to affect a reconciliation.

24. In some areas, such as Owerri, marriage was contracted when the girl was in her childhood or infancy. A father would select a wife for his son and during the years they were growing up the father would make periodical presents to the girl's parents. Here there was a departure. from the usual course of events, in that consent lay with the parents and not with the girl herself. However, a distinction must be drawn here between child marriage proper where all the presents given were treated as refundable and child betrothal where it was merely a question of an understanding between the two families and any presents given were not refundable. In any case, the girl was generally required to give her consent after she had reached the age of puberty before the arrange­ment could be ratified and her formal consent was usually called for in the marriage ceremony. She might be handed a cup of wine during the course of the ceremony. She would take a sip and hand the cup to the bridegroom or a member of his family. If she handed it to a member of her own family it meant she did not accept the man as her future husband. The Pre-war yeara

25. With the impact of Western civilisation, changes began to appear in the tradi­tional oyotem. Pseudo-forms of currency such as cowries and monilias, brass 1111d iron

rods came to ht: n"ed for tr;\ding which had previously been hy barter only and gradually morl' ml·n took up fixed employment leaving them with_ n? time in which to render the traditional labour service...;;. The dowry came to be patd m these fonns of currency and gradu;~lh· it came to be fixed. Rut it was fixed at a level within the range of the ordinary palm-cutter, farmer or labourer. I_t dtd not remam constant throughout the vears, hut ,·aried with the general prospenty of the people. In many areas there was ·a fall in the amount of down• during the years of depression in the early 1930.. Graduallv these pseudo-forms .;r currency ~ere _replaced by money a_nd the dow':Y came to he paid in coin. The gifts at fest1val t1mes whtch had prev10usly been tn kind began to be commuted to money. In some areas, however, the c~ang~-over did not occur until during or after the second World War. But what obtamed m the traditional form was preserved in its essent1als. Marnage was the concern of th~ two families. The betrothal period lasted a number of years and the dowry was pa1d by instalments. There was a degree of stability and divorce was not common. Prostitution was abhorred and was virtually unknown. It sometimes happened that a girl became pregnant before marriage, but almost invariably public opinion would force her lover to honour his obligations before the child was born.

26. There are exceptions to this. In Onitsha town the dowry soared to as much as £60 to £70 during the years immediately prior to the First World War and a limitation was first imposed in 1920. In the Njikoka District of Awka it was as high as £60 in 1919 and was paid in cash. And in areas where girls' education started early there came into being a small differential for education in the payment of dowry.

The War Years

27. During the war years a change took place and the servicemen are held to have been largely instrumental in bringing it about.

28. Many of them entered the Army as young unmarried men and when they found that the Army pays marriage allowances they soon became alive to the advantages of acquiring a wife. Money was dispatched to their parents who were asked to look around and find them wives. Girls were called upon to marry young men they had either never seen or had forgotten and the period of betrothal, so important in the traditional system, had no place in such marriages. Soldiers returning from overseas who had not yet acquired a wife came home with the object of doing so as quickly as possible. Men with daughters of marriageable age were dazzled by the money they were offering and often made their daughters marry them, irrespective of the fact that they had already been betrothed to others and in complete disregard of the girls' wishes. Instead of arrangements being made by the two families the soldiers negotiated them­selves with the parents of the girls they wished to marry. The dowry rose. Often it was paid in one lump sum, instead of by instalments. Gradually the idea dawned that to marry off one's daughter was a way to acquire wealth and that idea has persisted. There is even evidence that on this account the birth of a male child today may bring disappointment.

29. But this is not the whole story. During the war years there was more money about. The price of foodstuffs rose and farmers got much more for their yarns. Th" dowry in the years immediately prior to the war varied according to the general pros­perity of the people and the correct interpretation of what happpened is probably that the dowry rose because there was more money about and the servicemen were in the vanguard of their allowances and gratuities. Wealthy traders are not unknown in some areas to have bid high for the girls they wished to marry and played their pan in raising dowries.

•-~"GM-War \'_,.. ,,(\, l'ri\.~ ~~Ot"ri!JI~ h,I\T l'tlUtill\U.'l( hi ri~· ~iUt't' tht• tl$.1 War.:lllll !'HI llol\t UUWfl.es

1 ~~h tiw-n- &IY ,,thfor fa,.-h,r.-. "hid1 ou'\'tlunt h'r pr.·~t·nt-d~•Y tl~-tun.~:-;. _l l~lt' of the1r1 n_thf. lft"at imronant;T atta..:lwd thlW.lh.i~,-~ h' thr :~t"\'t•utrt•mt•nts whh.·h •• •~ expected \\,11 AC\.~mran~· the ~ri'k "' ht·~ 1\t'\\ lhm_w. Tt,~l·•~· u is n~1t nu·rdy a quc."slon of cooking l"l'ts anti ~ \'lms but a St"\\'11\£ m.tchuw. :1 h•c~Yic. :1 tan trunk und ht•aps of clothes and pockt-t rnt~M'Y. Thr amuu;lt ,km:uh.lt·,t is tixt•tl hi~h so as to l'ovcr the cost. of t~. Girls' r•,.h;l'4lti''" ha.~ la.,::~t·,t hc."hirhl that of hny~·· with the result that educated g~rls a~ in gr<"at d~mand. With thi" h"' ""rown tlw 1d~• on thr part of parents that t~Moy ha'"" the" ri.:ht to f't"\.'0\'t"f tht· l't\..~t t•f tht•ir dauJ.!htc.·r.:.' t"~hu.·atum \~·h_cn they .marry, The, rrsuh is th~t in Owerri for •·xample, lllkl may ht• p:ml !or an lllllcratc g•rl and £200 for o~ with Standard Yl, whik th<' dowry on a c.•rt•ti•·atcd teacher, nurse or mi,lwife may h<- as hi~h as [.\00 .

. 31. TM high dowry is to a la~ extent n.•,;.p~n,;.ihle for the fall in morality in the Rcgwn and all the, c'OilSfijU<nc.-s it has brou~ht m •t• wake. Doth men and women att forced to rtrnain singk Ion~ after the age at which they would !'ormally mar':}' and the adjustment and adaptation nl'Ct'st•a£)· in both partner.; to a mar_r•age 1s more dd~icuit and ~rail)· less rompkte. It is frequrntly stated that the b1rth rate IS decbning though ,.;thout recourse to statisti<'S and the ne<·e,;.sary data we have no means of pro\"irlg this and indttd the last census tend• to prove the contrary. A truer statement may wtll ~ that tM birth rate is not increasing a,;. rapidly as it otherwise would be if marriage today were easier.

32. The practice of men and women living together is becoming wide~pread, panicularlv in the towns. Manv children are today born out of wedlock. G~rls are hc&ing UJ·w towns to practise prostitution merely because as long a.s their parents de­mand an exorbitant dowry they know there is little likelihood of their getting married if they remain at borne. Prostitution, moreO\·er, is not confined to the towns. It was previously abhorred. Jl:ow it is to a large e:-:tent condoned and the fear has been voiced that the women of the East prefer prostitution to marriage.

33. The following comments, all from Okigwi, are so expressive, they are thought worthy of quoting in full:

"Far less people marry and many have died celibates-What a tragedy.'' "Villages and towns teem with unmarried girls creating a large door for a regu.

lar visitor-the devil." "Polygamy has been discouraged consequently agriculture had not got sufficient

hands for greater yield." · 34. It is also often said that today cases of procuring abortion occur all too fre­

qyeot!y. In many areas, for example in EtChe Clan in Ahoada Division it is strongly apinst custom for a girl to have a child unless she is married and the temptation to ftSOI't ID this illegal procedure must be great.

35. Men wishing to marry are driven to extremes in order to raise money for the dowry. Not only do they burden themselves with heavy debts at exorbitant rates of inJerest, but they also pledge land and personal belongings. Sometimes men aro tempted ID stal and misappropriate public funds for the purpose. A marriage which starts off uncia- a heavy cloud of debt has little chance of success and bickering& and quands generally ensue. Broken homes are often the result. Before the war if a wife approached her father with a long tale of maltreatment by her husband he would in a glaring ~ set about refunding the dowry, but today when he has accepted a heavy BUm which be knows he has no chance of refunding he is obliged to tum a deaf ear on ber entreaties.

31l lt 1.._ r1np 11 -nth ·:.1id th:1_1 tmla~· l.· .•. tlwr~ llo not gi\'e tl~(~ir thm~htcrA in m~rriage; thn :-t·ll

1111111 '" 1 1w !11 \·lu·-..1 1\Hhlt·r. llw dtnu•nt of rhotcc on the female stde has

d•s.lppl·:nnl :11 ul !1 11 . ~LII••s 11! \\Ol\l~'T_l hall t.~ctcrioratc.d. In Orlu, for ex.ampl~, wJ

11•

11 :1 nun h.1.... 111 hu~ in!!: :1 wilt.• h~ w111 he anxwus to get a return for hts

11111111., tn, 111 lu· 1 "' 11 k 1111 !lh· t.1n11 anlll1cr po~itwn is more like that of a serf than a social

p:lrtlll'l

;:-. //as J/11 · ,J11 ,T1 1 ,,,d/1' riH·n? The question ari~cs as to whether more is really p:1id h~ way of do\\ry .11 1\u· presl'nt time than formerly. In terms of actual.money tlw :tnswl·r is ••''' ,. 111 slr , l'S. lltl\n'n'r, the ,·alue of money has fallen and what ts more important th:11_1 the..· a~·,,·,:,\ t.".'lsh paymc..·n_ts i:-\ a c?mpari_son in terms of re~l values. It cannot he dcn•c..·d that dmntl'~ p:1id in \ormcr ttmes dtd represent a constderable sum of m01~~·y in tams nf prcsl'nt-day ,·alu<.'s.. In Nsukka, for example. three or four cows wrn· gi,·~·n. In ()zuhulu (<lnitsh.t lli,·iswn) the dowry was at one time five to ten bags of ctmril·s. .-\ h:q.! or L'm\rit•s w.ts then rated at £1 and a four gallon tin of palm oil in those da\·s L·ost on\\· Is. In Oguta it was formerly paid in yams and was fixed at forty stac..·ks·, there he;ng thirtY yams to a stack. There is insufficient information in ti1is report to carry the ;m:tly;is. -n~ry f;u, hut it does seem that the dowry on an average illitcr:tte l!irl has not risc..·n Ycrr much. (The position in the case of educated girls is of course,\Try ditl"ercnt). .

3H. The question which naturally follows is where then lies the hardship ? The answer is that in former tinws there wa.s a long period of betrothal and the dowry wots paid instalment<\lly m·cr a period of years. The time now spent by youths in school was fonm·rly spent in working for the parents of their girl-friends. Child marri;tgc is today dying out and if a boy attends a secondary school, he may not think of marriage before he has reached the age when his father would have expected him to be married. I I ere lies the need for change.

39. Other Ethuir Groups.-The lbibio peoples of Eket, Uyo and lkot Ekpene Di\'isions, etc., ha\'e a marriage system which is characterised by" the practice of fattening and femak circumcision and by the importance attached to the labour services rendered both before and after marriage. The operation of cliterodectomy or female circumci­sion is performed when the girls ate between the ages of one and two years. Before the girl goes to Ii,·c permanently with her husband she is confined for a period of several months in what is linown as the fattening room. She does no work and grows fat. The husband pays for her maintenance during this period and he is also required to provide other things such as a bed and bedding, etc. Apart from the labour services rendered, the husband is required to defray the burial expenses of his wife's parents. These form part of the refundable dowry and much importance is attached to them. More importance is attached to the help given by a husband to his wife's family than to the actual dowry, which has risen though not to the same extent as in the case of the Ibo dowry.

40. The Ejik peoples of Calabar also practise fattening and circumcision. Their dowry has not risen.

41. Amongst the /jaws of Brass and Degema Divisions, there are two systems of marriage-a big dowry system in which the children belong to the father's family and a small dowry system in which the children belong to the mother's family. In Brass ~h·ision much importance is attached to female circumcision amongst most clans. It ts performed after the age of puberty and is accompanied by a period of fatte':'ing.. The amount of the big dowry has always been high and small dowry marnage ts the commonest form today. The amount paid has not risen since before

7

~~~~att'J~~~t~a:~ ~~:·iln._-.~~11 ~_;\ l~l' ."\)[ P':~"'t_ise_ fcnlale circuml'ision. th~n1g-h marriage

For details. st-r the a~pn.l~~~!t,•:~:~~:~::;·in ~'~~ i; lt.ruc of other ~roups 1n tlw Re~ion . . 1

b.--+2.J:r"~ De~;..., for <;hange.. \\"h<·re\-et the dowry is high there is a demand that 1

. 1"'('- Ul'"el · · "nt~"r tron1 Ok,g-w, says. 1f reduced ·• ... bachelor-ship and \'irgmity ".ould he abated .. \ wtfe would cons<·qu<•ntly remain for the husband and not for all_;, :::-.:aturally young men wtshmg to marrvwant a reduction and thevgenerally ask for a big ~>ne. But t~ere IS also abundant endence that parents and elders consider it is in the best Interests ot the rommun11~· that it should he reduced, though naturally when a man has ~~hg',~e w~o ·~:. ~ady tor marnage his self interest may come to the fore. A writer . . . m 83) • · Remember that_" hen sla,·e trade was on, the people who became

nch b) 1t were ne_wr pleased to see It abolished." As far as the ,·iews of the women ha\-e been ascerta.med. they also wish for a drastic reduction.

. 43. Man)· people have giv~n little thought as to whether this is best accomplished b) du-e~t.leg.slauon b)· the Regwnal Government or by subsidiary legislation by Native Autho~~''?' and L~al ~o,·ernment bodtes. Those that ha\·e prefer the latter. The only d.inswn m whtch thts has been done recently is Ahoada and for detailed comments

~~n~: ~~~ 3lf~~;erii:t:1:~c:~~nc~~::~ J~~~sh~\~,~·~: of one set of rules appears at

44. There have also been many instances where Native Authorities, tribal unions and ,;nage societies have endeavoured to make rules restricting it. These of course have not the backing of constituted authority and as such have not been an overwhelming success.

45. Apart from the question of limiting dowry, there is also an overwhelming demand in the lbo area that the cost of the petty expenses of marriage be also reduced. These include the performance of customary rites, presents given by a man to the girl's parents during the betrothal period, marriage feasts and other expenses such as payment to those who gather to settle the dowry. A church ceremony may cost the bridegrqom as much as £40, particularly if he pays for the bride's trousseau, as is generally the case.

46. At the present time, divorce is sometimes pronounced by a Native Court but more often by a village elder. There is a wide demand that in future it should be pronounced only in court. This applies not only to the Ibo area but to other groups as welL It is always accompanied by the desire for registration of marriages. Not only would this give proper recognition to marriage under Native Law and Custom but it is necessary if any reform is to come in the matter of divorce. It would also be of great assistance in disputes over child custody. In order to avoid useles repetition the demand for registration of marriage and the pronouncement of divorce only in court have been omitted in referring to the limitation of dowries in Part IlL

47. In Ikom and in certain clans in Calabar Division the dowry is very low with the result that the divorce rate is high and marriage has little stability. There is here a demand that dowry be increased.

48. The only demand for legislation by the Regional Authority direct comes from Brass Division where the enlightened section of the community wish to abolish the prevailing small dowry system. They consider that this is not a matter which can safely be left to the Native Authority.

49. Everywhere we have been we have made the suggestion that the payment of dowry should be abolished altogether. A few of the educated, both men and women, agreed with the idea. The vast majority received the suggestion with horror I

~0. The Townshirs. Thi!-1- ~cction would not_ l~e c_omplcte wi~hout mentioning !lw townships. The qul'Slinn nriscs at to how does l.tvmg m a townsh!p alfcc~ a per~on when he marries. If the man is a stranger <.md he Wtshes to marry a gtrl who tS a nattve nf the town, he is gencrall~· expected to pay a higher dowry. However, our enquiries lead us to hcllcvc that suc.:h marriage!-. arc few. Town-dweller~ usually return home to marry. The dowry then i~ th<." same a~ those who are living at home.

PART 111-lND!VlDUAL MARRIAGE SYSTEMS

Onitslra Division Onitsha Township

51. Traditionally dowry was paid in labour services and in presents given at festival times. Trading stations were first establi•hed in Onitsha in 1857 and thereafter when the menfolk began to work for the firms they found themselves unable to render these services and dowry began to be paid in cowries. In 1900 it was fixed at £10 By 1910 it had risen to £17 and by 1915 £60 to £70 was being paid. In 1920 the Onitsha Native Authority stepped in and fixed the amount of refundable dowry at £32. During the following years, the incidental expemes of marrige increased appreciably until by 1938 the cost of getting married was £80 to £100. In that year the Native Authority intervened once more and fixed the amount of refundable dowry at £17 and petty expenses, which took the form of drink at £3. This is distributed as follows:-

To the father To the mother ... To the bride (for clothes) ... To the parents (for services rendered)... . . . . . . . .. To the guardian of the wife, where she is not brought up by her

£ d 7 0 4 0 3 0 I 0

mother... ... 1 0 To the family head 0 10 To the female head of the family . . . . . . . . . 0 5 To the young men who bring the bride to her husband's house 0 5

52. It is customary for a man to give presents to the wife's parents at festival times. Formerly these might be in the form of yams, corn, beans, peas or fish if the man was a fisherman or meat if he was a hunter. Now they often take the form of a small gift of money.

53. The marriage system in Onitsha is working well. The "Ekwueme" (age grade) keeps a watching brief on its working and the people appear to be well satisfied with the system. Prior to 1938 young men from the township frequently went to the sur­rounding country to look for wives, but they no longer do so and if today a stranger wishes to marry an Onitsha girl, the above scale does not apply. He is generally required to pay more.

54. We are informed by people outside Onitsha that because of the low dowry the refund of which is a relatively easy matter, tbere are frequent divorces. With this Onitsha people do not agree and they say that because a wife can fairly easily obtain the money for a refund of dowry her husband is obliged to treat her with a degree of consi­deration that rarely obtains elsewhere. We are of the opinion that if the divorce rate is in fact high it is due not so much to the low dowry but to ill-considered marriages and lack of home training on the part of parents. Formerly, the period of betrothal was longer and more thought was given to the suitability of any marriage proposed. The social status of the family was considered, whether it had a reputation for stable marriages and whether its womenfolk had produced large families.

-~5. ~nOn its-ha. rh~ Ltt.'( t!ut ther~.· is a tbr r.~t<' f(lfd(lwry, irrl'spcctivt~ of educational qu.;ahht.~Hmns 1u~ ll~'t lundcrcd th_t' t•duc;ltillJ\ (\( girl~. :'\'or ha~ it tended to limit the value of l'n'~l·nts g1\'t.'ll h' tlu.· bndl' wht•n :=:he tirst goe~ to her husband's house. In the cast" l'f wealth~· p;tn.·nts. t!ws.~.· nuy t'XL'l""t.~d [100 in ,·aluc. The es...o;;;ential element in marriagt:" is tht.• gi,·ing of CllllS.l'~t. raritit•d by the.• rresentation of drinks. Jt ha~ always ht-en a nlattc.•r t~.u the: tW<..l familtc:=: nmn·rncd. Payment of dowry is not and never has bct-n the most imporunt bcwr.

The Nnewi Area 56. In the area of the Somhern Onitsha District Council there are six clans. The

dow~· is high in this area and i< ,,f the order of £100 to £200, depending on the education of the bride.

57. Amichi. Traditionally. dow':· was paid in labour services. A suitor would do fann work for the father of the girl he liked for a number of years. The length of such labour scnices nried according to the age of the girl when the an angement was first made. The average was prob.ably about six years. Gifts ?f yams,_ cocoyams, kola nuts and palm "ine were made at festi,·al times. Labour serv1ces contmued to be rendered after marriage. although these were not an essent1al part of the dowry payment.

58. Later dow.,· came to be paid in cowries. These were reckoned as follows: 6 cowries=! count.IO counts =I ukwu, 4()() ukwus=l bag. The valueofa bag of cowries has Yaried through the years. At one time it was equivalent to £L Today it is between £2 and £3. Originally the dowry_ was 5 b_ags. It rose stead1Iy until in the Years immediatelY before the war the ma>nmum pa1d was 40 bags, equ1valent to £29: In this era, th~ down· ranged from £15 to £29 and generally a iinle more was paid for the educated. To.day illiterate girls are married for ab?ut £90, girls with standard \'I for £120 and the dowl")· on a Higher Elementary cert11ic~ted_ teacher may be £180. However, sometimes an educated girl of such a standard IS g1ven away in marriage for what may be regarded a! most as a nominal dowry of about £30 and occa­sionally no dowry is paid at all.

59. In this area, child marriage is practised and traditionally a girl may be martied almost from the dav she is born.

60. A ceremo~y known as "izu-afia," or tying of cloth is performed to mark the time when a girl passes to full womanhood. Certain expenses are associated with it and these are generally borne by the husband though occasionally the girl's father may have the ceremony performed and in this case he defrays the cost. However, the former case is more usual and the ceremony generally takes place after the payment of dowry has been completed. Traditionally the ceremony involved leading the girl to the market ~ed. She returned after the completion of the ceremony clothed. Nowadays ~he tradillonal form is not insisted upon in its entirety and it is often not performed m the case of Christians. In such a case it usually takes the form of a token payment of one guinea to the leader of the girl's age-grade. After this, the bride goes to live permanently with het husband. It is regarded as an essential of marriage.

. 6_1. The marri_age itself is marked by a ceremony which is accompanied by much dn~ng and feastmg and known as "ikwankwu." The girl's consent is symbolised dunng the c~urse of the proceedings, when she is handed a cup of wine. If she consents she takes a s1p and hands the cup to the bridegroom or to a member of his family. If she does not consent she ha~ds the cup to a Ul~mber of her own family. This .. I;Cremony •• _not an e~nt1al of mamage. Its celebration may be postponed, particulatly...if -the hri:dcgroom 1s poor and m such a case the marriage is said to be "private." "Any ch1ldren born are regarded, however, as belonging to the real father.

10

(12. 1t is also the cu:->lom in this clan In a case where a man ha~ no male IRsue to allow a daughter to beget children where she plca~cs, in the hope that ~he will give hirth to a son to carry on the family name. Any children horn hclong to the maternal grand-p;uents anU are regarded in all rc!->pccls a~ fully legitimate.

(13. Ukpor Villaxe.-ln the years immcdioHely hcforc the war the dowry in Ukpor ranged from £20 to ,1:;30. blucatcu girls were then few but they were usually married for a little more -£30 to £50. Today, the dowry ranges from £100 to £160, but the cost of marriage is further increased hy costly ceremonies. Tht. incidentals associa­ted with the "tying of cloth" ("cghughu" and "akwa") were formerly not specified but now they are becoming fixed and fixe<l high. A bridegroom is expected to give the parents at this time 100 yams, I 00 cncoyams and a goat. The ceremony is regarded as an essential of marriage and unless it is performed the husband would be ostracised in the village. The Committee are informed that at a village meeting the decision was taken that the ceremony must at all costs continue to be performed, but its cost should be limited to £5.

64. In this area it i · expected that the dowry should have been paid in full before the bride goes to live in the husband's house. Until the payment i• complete, the marriage cannot be said to have taken place.

65. The dowry payments and marriage customs are similar to those of Ukpor in other villages in the area, such as Nnewi, lhiala, lhembose, Ozubulu, Unubi and Orifite. The ceremony of "tying the cloth" (egbugbu and akwa) obtains everywhere and the general opinion seems to be that it should continue to be performed in its essentials. Much importance is attached to the presentation by the husband to his wife's parents at festival timer of gifts of yams, cocoyams and wine. These are presented hoth bef01e and after marriage and the desire har been expressed to us that they should continue, even though the dowry may be reduced.

66. In Ozubulu, the dowry varied in former times from 5 to 10 bags of cowries and a bag was then rated at £!. At that tim~ a 4 gallon tin of palm oil cost Is. The amount of dowry, therefore, in terms of real value' did represent a considerable sum in those days and from our enquiries generally at Nnewi it seems that the dowry now paid on an illiterate when viewed in this way has scarcely risen at all. The view was expressed to us that what is paid today is related to the general prosperity of the people.

67. We are informed that the Southern Onitsha District Councils proposed dowry should be limited to £40, irrespective of the education of the girl. From our enquiries, however, we find that there is a considerable demand that its limitation should be on a sliding scale, depenc;ling on the education of the bride.

The Ogidi Area 68. In Ogidi, labour services were rendered in the traditional form of marriage but

a dowry payment of yams, etc., also took place. Later dowry came to be paid in cowries and usually varied from £5 to £10 with £20 as an absolute maximum. Customary tributes are given at festival times. Three principal feasts are celebrated annually and on each occasion the man gives yams, fowls, kola and wine to the girl's parents. Nowadays it is more usual to give £1 in lieu on each occasion. After marriage, gifts on a smaller scale continue to be given at festival times throughout life.

69. An essential of marriage in Ogidi is the making of a small gift known as. the "uku-itor." It is usually in the form of a token payment of 3d and its acceptance by the girl signifies her consent. It is usually given after a substantial part of the dowry lw; been paid and thereafter the bride goes to live permanently in the bridegroom's house.

11

In a t.'dSt' l''f diw'n.'t', tht' "uku-itor'' is refunded o1ftrr n'paymcnt of the dowry and i~ l<'l.'<'ptan<T si~itres th<' ,fi»c>lutic>n of the marria!!<· A hu•band will not accept the "uku-it<'r" until after the dowry .ha• been refunded a• if he did it would mean he does not "i~h t1..' ~t hts money hack.

~tl. Dow'!· in Ogidi ran!!<• tod•y from [60 to {150. Illiterate !!iris are married for £t>tl to [SO and £100 is usually expected on a Standard YI pa•s.

71. In .Ykr~lk dow'!· ranged formerly from 10 to 20 bags of cowries. One bag was then ,-aJued at 30s. There were also certain additional items such as goats which ""re g;,-,n in kind. Today it is only £20 to £50 where both parties are from NkweUe though a stranger marrying an i\kwelle girl will be expected to pay a much higher dow'!·· Customa'!· presents at festi,·al times are important. On each occasion a man g;,·es 2 kola nuts. a pot of \\ine and 2s 6d to the elders of his wife's family.

72. In Igban'om the father's share of dowry was formerly £10 and the mother's share. which was paid separately was 20 big yarns (or 20s as its equivalent) and 240 seed yarns (or 12s as its equivalent). l'\owadays mothers insist on their share being paid in kind as 240 seed yams cost much more than 12s today.

73. In the case of child marriage, the mother was given 20 yams on the occasion of each festival or "akwali." At the time the marriage is solemnised, 10 yams are given to the father (the "Opupa-na-arna") and 20 to the mother (the "onine-ezi"). These are treated as fonning part of the refundable dowry.

74. Marriage is marked by the "Obuaja" cetemony for which the bridegroom must pro,ide 10 yarns, 2 kola nuts, a hen and the sum of Is 3d. The ceremony is performed by a native doctor before a juju shrine and involves handing the Is 3d to the girl. If she accepts it signifies her consent. Nowadays where the bride is a Christian the ceremony is usually performed in her ab!lence, her oral consent beforehand being accepted. Payment of dowry usually takes place after performartce of this ceremony.

75. The father's share of dowry today ranges from £20 to £60 and here there is not as yet any distinction for education.

76. In Umuoji dowry was originally paid in sticks of yarns and palm oil and later cowries came to be used. Before the war it did not exceed £20 and in 1946 £40 was paid. Today as much as £70 may be paid on an illiterate, and on an educated girl it ranges from £80 to £100.

77. A young man first seeks the consent of the girl by offering her a small gift of 6d or Is. If she accepts he goes to see her father, taking with him a pot of palm wine. The bridegroom is required to produce for the marriage ceremony amongst other things, a pot of palm wine and 8 kola nuts. A prayer for the happiness of the people is said over one of the kola nuts by the family head.

Awka Division 78. Marriage systems differ in different parts of Awka division, as the following

three examples show:

79. Umunze.-Traditionally, dowry was paid in labour services and later it came to be paid in cowries. The maximum was 6 to 7 bags, though often only 2 to 3 bags would be given where labour services were rendered as well. It was not fixed, but varied with the beauty and accomplishments of the girl. 7 bags of cowries in those day• was equivalent to £2 to £3.

12

SO. \\'hen a marriage was lln~t contract~U, the following ceremony took place! The ~·oung man was asked to pnn·illc a cock, c1ght yams and a pot of wine and the girl's motlwr w•cd this. food to prepare a meal. ~fter cooking, the neck of the bird was diYidl'd into two. The man took one half, lhpped it in oil anti salt and put it into the mouth of his future father-in-law. The latter then did the same with the other half, putting it into the mouth of his future son-in-law. In this way the consent of the family was demonstrated. Afterwards, the dowry was paid. ·

81. In this area, cowries were reckonctl as follows: 6 cowries= 1 count, 20 counts= 1 lump, 40 lumps (4,800 cowries)= I hag. They continue to be used for the payment of dowry up to 1943 when the current price was 16 bags equivalent to £8. It rose steeply during the years immediately after the war owing to the influence of ex-service­men and to the fact that the cost of foodstuffs was rising. People were getting more money from the sale of their yams and there was more money about. Traders often bid high for their wives and they have played their part in causing the upward trend. Today, the dowry on illiterate girls is £100 and on those with an elementary education £150. There are few girls with higher qualification here.

82. In this area, five feasts are celebrated annually and on each occasion during the betrothal period a suitor is required to provide the parents of his intended with a number of gifts in kind, the cost of which may be as much as £5 to £6. Before the bride goes to live permanently with her husband the feast of "okuka" is celebrated and this may cost the bridegroom as much as £IS. All are reckoned as part ofthe refundable dowry. Christians do not usually celebrate these feasts though at Christmas and Easter presents are generally given to the girl's father.

83. In this area it is not the custom for parents to make gifts of seed yams and cooking utensils to their daughter when she goes to her new home. It is regarded as the husband's responsibility to provide these, though frequently a few presents will be given a short while after the marriage. In the case of a Christian marriage, however, a father often gives his daughter such things as a sewing machine, an iron bed or a bicycle.

84. If the marriage is dissolved, the former husband is required to take an oath that he will not molest the wife. This takes the form of mixing fresh "egesi" leaves with water and drinking the contents. The girl's father is required to take a similar oath that he will do nothing to hinder the new marriage. Divorce in this area is not common as it must be accompanied by a refund not only of the actual dowry paid but also of everything spent on ceremonials during the betrothal period. All to­gether, that is a tidy sum.

85. Child marriage does not occur here, though child betrothal was formerly common. A man would select a girl for his son and would make periodical presents of kola and other things to the girl's father. However, the arrangement was not consi­dered ratified until the girl had given her consent.

86. The opinion has been expressed to us that the dowry should be reduced to £50 and should be irrespective of educational qualifications. Of this, the mother's share should be £10.

87. Njikoka.-Dowry was formerly paid in cowries and in the early years of this century it ranged from 10 to 20 bags, the cash equivaleot being £10 to £20. It was not fixed. 3 goats formed part of the traditional dowry and are still given today. By 1919 it had come to he paid in cash and had risen to £60. The incidental expenses on feasts at festival times were heavy. They are included as part of the refundable dowry and in this era they brought the total to £100. On each occasion yams, fowls, fish and

13

J'Hhap ... ~ ll ~~.t 1~lUSt l'\C" _pn.Wll1t~l.l.' .. ~·~HI_~, ft•:u:t:;, art' l'l'ldlr.lft'd ~llll.l\1,\1,1\ :, (_1) "llll~::. (ii) "Onwa ._.,.!\, \tor the lather). (111) ll11 (l<'r tlw motlwr) ;tn<l \"·) · ( lltil akwah (for thf' ~rl h<"~lf). Twt' Pr' them l'\lntHHlt' h' bt~ cdchralt'd .lftcr m.trn:l,!..:t'.

$S :\fam.lt-.~' IS $\ ml"~oh~t~d In thl' l't~n~nHHl\ Pt 'c.'~lll hiL'hl '}'he young tn.an rrt"'S('nf$ tht• f.ltht•r "uh .1 snull ~um llf lnlllll'\. li"ll.llh 2 ... (Id 01 ;:;, It Yarics frorn ,;n~ to ,·illa~e. At tht~ s..nnt' titne ht.~ .dso gin·s palm winl'. a l'llL'k anti kola. A cup of wine i~ otfrn.·d to the !(irl b'· ha bther. She tak,·,- a >ip .111d hand~ it to the youn~ man or his relative. ln this way her consent is s~·mbolisl'll. The n1oney is ~hared "'""""'n thr two families who feast together and pran-r> arc otrcrcd for the couple. The dowry is then fixed.

S9. Dowry fell during the depression in tht• ea rh· l'l30,- wlh·n 1 he range became £S to £<40. During the last war it rose and has continued to ri>e until today when £~to £12() is paid on an illiterate and [:120 to [200 on an educated girl. The older men say these high figures are justified because first. young men no longer render labour senices during the betrothal period and secondly, fathers ar~ put to considerable expense over marriage feasts.

90. The mothers share of dowry is not fixed hut ,·aries with the individual arrange­ment. It is usually £10 to £20.

91. The question of dowry has been discussed by the :'\jikoka District Council who consider it should be limited to a maximum of [:60, plus 3 goats. Of this, the Council says, the mother's share should be £10. Certain petty expenses such as the carrying of wine should continue as at present. There should be no distinction for the ~ucated and the presents gi,·en to the bride by her parents should not be regarded as obligatory.

92. Apata.-ln former times, child marriage was usmil in this area and a child wife used to pay ,;sits to her husband's house. The marrir.ge was not however ratified until after such a wife had reached the age of puberty. Then a meeting would be arranged between the two families and the young man would be asked to produce palm wine. A cup was handed to the girl who would take a sip and pass it to her intended, thus showing her consent. Her father would then ask her to accompany the young man home for a trial visit proper, which lasted 12 days. If on her return home she said she wanted to marry the man, her father would send for him. He would come with palm wine and the father would have a feast prepared. The daughter would be called to eat with her future husband. Afterwards, she would accompany him home and the man would start to pay the dowry. There was no fixed amount. He would pay 1 to 2 bags of cowries yearly and during each yam season he made a present of 8 yams to the girl's father and 2 to her mother.

93. The essential element in marriage was the performance of the "izuafia" cere­mony. The husband gave 3 goats and 5 pots of palm wine to the elders of his wife's family and 1 bag of cowries and 1 pot of wine to her female relatives. The wife was taken to the market where she was presented with a she-goat by her husband. Guns were fired to mark the occasion. Afterwards, the female relatives led the wife to her hu.r.band's house.

94. About 1913 a change occurred in the payment of dowry. It then became the custom for dowry to be fixed by negotiation between the two families, whereas previously the young man had paid according to his ability and no definite amount was expected from him. In that year the dowry ranged from 10 to 25 bags of cowries, depending on the beauty and accomplishments of the girl. In 1936, 40 bags were currently paid.

14

\lt~lll'\" c.tllll' 111 hl' ust"d in \11-l.:;;, "hen it rPSe to £l10. Tmhty it is £fJ0 to £90 for an

;:::,'~,"i:.~ ~~~·;:~<'~'',': 1:::.~~· \~~~ ~.~~~ ,;',1 :;: :·,·.~·,•,•·. . ;\,~··;~~~~,:~~~~~:::2~.~~ ~~~ ;~~:.:,~~:~.c c•:;~~t~~;; l'O$lS a hush.md about £1~. lt is the custnn~ lor a husband to pr<~scnt one lowl to htB fathcr-in-l.tw cadt \Tar for as long ;ts the m;trna.~l·lasts.

lJ5. Jt has l)l'c.n su~gt._·stnl tn m• t~t:ll t~ll' dowry ~hould he rcdu.ccd to.a. flat rate .of £20, irn·spcctivc of l'llucatio11 ,d qualdtctttons, the 3 goats to he m <Hlc.ltlUin to thts.

Nsukka Division 96. The down· toda\' ,·arics from clan to c\,m. In smnc areas it is as high as £HO

for :m illiter;.ltc girl. and .(tOO for otH' who has passed Standard Vl.

97. In Adaha the father's shatT of dowry was originally 3 cows, or in the case of a girl of high social standing who came to her husb~nd's house bedecked ,-..·ith ivory ornaments, 4 cows.. I.atcr money came to he used mstead of cows and the accepted values were as follows; \st cow J.:7 lOs lid, 2nd cow £:6 15s OJ and 3rd cow £5 I Ss Od The mother's sh:arc ("lhcnnc") was ori!--!in;d\~· paid i.n yams anU later a ca~h payment of 50s came to be Jcccptcd. (As a standanl of companson, a goat was then valued at 1Ss).

98. The performance of manual scn·iccs anU the presentation of gifts of palm wine and other things at festival times, both before and a[ter marriage also played their part. Nowadays these gi[ts often take the form of money and young men living away from home find it a burden to make periodical remittances to their wives' parents.

99. In the village of lgga, the people have agreed to reduce dowry to £30, £13 being to the father and £7 to the mother.

Awgu Division 100. After the war dowry rose to £80 to £100 but many attempts have been

made to curtail it to about £20 to £40. These have shown that where no restrictions were placed on the dissolution of marriage, it can be fixed too low. The divorce rate soars and marriage has little stability.

Udi 101. Dowry in Udi is not particularly high, only £25 to £40 being paid on an

illiterate, though that on a literate may be as high as £80. The cost of marriage feasts, (in Nkanu clan they are four in number) is however high.

Orlu Division 102. Traditionally dowry was paid in cows or goats. It was never fixed and varied

according to the individual arrangement. It ranged from I to 2 cows or 3 to 8 goat•. Sometimes a dane gun was given. Later cowries were used and were reckoned as follows:-6 cowries=) count, 10 counts=! ukwu, 400 ukwus=l bag. The maximum paid was 20 bags, having a value of £10. The mother's share out of this was about 2 bags. Money was first used about 1916, though cowries were still used for some time after this. Dowry ranged then from £5 to £12 or £14 as the absolute ma.ximum. There was no change until 1937 when it started to rise and by I 940 it was £20 to £30. In 1945 it was £40 to £50. Today it ranges from £80 to £200 and occasionally as much as £300 is paid. The influence of ex-servicemen, the rising prices paid for palm produce and the coming into vogue of women's education have all played their part in the upward trend. The beauty and character of the girl are taken into accoun,t in fixing the dowry, as well as her educational qualifications. Sometimes as much is paid on the head of a beautiful illiterate as on that of a less attractive educated girl, though gene­rally literacy adds about £50.

IS

. lttt \~·f" Rn' inlormc."d that al:tt·r 1 1 ro~·iding all tl_w bridal pre:-:cnt:-:., parents are left ",th \'t'f:'' hHir from tht• c.lc'~"T~- panl. Of what n·mo11n:o:. the.· _11\otlll'r rccei\'CS about on_ third. Thr molhrr dcl('·s lwwr,·~r n·eci\'(· many prescnt:-o from the.· bridegroom apaf! from thr do"-ry·. Thr ('(\Sf of inndc.·nt.tl expenses is high. 11

104. 'larria~c.· is tir:-:.t contr:1ctcd in the following way: After ohto1ining the consen of tht- ~rl. th< young man approach<'' her father with a gift of some wine. After tht ,_;ne has hern dnmk thr young man rc.·turns to his home and il th~ father approves 0~ tht match. he will ask his daughter to pa~· the man a trial visit. Thts lasts from 8 toll days. \\'~en she returns horn,·. she wdl he asked by her lather tf she hkes the young man and tf her answer IS yes .. he wdl he asked to bnng more mne and the relatives "ill be summoned. The girl IS then sent back for a second \·isit, longer than the fit'Sl. If. on her return she still wishes to marry him he will be called for settlement of the dowry. He "ill send several gallons of wine and the. rclati,·es of hoth families Will assemble. The matte• is then settled. Dowry is patd m mstahnents and when all has been paid, the father has a feast prepared, to which many are invited to celebrate the marriage.

105. \\'e understand the DiYisional Native Authority would like the following scale adopted: £

Illiterate girls Semi-literate (Up to Std. VI) ... Standard VI pass and over

40 60 so

106. The Orlu Tax-payers Association, however, would like a flat rate of £40 irTeSpective of educational qualifications. In Okwudor village there has been an unofficial limitation of £30 since 1949. When this was imposed the surrounding villages were approached by Okwudor people and asked if they too would impose a similar limitation. They did not agree and so men from other villages are expected to pay [4{) when they marry Okwudor girls.

107. The question of limiting dowry in Orlu was first mooted in 1952 and in the following year the matter was discussed by all the six group councils who submitted their recommendations to the divisional Native Authority. All advocated a sliding scale, depending on the education of the girl being married. However, we understand the matter was shelved when it first received the attention of the Regional Government.

Okigwi Division 108. There are 13 clans in Okigwi division and the marriage customs and amount

of dowry currently paid vary from clan to clan.

109. Uturu Clan.-Traditionally dowry was paid in goats and varied from 5 to 12. In addition, there were a number of ceremonies performed during the betrothal period and on occasion of the celebration of each, the young man was required to make certain gifts in kind. Eight ceremonies were celebrated in the course of a year and they were repeated usually for three years before marriage took place. They were as follows:-

(i) "Gbudugbu" visiting the market. (it) "lba-ahia" present to the mother-10 yams, salt, wine, a cock and

10 rods. , (iii) "!tu-Aka" ... present to the father-as for "lba-ahia."

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(i·;) "l:~~-t':,1.'\' (or present to the father of 100 sce<l yam•, salts, a he-goat and '"in c.

('~) ''.\chicha" presents to the mother of 10 yarns, wine, Aalt and 10 rods. (n') "lzn".. pn:sents tn the father-S hig yam•, a cock, a lar~e pot of

wine, kola, salt, pepper and tobacco. (7·ii) "Jkcji" rn·,;cnt to the father -5 hig yams and a pot of wine. (n'ii) "Ekc-iho-ama" prcscnb to the mother- I yam, salt and 8 bundles of

firewood. 40 rods were then cqui,·alcnt to a ~oat and were interchangeable. Later cowries

came to he used and were reckoned as follows:­(l cov .. -rics :1 count. 10 cuunts- I ukwu. 14 ukwus I rod.

110. lf the girl was not rea<ly for marriage at the end of three years, presents continued to he given on a reduced ~calc.

Ill. Coins were not in universal use until 1940, when dowry ranged from £6 to £10. It started to rise in 1943 owing to the influence of servicemen and by 1945, £15 was being paid. In 1947, it was £50. The upward trend was to a large extent due to the rising cost of living. When a divorce occurred everythmg spent was calculated and refunded, the refund being generally made in money. Today it is about £60 on an illiterate an<l up to £100 on a literate.

112. The ceremonies listed above are still performed today, though more usually they take the form of a small gift of cash. The wine is, however, always given.

113. The presents given to a bride by her parents include 800 yams, cooking pots, dresses, an umbrella, etc. They are valued at about £10.

114. Mba-ama Clan.-Traditionally dowry was paid in cows. Later cowries came to be used when it became fixed at 2 large baskets.

liS. Marriage is contracted the following way: Mter the young man has paid the fee for "Opening the Gate," the girl is sent to his home for a four-day trial visit. On her return the man sends her a calabash of wine. If the parents do not accept him as their future son-in-law, the calabash is returned immediately by a messenger. If they do accept him, it is returned the following day by a relative of the family. In this case, some days later a woman from the man's family is sent to bring the girl for a second visit. This lasts 8 days. During this period she is lavishly entertained and on her return to her own home presents of wine, soap, firewood, a large fish, dresses and £2 in cash accompany her. She also receives presents of coco-nuts, etc. from the young man's family. At this time the man gives a present of £3-£4 to the !llOther. This is spent on refreshments. Thereafter, visits may be paid at any time at will. The dowry is now fixed. Later the bridegroom gives a present to the bride known as "Ijedi," which is valued at about £10. Other customary presents amount to £20.

116. Today, dowry ranges from £60 to £80 on an illiterate and £100 to £120 on a semi-literate. A Standard VI girl straight from school may be married for £140 to £150, while two years later her dowry may be £200. Girls with secondary education are married for £240 to £250. In addition, much is spent on customary presents and the ceremony of "opening the gate" may cost a young man £12 to £15. The mother's share of dowry is today £10 to £15. She has always received a small share. If the parents are separated at the time of marriage the groom's relatives will decide what is to be paid to the mother.

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. 117. I:J,i,,- ('/an. -Tlw ;mwunt~ of Jowry now obtaining arc a~ follows: Illiterate .l.llll. Standard \'1 [l.'(l I<' [200. St•c-ondary qualifications [250 to £.100. The cus. tOnl3t)" rrt'St'lltS are particularly h1gh and amount to £80.

liS. Oboro C/mr.--Dowry was formerly paid in cowries, which were reckoned as folhm::.:-

6 l'OWries 1 count. 60 counts = 1 ola.

The dowr..- was 1,00(.) olas. An ola is now rated at 6d. Formcrlv a cow cost 500 olas. It i> no,;. £100 to J) Ill on an illiterate and [150 to [160 on a gi.rl with Standard \'!. Customary pre>ents claim as much as £80.

119. l. gboma Clan.-ln 1935 dow'!· was only £13, of which the mother's share was £3. Custom"')· present> claimed £1 !Os Od. It is now £110 for an illiterate and £200 for a Standard \"! girl. Customary presents amount to £80.

120. This is an area where there are many "Osu" or cult slaves. If an "Osu" aspires to marT)· a free-born "i\wafor" he will pay about double the normal dowry.

121. lsu Oclri Clan.-Traditionally, there was nothing fixed by way of dowry which was paid largely in labour sen·ices. As little as two fowls may be giv~n. The husband bears the burial expenses of his wife's family and much importance IS attached to this. Child marriage was formerly practised and it still occurs today. A girl may be married even from the day she is born.

122. Today dowry is about £90 to £100. There is no difference for the educated. It is di'ided into two parts:-

(i) "Aku-obu" or father's share, and (ii) "Epete" or mother's share.

Even today, money is not acceptable to mothers of this clan and they always insist on the Epete being paid in kind.

123. Aro-Ndizuogu C/an.-Previously dowry was paid in cowries and was about 9 to 10 bags. At that time a bag of cowries would purchase 2 goats. Today an iUiterate is married for £90 to £100 and a Standard VI pass for double this amount. Traditionally there were many customary presents but today most of these have been computed into money and are included in the main dowry. A goat and wine are always given separately.

124. Limiting dO'IJJ1'y.-There is a widespread demand in this division that dowry should be reduced and the demand is always for a sliding scale, depending ori educa­tional qualifications.

125. Tire Etiti Native Authority representing Ehite, Ugboma and Oboro Clans recommends the following:-

£ Illiterates ... ... 30 Semi-literate... ... 40 Standard VI and upwards .. . 60

In addition, petty expenses should be limited to £5 and should be refundable.

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12(1. 'l'lll' \lh:mo :"\:1tin: .\uthorit~· rl·commcml~:--

]I\ iterates

Standard VI ..

J .owcr elementary ccrtific;'ltc

Higher elementary certificate plus J:S extra for wine omd other !\!ati\-c customs.

127. The Ugiri Clan Council recommends:-

Illiterates

Semi-literates

and Standard Six ... the dowry to include all petty expenses.

BENDE DIVISION

]()

40

so 60

£ 30

40

so

128. Bende division comprises a number of clans, which are grouped together into four federations:

(i) EluEiu.

(ii) Ala.

(iii) Odida Anyanwu.

(iv) Owuwa Anyanwu.

129. In the first three, conditions are somewhat sim'ilar and fairly typical of the Ibo area in general. But in Owuwa Anyanwu they are very different. The people of this area, although Ibo-speaking, have a marriage system very different from the tribe as a whole. The dowry currently paid is comparatively low and inheritance is mainly from the mother's family.

130. The Elu Elu Federation.·-This consists of nine clan' and the dowry and the customary presents vary from clan to clan. Formerly, dowry was paid in brass rods. This is an area where child marriage is common and all presents given during the period of child betrothal are treated as refundable. Labour services are important and they are calculated as part of the refundable dowry. If a young man is working away from home and is not in a position to render such services himself, they are generally rendered for him by his brother or other relative.

131. The amount of dowry has risen considerably since the days when brass rods were used. It started to rise slowly after the years of depression in the early 1930s and during and since the war it has risen more steeply. Ex-servicemen are largely blamed for this. Today there is a big difference between the dowry on the illiterate and educated. The following figures do not include the cost of the wine given when marriage is contracted, the value of manual services or the presents given to the bride by the bridegroom after the preliminary visit to his house.

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lmmmt ptJid l)rcsr·nt /)mcry

Clmt in hrms rOll ---l'nedurated Educated -------- -------- ----- ------

[ s d [ s d £ s d Bmdr IS u (I 30 50-100 0 Oruitem s 0 (} 25 30-70 0 l'muhu ... 5 0 () 25 50-90 0 lgbe, 3 0 0 IS 40 0

lt•m 3 10 () 30 0 50-100 0

:\Ja,·i ... 3 10 0 12 10 45-50 0

L"~l.lek• 1 10 0 15 0 20 0

L"mu-lmenyi ... 20 0 0 60 0 60-170 0

!tu 7 0 0 60 0 120 0

--l32. -n;-.- pr~hlem ~ been fully ~;sidered-b;-cl;-;ouncils and ~y the Federal :\ati,•e Authority as a whole. The various clan councils first put up their proposals as to what th•y would like dowry to be limited to. Only two of them propo~d that m~re should be paid for the educated and when later a full meeting of the Nat1v~ Au~ho~lty was held to discuss the matter it was decided that these proposals were bad m pnnclple and that the creation of a social caste between the educated and the uneducated was something to be avoided at all costs. The Native Authority decided that dow~ should be limited by legislation to a maximum of £15. This does not include expenditure .on customary presents, wine and manual services during courtship, whic~, the Native Authority said, should continue as usual. The mother's share of dowry IS about one­third.

133. The Ala Federation.-Traditionally dowry was paid entirely in lab~ur servi~s. Later cowries were used and afterwards it came to be paid in manillas. Ch1ld mar~~ge occurs in this area, though it is not unusual for a man to be disappointed after giVIng pn::aents for a number of years in respect of his child wife.

134. The equivalent in cash of the amount paid during the manilla era was £10 ~o £15. Now £35 to £40 is paid on an illiterate and £60 to £120 on a literate. This includes petty expences. The F~deration want the upper limit to be fixed at £30 for an illiterate and £60 on a literate.

135. Today, the question of choice in the case of an educated girl lies very largely with the girl herself, though in the case of an illiterate, the parents' wishes may prevail.

136. The Odida Anyanwu Federation.~onsists of a number of clans. Conditions differ slightly from clan to clan and as the matter has not been considered by the Federa­tion as a whole, we give particulars of a few clans:-

137. Ubakala C/an.-Traditionally dowry was paid in labour services and gifts of tumbo wine. Afterwards cowries and later manillas were used. During the manilla era dowry never exceeded £15 though from £3 to £8 was more generally paid. It rose alightly during the war years and went up steeply when the soldiers returned from

138. The question of fixing dowry has been considered by the Ubakala Clan Council, who hav• decreed it should be as follows: on an illiterate £35, of which the father ohould receive £25 and the mother £10;.on a girl with Standard VI pass, £100, of which the father should receive £70 and the mother £30.

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I.''J I In~ rcprt·~cnts a hea\·y premium for education which the council says is pt~tilled /11r t\\o reasons. Firs.t. girls \\ho h<l\'C received some professional training tJ-.oually ~·ontHllll' working after marriage, much to their hushanUs' advantage. Secondly hushand~ arc not willing today to help their parents-in-law as they were in former timee. llowcn:r . ...;inn: arriving at this Jec1sion the Council has had second thoughts and wonders ''·it ha' not fixed the dowry on the educated heyond the means of the ordinary man. 'I he Council further says that inter-clan and mtcr-tribal marriages are to be encouraged and if there is a uniform dowry throughout the whole Region they will be greatly facilitated.

140. Traditionally, the question of choice depended ultimately with the parents and this still ohtains today. At th~ time when the dowry is paid, the suitor gives feur bottles of gin, one to the father, one to the mother, one to the male relatives and one to the female relati,·cs. The acceptance of this drink ratifies the family's consent. The suitor also pays a token fee of Ss for settling the dowry.

141. Ohulm Clan.-Before the war, dowry ranged from £10 to £15. It is now £30 on an illiterate, plus £5 for customary presents and £80 to £100 on a literate girl. In the latter case, there is nothing specified for petty expenses. The mother's share ia fixed at £10.

142. !be/m Clan. Formerly dowry was paid in cowries, having a cash equivalent of £1 to £3. Later manillas came to be used and the amount rose. They were rated at six to the shilling. During this era it did not exceed £8. Manillas continued to be used up to 1944, though currency had been introduced before this. After the war it rose steeply and the ex-servicemen are held largely responsible for this. The amount currently paid ranges from £30 to £120. Educational qualificatiom are taken into account and an illiterate girl is not usually married for more than £60. We understand the people would like dowry to be limited to £20, irrespective of education plus £5 petty expenses which should form part of the refundable dowry.

143. The mother's share at present is of the order of one quarter of the amount paid.

144. Formerly the question of choice lay with the girl, though the parents had the final say. Nowadays they rarely withhold their consent.

145. O!IJkoro Clan.-Formerly cowries were used but it later came to be fixed at 120 manillas which were equivalent to £10. Manillas were still used up to 19# when the dowry was about £20, irrespective of education. It rose in 1949 and the increasing cost of living is held largely responsible for this. Today, the dowry on an illiterate is £35, of which the mother's share is £12 and on a girl with Standard VI or a higher qualification it is £80 to £100, of which the mother's share is £17.

146. Umuopara Clan.-In early times cowries were used, having a value of £10 and labour services were rendered in addition. In 1920 dowry was 60 manillas, valued at £12. Currency was first used in 1930, when it ranged from £10 to £20, there being then no difference for the educated. Today, dowry on an illiterate is about £60 and on a girl with Standard VI £80 to £120. The mother's share in each case is one quarter of the amount paid. It rose in 1945 due to the influence of ex-servicemen and the high cost of living, when the current amounts began to be paid. Limitation to the foUowing scale has been suggested to us:-

£ Illiterate girls .. . 35 maximum (including petty expenses) Standard IV-VI ... 55 maximum (including petty expenses) CoUege trained . . . 65 maximum (including petty expenses)

The mother's share in each case to be one quarter.

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l.f~. J'hr ( kl'l~~·~~ ·fn_nlnfCII rr,/t?"~lfimt. :\s :Jin•:td_\" pnir_lll'd OUt _thl" pe-ople ?f thia an·a ~n· ll'o-:-o.pt·:lk.m~. though l'Pihhtums to~~~~~- a~· \Tr~· ddltTt'_nt frn111 t~ose !" lbo ctHII\tn· Cl'llt'r.tll~. ~,·t~tlfduu: to llw ':'"'~ t~l ~~tlu-r_ttance tht" cl11l_d_rcn do mhcra Ctr~ u.in th.m_cs lrtHH tht·n latlu·r. thtlll_!..!h mlll'nl:llll"l' 1s m:tinl~· m;ttnl_llll'al. Most farm .. in~ l:lnd is ht'ld t'tHHTH~IIlu:tl~y 1,~ m.ttrili.in and is_ p:t~s~·d 011 :n-curdmgl~·. although if • man dt•;lrctl an art·:t nf '1q . .:m l'u~h and stakt•d Ius cl:um to 11 such land passes on his dt~a.th din•ct to hi~ Still:-:..

1-4-S. In, it•w tlf till' ronditinn~ in the surrot_mdin~ arc_a~ when· t_hc amount of dowry h.as snared in rcCl'llt yt:a~ o.md where 1herc 1s a hag dlllcn:ncc tor thl· cdu~ated, it is indc:cd surprisin).! to rind that in lh_is an~a dowry is Jow, lh~·n.~ is r;!rl'ly ~difference for till' educ:Ht•d anJ all ttw usual soclalcnls arc ahscnt. r\'cathcr Lhe nsc rn t~e cost of li,·inc: 1wr the intlul·ncc of the returning l'x-scrviccmcn nor th<" cost of cducatr~n has atft-ct~d the marria!!<' system which remains today fundamentally the same as In the traditional fornl.

149. As in the other Federations, there arc several clans: -Ahiriha ('[an: Traditionally dowry was paid in labour services a nU tu mho wine. L~ttcr brass rolls carnc to b~ used 1

when it was fixed at 140. A rod was valued at 6d whtch makes the dowry equtvalent to £3 lOs Od. Today, the amount actually paid in cash together with all incidentals is fixed at £6 Ss 6d.

150. After obtainin~ the ~irl's consent and the parent's consent, the young man approaches the family with wine and meat valued at 2s and in this way the engagement ' is formallv announced. If he is so inclined, he might give a bottle of whtsky, but for the purpOses of reckoning dowry the cost is still 2s. The next step is to perform the ceremom· of "l\kpola Ulo" which involves giving the sum of 2s 6d to the parents of the girl. D~ring the courtship period the young man may take over the cost of educating the girl if the parents cannot afford to do this and have no objection to the proposal, but this and other services rendered are not taken into account in reckoning the refund­able dowl')·.

ISI. During this period the young man performs the ceremony of the "Mai Ulonta" which involves the presentation of palm wine and meat to the father, the mother, the head of the father's family and the head 9f the mother's family. Each is valued at Ss (total £1). He is further obliged to give token presents of Is to the girl's parents three times a year at "lriama" (July), the New Yam Festival (September) and "lgwamang" (December) for as long as the engagement lasts. If this is for three years the cost will thus be 9s. In the final year of the engagement, the "Ewu Nso" ceremony is performed, which costs the young man £1 2s Od and a further present of wine and meat is made to the relatives to announce the date of the wedding. This is known as the "Mai ikwunibe" and is again valued at Ss. The actual dowry is £2 !Ss Od for a farmer and £3 Ss Od for a trader or civil servant. One might conclude this is because trader and civil servants are regarded as amongst the more weo.lthy members of the community, but such is not the case. A farmer is expected to render certain labour services during the betrothal period, and hence the difference.

IS2. The actual marriage ceremonies are many and varied and depend on the social status of the families involved. They are not included as part of the refundable dowry. The two families meet shortly after the celebrations and take stock of the total amount paid. These figures are recorded in a "contract of marriage" which is signed by both parttes.

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1 ~;J. In n:cent years the tendency has been creeping in for parent• to demand a hi~lu·r .dowry on th_c1r educated daughters, hut no case is known where more than £15

f~:·,~a~~~~:~~~~}:,~':;'[,t;o~:r '::-:e~a~~~r~~:~l:~:l~~~s:~~~le dowry of IOR for every surviving

154. lt is surprising to find that strangers pay exactly the same as natives of the ~;,~~~t::~~~~~.;'~;'1~:;X~i.es do not allow their daughters to he taken away permanently

155. We arc informed that in spite of the fact that more is not usuall~ paid for the educated, parents do educate thc•_r daughters 10 o~dc~ to enhance their prestige and to secure more h•ghly educated sons-m-law_ lmmorahty,. rare and prostitution is unknown in this area. lt is no~ only discouraged by social ostracism but heavy penalties are exacted to redress the InJured party and young men who tamper with virgins are com­pelled to marry them. Marriage for both men and women generally takes place early and any bachelors and spinsters who remain as a minority in their age-grade are shunned.

15(>. It is not surprising to learn, therefore that the Abiribas are happy about their marriage customs and desire no change.

157: In Nkporo Clan, the maximu~ dowry paid is £5, though it may be paid entirely m labour serv1ccs. .In Ohafia 1t 1s up to £10 on an illiterate and up to £15 on a girl with elementary educatiO.n, th?ugh as httle as £1 may be paid on even a college trained girl. In Akanu Clan, 1t vanes from £1 to £10 on an illiterate and never ellceeda £20, however high the educational qualification. Nowhere in Owuwa-Anyanwu Fede­ration is there any desire for change.

Aba Division

158. The Ngwa Clan.-Traditionally, dowry was paid either in labour services or in yams. Later manillas came to be used and it was fixed at 2,800, which, at 6 to the shilling, is approximately equal to £25. Out of this, the mother received £5 and [.3 or [.4 went to the relatives. The use of manillas did not cease finally until 1948. Dowry rose when the ex-servicemen returned in 1946 and £60 to £90 became current for the olliterates, while as much as [.120 was paid for the educated. These figures obtain today. If the dowry is £90, the father's share would probably be about £60, while the mother receives £20 and the remaining £10 goes to the relatives and to petty expenses.

159. Traditionally, the young man made his intentions known to the girl's father by presenting him with a bottle of gin (valued at 8 manillas) and a jar of "tumbo" (valued at 2 manillas). Nowadays, these are generally converted to money. Later the relatives were summoned and the suitor was asked to produce 2 bottles of gin and 2 jars of "tumbo" {cost, 20 manillas). A cup of wine was handed to the girl, who took a sip and handed it to the young man. In this way, her consent received outward manifestation. The man is then required to pay the consent fee "ekwe~ di" ~hich I? day varies frf!m [.2 to £10. Child betrothal was formerly common, dunng wh1ch penod labour 'SerYJces were rendered. These were not treated as part of the refundable dowry. As from 1946, marriage has usually been accompanied by a written agreement.

160. Today divorce is common, while prior to 1946 it was comparatively rare_ This is due to the fact that a young man finds it cheaper to entice away another man's wife than to marry an unmarried girl. It is the practice to grant divorce as soon as [.20 has been deposited either in a Native Court or with a village elder. The balance is treated as "payable when able" and the onus of provi!lg that. the. original dowry did in fact exceed [.20 is left to the former husband. Th1s practice IS a legacy from the days of "Warrant Chiefs" who first imposed the rule.

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If\ I Tll1" th""" ~,:w• Ruul I )istrifl l 'cmnl·il!4 an- \'''tml't"'rrH·tl uhnut thr hi_l(h do~ an,t thr J'lt'\illr"lhT ,,1 dn·clh't" Knd tlw~· rt"l'f'ntly hrld a mn:t:t ntrc·t•n){_ tu thMl~\18..."\ the n•attrr. 'l'hr~·. h.,,. ,ln·adf'\t ''' int~~,,IUl't'_ marri•Jlt"'. rui~N intd the· arr.u ut their, ~uthority and thr ,"\U1umtt« h~tos h(·c·n :ot.Hpph~tl With 11 tlratt ot what thr;.o prnpoHt". I he lll&in J,>\\n· ish> tw lnmr-c-.1 h• ,(}0 ol wh,,·h {.!ll i• thr f•tlwr'o •h:ort· :ond £tO tht• mothtr'a aharT·. l'"th '''ll("n:rroc·s tu-.:· ltl l\t:" lim11t-d hl £5 and thr rulr!4. spC"l·if~· to whmn they shall t-r l"'"l. Th" ore· trr.ltrd as 1'"'1 ,f thr n·futhlahlc• duwry. Th<'\' :tloo otipulatt that J 1,·on"'" n,.,. l\C" ,:r.tnf\"'\lt\1\ly h~· ~~ :\.~tin· l'tl11rt auut cml~· ~•ltt·r thr totnl nrnuunt paid 11 ,i"" n·. in,·in,lin.: prll\' rxJ'<'nOt"tl. l1:1s l>r<"n ~1•o.•itrcl nl thr Rul'lll lliotrict Council ()lth..;_ In tlu• rrs1-r.'l. thr mlr• :m· nut intrndrd tu hr rrtro.•p<"ctiw of their elf~ and th<-\' "'ipulatr that in thr <~tsr ,,f a marri"ll"' contr:tctrd hdnrC' thr <"oming into OJ'f'r&tic>n uf thr nolrs. thr actual •m•llmt uf dowry paid, indudin,.-: prtty c·xpen~es rnu91 1\f' drp<,.itrd. In this.,. .. ~. thr Council hut"'" to cut thr di•·c>rcr nll<'.

l!ll. 1'1" .41>.1 l'rl>ft />isrn·c"l ( 'ouncil. has <'tm<i,lrred th<· 'lll<'sti••n of limiting dt>wry· an,t ~""'lit'"" it should he• lixrd :1t [..15, mdudinl{ pt•lt_v exp<nscs, as has beei\ d«i.t.-..1 h•· thr thrr<" Rural lliotri,·t Coutwil~. In \'i<"w of th<" fact that the population of th<" "'":ns.hip is lary.:rh· nl.<mupulitnn :nul th<" majority marry ontsicl<' its borders tht Council di,l ou>t at tirst prnp<l9r to f..rmulatr its own marriall" rul<"s. We understand, ~\'t'r, that th<" manN will ""-'t'i>'t' fun her <'tmsidrration.

tf\..1. n, .4JYJ ('/..,. · Fom><"rly dowry wa~ pnicl in monilias to tht' value of £25. Out nf thisthr bth<-r rr.'t'i\T<I [15 and thr mothrr [.10. lt later fdl tu 1,200 manillas, ~ui•'111rnt to [.Ill. Thr f.rhrr rr.'t"i>'<'<l SOO and the mother 400. Tht' n<e of manillas did not tinally <'t"asr until ~~~. Tuday th<" dowry is [.!>ll to £~0 for an illiterate girl and up to £100 f..r • liter.rr. th<>n~th in this clan rducated ~iris nrt' few in numhel-.

IM. Child marria,.-:c.- was pra,·tisrd in former times and still O<'<'tlrs today. All ~·~~::~·~~~~~i~R ~~-~~:.~:rrial!" and before the girl comes to live in het

lbS. The followi~ <'e~mony is assm'iatrd with marrial!" in this clan. The young man is called to a gatherinl',' of the family snd he brinll" with him 8 kola nuts, 8 jan of ''tumbo." a bonlr of gin, a head of tobacco and halfabonleof snutf. The consent of the family to the marri~ is syn>bolised in thr breaking of the kola. A cup of wine ia handed to thr girl, who will taste it and pass it to the bridegroom. Dowry may be paid eitber befo~ or aftr.r thr ~mony.

lbb. The 1'\ative Authority wishes to limit dowry to £40, of which £20 is to go to thr father, £15to thr mother and £5 to the bride.

Owerrl DiviaiGD 167. Owuri Division consists of six clans and marriage customs differ slightly from

clu to du. Cowries were formerly used throu~rhout Owerri Division and the method ol c:alculati11g the8e may ~ of interest : •

6 co'l!l'lies lai ego or I count. 10 lai rg.> 1 ukwu (60 cowries). 20 ultwu ·= I nnu ego (1,200 cowries). 20 n.nu ego = I Oau nnu ego (24,000 CO\\'lies) or 1 bag. 10 Ogu nnu ~go = I Ohu nnu ola.

'I1I1II "Ohu nnu ala" was the dOwt)'.

168. Or.u. C .... -Fonnuly cowries were used. The dowry was fixed at 10 bap,

::. ~ C:..:::. ors:r.::~.Y ttfe1~therS::Ush~~=:y =l~ !:tta th'::o~': Zt

•hare wa• £3. In a.J.Jition, cuatomary preaen!B were given to the f h h' h Id ,·nst 11hout L) ""'~ ~o t~e mother, coatinM ahout £1 ~Os Ol Thua the cos~~t;e~i~c m=ed "'"". L.l H lOs 0_.1. I he mftuencc of •~rvtccmen dunng and after the war cauaed t~e do tn ns~·· Dunn~ the war the father a share ro~e to [.25 and the mother's to £10. T~ wao httlc chan)(e on the cuatomnry presents gtven. The cost of gett" · .1 d · thi• •·ra was thus about £38 lOs 0.1. The following figures now ohta:~~ marne unng

Uneducated: Father's share Mother's share

Cu•tomary presents Totnl

Stnn.lnr.J Six an.J upwards:

Father's share up to Mother's share up to Customary presents

Total

£ ... 40 ... 25 ... 25 ... [.90

[. ... 100 ... 25 ... 25

£ !5! 169. Child marriage occurred and the parents of a boy would give preaenta to the

parents of a p;irl whom they had in view for their son's future wife. However, the girl had to give her consent when she came of age. If she refused the marriage, everything giwn n• presents was refunded.

I 70. 'I 'he presents which a bride receives on going to her new home are stipulat.:d hy custom and follow a definite scale. The father gives a dog, a hoe, and a matchet, etc. The mother gives yarns of various kinds, kitchen materials, golltS or fowls.

171. At the birth of the first child, the husband is required to make certain gifts to hie wife's father and mother and to the youths. All are laid down by custom.

172. Mba ltoli lketlun. Clan.-Fonnerly dowry was paid in cowries and the fathcl''a share was equivalent to £12 lOa Od. The mother's share was equal to half that of the fnther. Sometimes it was paid in cows and 2 cows would cover both the lilthar's and the mother's share. Money came to be uoed iD 1918 wheD the dowry- £12 lO.Aid. (This included both the father's and the mother's share).

173. Dowry started to rise in 1940 and by 1945 it had reached £20 to lJ.S. Today it is £80 to £85 for an illiterate and over J:lOO for a literate. There are cases where as much as £145 has been paid. Child llliii1'iage oa:um:d, but it is now dying out.

174. Ngor Okp<Jill Clslo.-Fonnerly cowries were uoed. Tbe father's share was "ohu nnu ola" and the mother's share was "DDu ola ise," or ooe quarter of that of tlae father. Money replaced cowries iD 1919 when dowry WIIS £12 lOs Od. The ~s. share was £10 and the mother's J:2 10s Od. As iD Mba ltoli lkeduru ClaD, 2 cows might be given as the total dowry. It started to rise iD 1940 and today it ranges from l."!J to £100 and occasionally over ,t;IOO is paid. Child marriage occurred. ABy dot!'-es g.t­in respect of a child wife were not ft8Vdecl as refuodable, though any ->' gtVCD was.

175. Ogula Clslo.-Up to the time of the First World War dowry was genera!fY ~e: =! ~ :.:~n: ::Zr~:. ~ ':!::U~O:~~ .... ~ The mother's share was "Ohu iheasaa" (about l,3 lOs Od or GDO tbird ofthefatiou'sat.e).. The use of cowries disappeared abeut 1933 wheo tbe cumtRt price was ,CIS (tidtlr'a

25

Owa•i E itioD tiJOiilu of ... daa ; were formaiy Uled tbr( beofiakrat:

' = &iepo f) z:: 1 ubru (

= lnnuec• JD = IOann nueco = 1 Oh~.-....... .£,. ~

,m.,.... .{1 ~- m.,thrr'ssh~TT .(3). . lt rost-aftrr the last war to £1:>0 to £SO and today it ;8

up to {15tl. In th.s d•n thrn· .s no dt'lini!t' distim·tion for thr literatr ami as much llll £150 ma\' I'<' paul ''"an llhtrrate.

171:>. Child m:1rria!!'' ,,..,·urrTd thou~h it was nevt•r ratified until the J::irl had reached the &!!\-' of dt"<.·i,lin!= for ht•rsdf. .\nv presents ~i\'l•n may or may not he regarded 38 l"<'fundabk. a,·,·ording tn tht• inJi,·idual arran~ment.

I i7. Customary drink to tht· value of £3 is gi,·en at the time the dowry is settled and this is refundahlt•. Other ]>etty expenses come to £5.

17~. Ohoh<l C/arr.-C'owries were used formerly, the cash equivalent of the father's Mal"<' hein~ .(10 and the mother's share [5. The use of cowries disappeared in 19)8 when the dowry was £25 (father's share £20 and mother's share £5). lt rose in 1946 when £40 to [60 came to he paid on an illiterate and up to £100 on a hterate. The same obtains toda\·. The mother's share is not fixed, but vanes accordmg to the indi,·idual arrangement. lt is of the order of £20.

Ii9. Child marriage was formerly prJctised, but is now dying out. 180. :\fbaisr Clmr.-ln this clan there is now a ''ery heavy premium for education.

The do\\TV on illiterates ranges from £80 to £120, on semi-literates from £150 to £!60 and on a girl \\;th Standard \'1 £200 or more. Girls with secondary qualifications are not usually married for less than £250. The mother's shar~ -:aries. If the dowry is [,80 it may be £20; if £200, it may be £50. The amounts pa1d m thts clan are higher than in any other clan in the di\'ision and there is some evidence to show that they rose in this area first and the rise in other clans was to some extent due to the influence from this area.

181. Generally speajt.ing, the amount spent on petty expenses in all clans is high. 182. Limiting DCJfD1)1.-The people of Owerri division have been concerned about

die soaring dowry for some time. The Oratta Native Authority has laid down the scale of customary presents, the value of which is as follows:-

To the father and elders ... To the youths To the mother ...

Total

£ s d 2 2 0 0 13 10 3 2 0

... £ 5 17 10

183. The Native Authority has further stipulated the presents which a bride should expect from her mother. These are valued at £6 Is 6d, while those from the father come to £4 l'k Od. We note from the draft "Marriage and divorce rules" which have been prepared, that the father is not entitled to receive the normal customary presents payable to him if his daughter is proved to the satisfaction of the village elders to be "Non virgo intacta," The rules contain a further provision that it shall be a punishable offence to harbour a married lady for more than 24 hours. The limitation of dowry haa been discussed by all six Native Authorities, and the following are their recommendations:-

{, {, l., Mbaise: Illiterates .. . 40 Sttndard VI... 60 Secondary 80 Mba ltoli: I_lliterates .. . 40 Standard VI... 60 Secondary 80 lkeduru: Illiterates .. . 40 Standard VI... 60 Secondary 80

Oratta: £30 for all girls; the father to receive £20 and the mother £10.

26

'\ ~or-Okpala: [311 for all girls; the father to receive £20 and the mother L 10. Ohoba: L..'O fnr all girls; the lather to receive £20 and the mother £10. ( lguta: [20 for illiterate ~iris, [30 for educated girls.

I H4. A general meeting was held on 11th September, IIJ54, which was attended hy ,dJOut .100 people, including representatives from all Native Authorities and the six :'llrmhe., of the llouse of Assembly who represent the division. It was decided that a uniform Uowry shouiJ operate throughout the division, to facilitate inter-clan marriage& and the limit decided upon was £30, irrespective of educational qualifications. It was further decided that petty expenses should be limited to £5 while the presents ginn to the bride by her parents should he left to the financial means of the parents. It is understood that this limitation was not at first welcomed by the representatives from Mbaise and Mba Itoli lkeduru.

Ahoada Division 185. Jkwerre Cla11.-Formerly dowry was paid in manillas in Ikwerre Clan and

was fixed at 2,400, equivalent to £24. In addition, four bottles of gin, valued at 6s a bottle were given. Three of these went to the bride's family and the fourth to the people who gathered to settle the dowry. The manillas were paid by instalments; it was regarded as anti-custom to pay all at once. When the bride went to her new home she was given presents of yams and cocoyams, cooking pots and goats by her parents and in addition two slaves were sometimes given. If divorce occurred, the slaves, together with any children of the marriage remained with the husband. The parents had the most importan1 say in the matter of consenting to the marriage and child marriage occurred, though in recent years it has bel!n dying out. Labour ser­vices were rendered both before and after marriage and if divorce occurred theae were regarded as refundable. Their value in such an event, was carefully calculated in terms of manillas or cash.

186. During the years immediately after the war the cost of getting married rose to as much as £ 120 and ohly the rich could afford such a sum. Of this the dowry proper amounted to only £24 and the balance of nearly £100 was petty expenses and as such was non-refundable. As much as £10 was given as the mother's consent fee. Of the £24, the mother's share was £7 and the father's £17. This, however, was not uniform throughout the whole of the clan. In some villages it was more than £24 and in others less.

187. Marriage Rules are now in operation in the clan. Since they only came into force on 1st August, 1953, it is too early to assess how they are working. Before they were formulated general discussions were held in ail villages and much propaganda was given to them before they were put into operation. They allow no difference for the educated and their main provisions are as follows:-

Dowry: To the father ... To the mother

Petty Expenses:

£ 20 10

£ To the male members of the bride's family 3 To the female members of the bride's family... 2

188. All marriages are required to be registered within seven days of their celebra­tion. They omit any provision for divorce. The rules are generally acceptable to the people though the objection has been made to us that the maximum dowry should have been fixed at £24. However, since the petty expenses are treated as refundable, the

27

rules d" all<'"_· for a pa1·m~nt of [24 and in an~: ca~e. since there wa< no uniformity in the d:m pnor t<> then mtroJuC'Iu>n, a compromtse had to he reached.

1 ~ll. Frrhr CJ,,,,_ --Formerly dowry was paid in manillas and was never fixed. \\'hc:-n it w.1~ ~ettlt-J the hride's father would give a quotation which might range frorn 50 to 4.ll\lll. The:- hride~m usually paid something then, hut, howc\'cr small the amount ~i,·c:-n. he was allowed to take awav his hride. There were occasions when no pa~·rnent. was made and if later the girl ~ame pregnant: nothing was ever demanded. The important point was whether or not the parents hadg11·en thetrconsent. By custom, the dcm~- was nt'I"Cr paid in full and if more than I ,200 manillas were paid, the girl Was regarded as a sla1·e. Parents are keen to give out their daughters in marriage for two re~sons: First. to secure the labour services of the bridegroom after marriage, and secondl1·, to obtain assistance with their own burial services. Child marriage was former!~- pre\'alent in this clan and all presents given during the period of child betrothal were regarded as refundable.

190. There was custom that when a baby girl was born, the husband gave a present of one manilla.

191. :\larriage is associated with a series of ceremonies and in the 1930s the cost of these ranged from £10 to £15. The preliminary drink (which is "tumbo" or raffia­wine) cost £1 to £2. The mother's consent fee which was paid in the form of camwood, yams, cloth, chalk, meat, etc., would cost £3 to £5. The bride paid a preliminary visit to the husband's house which lasted two weeks (though on occasions it turned out to be a permanent visit). On he~ return to her parent's house she was given presents to the value of about £4. The hesband then came with members of his family to settle the dowry ("mai ukwu"--the highest "tumbo"). He then gave a token fee of 6s. Nearly all the expenses incurred were on behalf of the mother and the wife herself. The father recei\'ed little or nothing.

192. The custom of fattening obtains in this clan. After the wife has been living with her husband fora year or so, she returns to her parent's house fora period of eighteen months to two years. During this time, she does no work and naturally grows very robust. The parents are compensated for what they spent on their daughter and the cost to the husband before the war was £15 to £25. It was his duty to provide such things as a bed, a mat, a lamp, ornaments and a mirror, etc. They were given to the mother-the father had no share. If the husband did not do this, the marriage was dissolved automaticaily, though he was allowed to keep the child if one was born.

193. The expenses which a man incurred on the burial services of either of his wife's parents ranged before the war from £10 to £20. He gave according to his wealth. Often a cow was given for the burial feast. If his wife was a first daughter, the expenses were higher. It was her responsibility to provide the coffin and this was naturally paid for by her husband.

194. Traditionaiiy, divorce was very rare in this clan and even today it is far from common.

. 195. During the years immediately after the war, the cost of marriage rose very h1gh, largely due to the influence of ex-servicemen and of strangers who paid more. It brou~ht :"'ith it ail the usual attendant evils. Girls flocked to Port Harcourt to practise prostitution and many cases of abortion occurred as by Etche custom for an unmarried woman to have a child is regarded as an abomination. Those girls who remained at home did not usually marry at the proper time and by Etche custom, a woman is expec­ted to be a mother by the time she reaches the age of 21. By 1950, the dowry had reached £120. The consent fee was as much as £15. The money was found either

28

hy contributin~ to lsusu clubs for a period o( up to ~() years or hy the man and his ":ifc scr\'ing the person from whom he borrowed the money in a form of bondage until the debt was paid.

I%. Marriage rules along similar lines to those of lkwcrre came into operation on 1st May, 1954. Elaborate consultation took place before the rules were made and they ha,·c been received joyfully by the people. As in the case of the lkwerre rules, provi­sion for divorce was omitted and it is understood that an amendment to the rules is in the course of preparation.

197. Dy custom, burial fees form part of the refundable dowry, though the Native Authority in limiting petty expenses has cut them out from the reckonable dowry, as it regards the custom as a bad one. It has been the practice in recent years to regard financial assistance given by a man to his wife's parents after marriage as part of refund­able dowry, though presents of meat and yams, etc., given after marriage are not so reckoned.

198. Ogba Clan.-These consists of three groups:­(i) Osomini (ii) Jgburo and (iii) Egi.

At present the dowry varies from group to group. The customs are somewhat similar to those obtaining in Etche clan. The preliminary visit lasted 4 days, or one native week and when the girl returned to her parent's house, she was given a present of 20s. In this clan, however, a man is required to pay a substantial sum before he may take his wife to his own home. A day is fixed for this and the bride is led to her new home by a bevy of ten girls.

199. In Osomini group the dowry in 1921 was £25 and in 1939 when there was less money about due to a depression in trade it was reduced to £17 10s. Thereafter petty expenses rose and soon exceeded the sum of £30. Young men developed the habit of sponging on a would-be bridegroom for as much drink as they could extort from him.

200. The people are desirous of having marriage rules. Recently the Ekpeye Clan Council has instigated a move for uniformity of dowry throughout the whole of Ahoada division. In that clan rules limiting dowry and petty expenses to £30 are in operation. Osomini and Igburo groups have agreed to adopt these rules, though Egi group wish the limit to be fixed at £25. It is understood, however, that the move for uniformity is welcomed.

201. Engenni C/an.-Engenni clan consists of two groups; (i) Okarki and (ii) Joinkrama. In 1920 it was decided that dowry should be fixed at £30, but during the years of the depression in the early 1930's it was reduced to £1717s Od in Okarki Group and £21 in Joinkrama. This was distributed as follows:-

Okarki: To the father .. . To the mother .. . Sundry expenses

Joinkrama: To the father To. the mother

Petty expenses ...

29

£ s 10 0 5 0 2 17

10 0 0 0 0 10

d 0 0 0 0 plus l bag salt 0 plus l bag salt 0 in cash and S

jars of pabn wine.

Jn ,..,~_, tnf r.n~f"nm 1'1:-tn"·t l nH)fl presst'd for a umtorm systl'm to lactlltatc Inter. marri~ N-tw('t"n. tht- n~·o ~n-..urs and on 3ht D{"("f'nlht-r, 1953, a j<,int ml'rting of the t'h' ~"HP.." "''un,·tls Jt"\.''"Jcd that dP\n~· should be., tixrd at t)O. irrcspc~.:tin· of educa .. ti<>nal <Jllaliri,·oti<>n> and >hPuld 0..· disrrit->utNI a> follows:-

Tt' tht• fatht•r T<' the nwtht•r To the bride

To the t-ridt•"s par.-rnal relative> To tht• brides maternal relatiws . . ..

l 10

Pert)· expenses are not rt"):.rded as refundable in this clan. i\larriage rules have already been prepared and put->lishw in the Gazette fixing dowry at £i lis Od in accordance with what is obtaining in the Okarki Group as mentioned above. This is not what the people want.

202. Di,·orce in this clan occurs frequently. It is believed this is due in part at least. to the fact that there are more men than women living in the area. This is a surprising state oi atfairs, but the fact is borne out by the recent census.

203. Ekf>'yr Clan.-:\larriage rules were passed for the Ekpeye clan and came into force on 1st .\pril. 1952. They have the general support of the people and little difficulty has been experienced in enforcing them. The members of the Native Authority are keen that the rules are enforced and it is unlikely that many infringements go unnoticed. The following statistics apply for the period 1st April, 1952-30th June, 1954.

:\umber of marriages registered ... 495 K umber of prosecutions for demanding, receiving or paying dowry,

etc., in excess of the maxima stipulated in the rules :\umber of prosecutions for other offences, e.g., failure to register

marriage 31 The rules limit head dowry (which is payable to the father) to £20 and petty

expenses to £10. They contain no clause on the subject of divorce, but they have been interpreted as precluding a man from claiming more than £30 as refund of dowry, whatever heights the original dowry reached. It will be noted, therefore, that petty expenses are treated as refundable.

204. Abua Clan.-lt is regretted we know nothing of this area. The people did not appear before us, nor did they submit any written evidence.

Degema Division 205. Kolohari Clan.-Three systems of marriage exist in this clan:

(a) "lya." This is a patrilineal system between members of different houses or extended families.

(b) "Wari-bio-be-iya." This is a patrilineal system between members of the same house.

(c) "lgwa." This is a matrilineal system. 206. The lya System.-Under this form of marriage, the children belong to the

husband, and have the right to inherit from him.. Divorce is impossible. Separation may,_however, he gran~ed though anr c~ildren born to another man ~elong to the legally marned husband. It 1s a system wh1ch mvolves a very heavy expenditure on ceremonies and in the early years of this century the total cost of these amounted to £300 to £400 or even more. The amounts given hereunder relate to this period. Needless to say it was a form of marriage which only the wealthy could hope to aspire to. '

30

2u-:-. Its stagt:s wt·rc as folio\\~: (i) lmduko-ir~.t. The prc1iminary gift of one bottle tll drink (\·a\ucd at h~) to the J:,"'rl'!\ potrcnt~. (ir) lru.H·ma. The !'Uilor gave drink tt 1 thl' hc;nl of thl' )!;irl's 11ou:'c who ~tHlli\HJTll'(l the parents and llo\ISC members for discussHillS about the proposed marriage. The cost was J:5 to {10. (ii) lmiete-hrt-iru. Thank in~ the rclati\"CS for agreeing to the 1wtrotha1. (;ifts or drink were made to each nwmhn .,f the I louse individuallv and the cost was £10 to LIS. (iv) Jlurudofii. Passing f0 ,,d. \'am<. plantains, palm oil, pepper and fish were taken hy the female relatives of the suitor tn the bride and her relatives. Usually the fish was not sent. Instead manilla.~ were gin~n for its purchase. On ten successive market days (which are held every eight days) the suitor must carry 20 yams, plantains, etc., to the bride ami her relatives. This symbolises his responsibility for her feeding, The total cost would amount to £7, (1·) J.:onjuji11aye, or "tying of cloth." The suitor gives about forty pieces of cloth, each eight yards in length and of varying quality to his betrothed. The cost was £25 to £30. This symbolises his responsibility in clothing her. (vi) Wari Laye. The preliminary visit of the bride to her husband's house. The visit lasted only one night durin14 which the marriage is consummated. At this time he gave her about sixty pieces of cloth at a cost of approximately £35. In addition, a [ew pieces may be given to her female relatives who lead her to his house. Thereafter the bride may visit the husband at any time in order to serve him in such ways as sweeping the floor, etc., but the visits are all of short duration and she is not allowed to eat in his house. (vii) Opokunye and Jbila Anyaye. These two ceremonies are always taken together. (Opokunye-going to the fireside, Ibila-bed, a11ya-to make). This took the form of a gift to the bride's mother of manillas to the value of 4s and until it was performed the bride was not allowed to cook for her husband, or make his bed. (viii) Pulonunu. The actual payment of dowry, which was fixed at five puncheons of oil (pulo-oil). The cost was £50. They were presented to the House Head who handed them over to the bride's family. The bride's share was two puncheons (Note-3 puncheons=2 tons approximately). (i:t) Bibife. "Buying of the mouth." This symbolises the wife's freedom to eat in her husband's house. A costly feast is prepared and drinks are provided. The wife and her family and the groom's friends and relatives are all invited. The bride's relatives examined the food prepared beforehand and if it was not sumptuous enough it was refused and the bridegroom must repeat the feast. It was always held at night. At the feast, the bride puts food into the bridegroom's mouth and the latter does the same to the bride. After this the family of the bride carry the rest of the food back to their house, leaving the remainder of the gathering to drink. The expenditure on this ceremony was £10 to £25. During the feast the bride may receive a small present of manillas and cloth from the bridegroom and ~lso from his relatives and well-wishers.

208. The marriage is then complete and wife goes to live permanently in her husband's house, She becomes a full member of his family.

209. The essential element in the maniage is "irusema." The House head carries the wine to an oracle and prayers are offered to divine if the oracle approves of the marriage. Sometimes hi/rife followed immediately after irusema and the other cere­monies were postponed. Pulonunu was paid instalmentally and might even be treated as a debt.

210. Female circumcision is not practised. After the birth of th~ first child, the wife is required by custom to return to her parent's house and to go into "fattening." The minimum period is three months, though she may stay up to a year. The cost to the husband is very high. He had to provide not only food of the best, but a bed and bedding, a 10 gallon iron pot, a basin, a bucket and soup bowl, crockery and cutlery, pomade and three or four suites of clothes. When the fattening period ends a feast is

31

[iri) J,.ittr-N-rTll-l o..<t J..l !0 /...!.. [ri:·) BuTlldogi-Thig i..< done on half the gcale or less than under the ira form of

marriage and ten yams. etc .. are carried on each occa;ion. The cogt is [2 to £3 !Os Od. (r·l Jran'-/ay1"-0nly ti,·e pieces of cloth, costing j) to J). (r·i) O['Qkr;"'Y' and lbila ...lnyaye-the game a; in lya. co..<t 4s. (r·ii) Bibijr-Similar to ~1'0. but on a gmaJler scale. Cost {2 to J).

Krmju Firraye and Pu/o"""" (payment of dowry) are not included. 213. Attmrpts of Rtfomr.-In 1921 the l\.alabari ::\ational Assembly attempted

to limit the dowry in lya marriage and decreed that it should not exceed £50. This was obsen·ed for three or four years, after which there was a gradual return to the old sc21e. In 1942. the l'nions and Associations again brought the matter before the Chiefs and the Council declared the h-a down· should be fixed at £20, or £10 where the con­tracting parties were the same House. ·It was intended that by bringing the Iya system "-ithin the means of all that the lgu:a form which is unpopular, should disappear. Howe\·er, this was not followed, and today Jya marriage costs up to £80 to £100 on any girl, there being no difference for the educated. The Native Authority now declares it "-ishes dowr:-· to be fixed at £20, and that it be paid as follows:- ·

To the House Head To the father To the mother ... To the bride Maintenance (Burudogi) ...

Total

£ 3 5 3 7 2

... £20

These sums are to be expended on the ce~emonies essential to the traditional marriage. It hopes the Igwa system will disappear but does not wish this to be «tifected by legisla­tion. At the present time a man may start to marry under the Igwa form and later convert to the lya system by paying the Pulonunu. He may legitimise any children born by paying a redemption fee. It is desired that the ceremony of fattening should ;ontinue in its essential form though all the unnecessary expenses pertaining thereto should be cut out.

214. The bride receives presents from her parents when she goes to her new home.

215 Okrika Clan.-Two forms of marriage exist in Okrika Clan, the "Iya" or high dowry system and the "lgwa," or low dowry system.

216. The Iya System.-This is a form which is not entered into without the most careful consideration and fore-thought as it involves the union of the two families almost into one. When such a marriage has taken place, one family is bound in a case of

32

han.l<hq> m the other to render all assistance possible ami thereafter the dead of the two families arc huried together. All the children belong to the father except the third who bdon~"' to the mother's family. The latter like to have a girl and if the third child turns out to be a boy they will try to "do a deal" by persuading the other family to give them instead a girl in marriage under this system. .lt is accompanied by lengthy ceremony and divorce under this form of marriage, though not impossible, is very rare. A st•paration may be granted, though any children born to another man are regarded aa the property of the legal husband. Divorce is accompanied by a lengthy ceremony in which sacrifices are performed to every god mentioned in the marriage ceremony and the dowry paid must be refunded seven-fold.

217. Formerly manillas were used in this area, the value of which varied in terms of cash. Today they are reckoned at six manillas to the Is. The dowry consisted of the following:-

2 cases of "Okuru" (Native woven cloth). 23 manillas. 6 pitchers of tumbo wine. 8 yards of real India cloth. 7 or more pieces of "Akwete" (Native woven cloth). £1 to the bride's father. Ss to £1 to the bride's mother. I bottle of whisky to the House Head (or 1 guinea instead) Several Fene cloths (Portuguese blankets).

After presenting these, the marriage ceremony was performed. The oldest man and the oldest woman present ~sually.o~ciated. A single piece of "Okuru" native cloth was wrap~ed_ round the bnde and bndegroom and they were required to give their consent by dnnkmg from the same cup. Prayers were offered to a number of native gods and the drinking and each prayer were repeated seven times.

218. The custom obtained in former times, whereby if you knew a woman who was pregnant you could touch her on the stomach with a periwinkle and say: "If the child is a boy he will be my friend; if a girl, I will marry her." If the child was a girl she was more usually married to your son. As soon as the woman .was confined, you would be informed. By native law and custom this act was regarded as absolutely binding.

219. Today, dowry is usually paid -in cash and ranges from £60 to £80, though some families insist that every item should be paid in kind. As from 1950, there has been a small difference for the educated. Now only about two per cent marry under this system as it means losing a member of the family. The igwa system, however, carries with it the likelihood of increasing the size of the family. ·

220. When a bride goes to her new home, she is given presents by her parents, though there is nothing specified by custom.

221. A child may be betrothed, but child marriage proper is not practised in this clan. Traditionally, the consent of the parents was important, though the last word lay with the bride when she was called to give her consent in the marriage a:remony. A girl would not be forced to marry a man she did not like. If her parents attempted to do this, she had the right to go away and adopt another family.

222. The mother has no fixed-share ofthe dowry. So much importance is attached to the implications of this form of marriage that todsy parents usually keep the dowry paid for about a year to see if the marriage is a real success. Afterwards, it may be spent by the two parents together, we are informed, "on some useful purpose."

33

~~- 11.r /~ s,.., __ -Thio ma~· 1-< ~rmtd ··"'''!lfti»nl ,,-n,.,thn•~..-:· Th~

;,. "'' -t.."'" f'l~..........,t anJ n., ,~,....,..,,.. ·"' .-:q..-n-litu,... <>i {5 "' ihl is in'·"h·N and th<- ""'' i.am•'- tnCft'l-· pth<-r anJ drink. .\11 the- chiki"'n 1-<lon£ "' the mother·s fanuh· an.! fhr,· ........... h..~ fanu~· n.lnlC". n .. ,.;f.- k.-..1"' all he-r l'n>r<:rt,. in h.-r ra .... m·s hou;:o: anJ ~·usual"· rraJe< <>n he-r '''"' a.-rount. The- Mlrial exr<·n~ at her death ~ r-ai..i t-~· !-1<-r ''"" iam",~· anJ h..r husNr..! i:!: "''' N>unJ t\' &.<$ist h.-r in time oi hardship. Tlto.. dd.i!Tn h,a,.., n>' ~t t<> inh.-:-it from tbt-ir fathe-r at h.s death .

.:.: ... 1~ chikir..n ...... ~. serw the-ir father ur t<> the-~ oi alxllll sixt<"t'n. though as in."'' ,.._.....,n t\' ttcht \ftn' the- ";k·s fatt- mn ~ui"' the-m to!!'' anJ Ji,·e in his house. :o.._,mc:time; tOO..~· a~ take$ a rra! in~ iO M ,·hiiJtTn anJ rays i.-r their education an.i ,..h<-fl thi:< ~ thr~· usu.all)· ans"-n M r:wror. Di,w>.--e under this system is now

~-- The l)i;;rik.a Clan CNID<.-il dtsiiT oror ~--stem <>i marriag.- in whi.:h the iather ""'-= the .:hi~n ,. . .._, sboold ha'~ w right to inhe-rit in>m him. The d,•wr:-·. they sa~·. slk-u1i ~ .. :~1. rrus {5 ~- expenses ...-hich sh.-uiJ ~ .... fundal:>le In case of .ij,-on:o:. ~- r'urthn- make w ~~_if a .-ouple_ u-ish t<>_m~·_. ~he_ man shou.id luw the- ri~t ro drposit :~.:~1 ,.;th the :San'~ :\uthon~· and 11 the g-trl s l_a~ has. n..>t with.in'IIll thk; ...nhin tweh~ mootbs the money should pa..-<S mto :Sam·e Authority fund:s. the marriage being regarded&<; ha,;ng ~n solemnise.!.

2..~ ~- Ct....-ln Bonn~· Clan. t'l1ftl ~ oi marriage a.re prac""tised, the .. 1~-a...·· or big Jo~· and the .. Igwa." or smaD do..-ry ~-stem.

22-. lW /n:z S\-st-.-ln this S\'Slml oJ marrial!e. all W children ~Jong to the &the!-. o;,-on:e is f,ossiNe oo refuDd oi all that ~ been paid and is today fairly rommon. The dowry is no..- of the order of l,SIJ..[t:JJ and before the girl goes to her busbm,:rs house she is confined in the ''&nallng room'· for about six months. During this time. the husband pays for her maint~:Da~~Cr and the cost is about {I t1. This is in addition to the- do..-ry propel" and is refundable. When she comes out of the ~room the husbmd presents her ..-ith "egrebite .. (~ati'~ ...-o,~n doth) together 1rilh brad ties. trinkets, an umbrella and other artidcs ro the value of about £4(1. The dub lllfmhen are called md the "outing ceremony·• tales place. This is accompanied by much drinking md the bride is led to the bridegroom·s house. The cost of the ceraDIIIlY is borne by the twu lianilies and is noc refundable.

228. When ber first child is about S~eWn to eight yars old. the ";fe reases to tie qrdlitr. acqn fur b.ouse-11iUL Shr wars "bibite" which is imported cloth and it sbooos t:hll she is ..,.... a womm of imponmae.

m. 7W Jp. S.'*-.-'This is the aJIIIIIIODCISI: system. UDder which all children beloGg to thr motbrr's family.

230. R 'sSmr. Tbr llooay ~atift Autbo~· has recnmmended the f~ 8S doon)· paymmts, tbeR beiug DO di~Jermtiation for the educated:-

(•) \\llae the aJDtrwSing parties are from hro different Houses, dowry not 1D ~ £15, plus CD&IIImuy HouR or Table fee of £2 lOs Od.

(6) \\~the parties-= from the &aiiiC House, the dowry not to uoeed £10 pha the HOU&e ar Tabe f£le oi [.1 Ss Od.

Zll. 04a.l Sal. C1a.-No d$ils are nailable of the marriaft systans in this -. daaucb the Clan Council ha I'CEIDIIIIIICil dmt the dowry should on no IICCOUIIt uzcd [)A).

232. Tlu D~gnrtD [);risjiJIUJl l".U011 1Pon Han:ourt) ~re a uniform nmriage

5 ,-stem throughout the whole of the di,ision Uld, if pteible. throughout the wbolr oi I jaw ,-ou~tl")": Th~· rewmmend tlut dowry be fixd .at £l.O, irrespccrive ol educa­tional quahhc-.attons and that payment of £10 abould euable a man to taU his wife 10 his home. the balance to be paid instalmentally within one year. 11x-y funher rf"(Ommend that the ··Jgwa" system of marriage be abolished outright in the division.

Brass Diflsioo 23.~. The marriage systems in the Kololtuma and Opokuma Clans in nortbem

)jaw are here gi,·en as an example. In other clans the systems obtaining are almosc rhe ;.ame and conditions toda~· are \"el")· similar.

23~. Traditionally there were se,·eral s~-stems of marriage:-). Big Dou:r)" OT "&r~."-This is a patrilioeal sysu:m under which the chiJdn:n

belong to the father and hne the right to inlw:rit from him. It is a highly ~ s~·>rem though its practice formerl,· was not common as when a f:rtber gave his dJughter ?Ut in big doWl)· marriage' he lost all rigblll to an~· children w~ch.~ be born. Hts family could not therefore hope to benefit from their senJQJ:S m IJme of war. Dowrv was formerlY paid in gin and was of tbe order of twenty-five ases. there being twelve bottles to. a case and each bottle was ~-alucd at Is. The grata" part of this was paid not to the father but to the family head. ~metimes the .dowrJ took the form of a cannon. ~luch dancing, drinking and feastmg accompanied the marriage ceremony and when the bride was brought to beT husband's house she was bedecked with coral beads, her hair was shaved and a canon was 6Rd to mark the ce.lebration. The ...-ife's propertt at divocce or death goes to her husband.

2. Srn.a/1 Durrry· OT KDlaikia.-This is a matrilineal system and all the ~ belong to their mother's famih·. They may leave their father's house at any tilDe an~ go and liYe "ith their mOther's family and they ba~-e no righliD inherit from thetr father. This was far commoner than Bere and tmder this S\ISb:Dl the dowry ranged from fiye bottles to ten cases of gin. The wife's property at dn-on:te is diYidl:d. equally between her and her husband.

3. "Opu-IkUJ."-Under this system the male issue belong ID the &a:ber aod

tr.!::'~a:~o ~a;::.tber's family. The dowry WliS of an aiiMMIIIt iou:rmedilde

. ~- "Er~ ~-"-This consisted merely of an ac:bmge of sislers ~twO -. desmng marnage and inwh-ed no dowry paymeats. Cbildrm of such marrilga ha~ a similar status to those born under big dowry.

5. ~--This bad two forms-( D) A debtor could giw: one of his sisras in maniage ID his crediox. TIIis

cancellcd the debt, there being no dowry psymmL (b) ~ person ~~ aocideD131ly killed 01' uWmed IIDOihel- persoo oould giw: a

~ter to the mJurm party or to a member of his &mily by way el ~ m the hope of pre\-enting future n:bli:llioo.

235. In either case any children born - n:guded as being big dowry issue.

236. . In Bomo and Ogboin Clans.. tbe praclia: of ~ WliS ~ H a man was m debt he could gift to his aeditnr a sisltr:s- on pledp md _.., dMidn:a t-.. w:ere _regarded ss big dowry issue of the cnditnl-. The cld:Jlul- ._. me~ to ~ his SISta' at any tnne be found ~ able ID ~ me ddJt, ~hough lbe ~ were not redeemable. The - CIIIIIIDI!nied bad - _, ia lbe -· ~ il :: }:!a-been cre'::i. -!We pledged, marri8ge "BDCb .... .....,. pentlly follo.ed •

l5

:,\~. "1\"'-i•v ~null dowrY i~ '"'"far tht~ '"''lllnltlOt"'$t ft'ml ,,f marriag-e tlwu_l!ll :t small Pt"l"\.~nta.~ r•f th(" ~"\('J"Uiatitln ·i~ nuf-nt'~o:luthlc."r ~i~ dowry· omd n"'ry ocra~ion.11l~· a nurria~e un..t .. r ,.,..._;k,,, ma,- !><· f,,und .

.::..'~. Fat hen:: :J.n'" tt--...i.l\· un'' illinc h' civr tht~ir daughtt•n::. out on big dowry Tnarriage ~-..use their iamil\' !,•""" ih~rd•' th~ richt h• inherit fmm the children of the marriage. ~ ·ntil ~"~nt ye3no.: ,,awn in~ in- R~ol!l\O 'and o~~t)in Clans \\";JS f;.~irl~- CDIHtl:on. 'l'he lather> sh~n.· ,,i tht• d,>wn- und,•r Ka!Jikio is tixed at .{U though often as l1ttk as £3 or £5 ma,· ~paid and th~ iather will not press for the bal~nce. In addition. fwm lOs to [::. i> given t<• the bride hersl'lf ;md a similar amt>unt to the mother. !loth these iom1 part oi the rl'fundable down·_ In former times the mother's >hare might take the fom1 of a nm barn built for ht•r ~,-the bride£room and the bride might rccein· ;nstead a smalll-anoe. w._. are infomlt"d that in Ekowe ,;llage in Bomo Clan the father's share of do"T)- on a 'it<'in i> about {12. while that on a di,-orced woman is .{5 to //•- On a woman who ha$ n<'t been married before but is not a ,-irgin it is £6 to £8, depending on character'

239. Big dowry in Kolokuma Opokuma, Clans is£ 40 to £60 and Opu-ikia dowry is £30 to £4D.

. 240. _The initial drink is fixed at two bottles of gin, though suitors may gi,-e more •f they 'nsh. :\!uch importance is attached to the payment of Zs to the master of cere­~-es when the dowf}- is fixed. Fattening and female circumcision are practised and m th1s an:3: girls are circumcised at the age of IS to 16 years and cases even ~ccur w.h~re the operanon is performed on girls who are already pregnant. After circumciSion the girl's head is shaved, her bodv is rubbed "ith cani-wood and as soon as she is able to walk she goes about her ,;llage ·collecting presents from her friends and relatives.

24 L At this time the husband is put to considerable expense as he pays not only for the girl's feeding but he must also pro,ide such things as a bed and bedding, soap, kerosene, a lamp, a head-tie and a piece of real India cloth, etc., 2s to the woman who dresses the wound and !Os to the girls who attend her after the operation. The people attach great importance to circumcision. They believe that a child born to a mother "':ho has not been circumcised will not be strong and a grown woman who dies uncircum­cised may not be buried in the ,;uage burial-ground. Yet the operation, performed as~ is without an anaesthetic and at such an age, brings much pain and suffering to t~e panent. Even so, along ";th the partaking of drink it is the essential element m marriage while the actual payment of dowry is not. It is almost universally practised throughout Brass dj,;sion, though the Kembe Clan is an exception.

242. This is an area where child marriage is practised. Divorce in small dowry marriages is relatively common. It is also the practice to claim adultery damages. These vary from clan to clan. In Kolokurna-Opokuma Clans, they are fixed at £3 Ss Od and are payable by both the adulterer and the adulteress.

243. It is the custom for the husband to defray the cost of the burial services on his 'Aife's relatives and these are included as part of the refundable dowry.

244. The marriage systems in Brass Division form a real hinderance to the deve­lopment of the area. Under the ~mall dowry system, which is by far the most prevalent, the father does not own his children and consequently has little interest in paying for their education. In an effort to get children of their own, young men have been in the habit in recent years of going to Isoko and Ibo areas to try and obtain wives under big dowry and the average amount of dowry paid was £20. Bot such marriages have

36

r:lr\·h pro\·l·d :1 ~ucct·:;~. ( Htt·n till' \\OI1H~n decamped, taking the children with them ~~r <.'bt· the~· m;Jdc allegation~ to tlw District Ofli.ccr that they ha~ hcen ~old away in ~1.1\l'l'\. 'l'he ,.o,tngt:r cnlightt:nnl t:lelllcl\t desires one sy~tem ol nlQrriagc in which tlu· ,·hildn·n 1\;\1 helong to the father and will ha.-c the right to inherit his property. Th,., ·""' "ant the law to he n10ule rl"lrospccti.-c. Opinions differ as to the rate at "hic·h it slwuld he li\ed. The :\em he :\ationa\ Union (Lagos Branch) recommends /lr 1 "hiil' the Oghoin Suhonlinate '\ati,·r Authority recommends £25. Most people ";lllt lema le- circumcision to continue hut to he perfonncd only on the very young, thou.~h the Cesi ljo llnion (Port llarcourt Branch) consider the practice is not to be encoura_gcd and in their recommendations they make no provision for the expense att:trhnlto it.

Ogoni Division

2-l.". Dowry in Ogoni division \'aries from clan to clan. Everywhere it has risen >in cc pre-war days and it is now the practice that more should he paid for the educated. The following are the comparati,·e figures:

Pre-war Present Clan dowry dowry

£ £ Southern Kana 40 S0-80 Northern Kana IS 20-SO Gokana ... 40 S0-70 Tai ... IS 20-40 Eleme ... IS S0-70

246. In addition, the husband provides a considerable amount of drink at the marnage ceremony and he also pays for ceremonies associated with fattenmg. By custom he pays for the burial ceremonies of his wife's parents.

247. In Eleme Clan, dowry was formerly paid in manillas and at one time it was fixed at 1,400, which at 20 to the Is is equivalent to £3 !Os Od. Later it rose to 2,~ rnamllas or £6. When manillas had been done away with, the amount currently pwd was .£21 on a first daughter and £20 on other daughters. In addition, a goat and a spec1al payment of 4d were given in each case. The Eleme Clan Council wishes dowry to be limited to £41 on a first daughter and £40 on succeeding daughters, in addition to the goat and 4d, while the drink, the Council says, should be limited to three bottles of gin.

Obubra Division 248. Abanyum Clan.-The following account relates to Abanyum Clan, though

we understand that conditions in other clans are similar.

249. Formerly iron rods were used for the payment of dowry, each rod being valued at 6d. A first payment of thirty rods was made to the girl in the presence of her father. This was meant for clothes. The girl went to live with the man for a trial period, after which the main dowry of ninety-two rods was paid. The father received fifteen and the remainder was divided between other members of the family. Palm wine, kola and other things played their part in the attendant ceremonies.

2SO. Later money came to be used and the customs changed somewhat. The trial period became very lengthy-anything from two to ten or even twenty years. During this time, any children born belonged to the girl's father. 'Nhen the girl was fully satisfied that she wanted to marry the man, she would inform him that he

37

may \.~lot he her and thi$ ("\ln~1$tt'd l'f thr r~ntation of tht" ~um (lf {5 in the presenc. of parents. rd.ltl\-t''S and fri('nd:'. Entertilinnlf'nt w~ts. gin~·n at this time. .\fterw..,. t~ d''"T\ !''"''P'" wa.< raid The tJt~r m.Ti\''C'd onl" 15s and th,· main dowry of [:!_ 1\\;: \\'3, raid .. itht-1' !l' t~ Cir;·s <t•nilll' t>rt•tht'r or !0 her maternal reJati\'C, USuajJy ~r m,,th.,rs t-n,th..r. ·

251. Th.. fath"r '"'"Tl("o.l the children. ahhou!(h the\' had no ri!lht to inherit from hirn. 25:.. Tht· l'<"''f'lt· di$like this $\"Stem on tw<> gn>unds. First, the,· dislike the long

trial F"'ri,-,J in which t•hildrt'n m:t\' t>c t-om out ol wedlt>ck and secondlY they consider that children should h3\'e a ri~:;ht w inherit from their father. In 1952. the Clan Council decn-ed that th.. J,,.,·n·· on an illiterate girl should be a fixed sum of £10 and on a literate 0_:1 5. (~O edu,-ati.onal qualification ·~·as stip~lated) .. The Council further declared that duldrt'n should hll·e the right to mhenl lrom the~r father and that the dowry should be paid to the father. anything the '?other recei•·ed bein!( a matter for pri•-ate arrangement. It is understood the Counctl dtd not mtend to make the rule retrospecti•·e 'in its etfe.."t on the laws of inheritance. We have no information as to how it is working. It has not had the approval of the Reg10nal Amhonty and has not been published in the Ga~me.

253. The people consider a differential for education is necessary to encourage parents to send their daughters to schooL

lkom Division 25+. The down· in this area is .-en· low. Throughout the greater part of the

di>ision it is £5 arid the Ikom Di.-isional Council desires to. have a u':lifor~ rate throughout the di•~sion of £20. They hope thereby to curtail the soanng dtvorce rate. They fi..~ the distribution as follows:-

To the father ... To the mother To the bride ...

£ 12 5 3

255. In Southern Eting, the dowry, including labour services, gifts of wine during the courtship period and expenses incurred during fattening IS accepted to be £10. The Clan Council is in favour of an increase to £20.

Abakaliki Division 256. There are seven clans in Abakaliki di•~sion and the amount of dowry currently

paid varies from clan to clan. In four of them it is relatively low-below £30 while in Iheru clan the maximum is £50. It is regretted that details are available for Ikwo Clan only.

25i. Ikwo Clan.-This is an area where the traditional form of marriage appears to continue today with little modification. The bridegroom still renders lahour services during the betrothal period and we are informed that the value of these when computed at the current labour rate is of the order of £50. Presents are given to both parents of the girl at festival times before marriage and they continue for seven years after its celebration, or until a child is born. Four feaats are celebrated annually, and on each occasion the mother is presented with four yams and the father receives six yaJI1II, meat and tobacco. The father's share of dowry is:

Two cows, one goat, four yards of cloth, two iron bars, and a red cap. The mother's share is one goat and a supply of yams. The iron bar is at present valued at 10&, though it was formerly rated at 2£ 6d. We are told that if today a man offers = instead, it is generally refused, and he is asked to purchase these things for his

3R

2~~- Circumcision is practise.l and it i~ accompanied hy a period of fattenin~. fhis takes place after contracting the marria~:e and before the l(irl goes to live in her husband's house. Durinr: the fattening period the husband supplies meat, yaiTI.!I, coco-nuts, ground-nuts, etc., and when the wife comes out from the fattening. room he pro,·id~s a feast .. Formerly th1s was paid for in iron hars hut now he generally giHS £3 10 cash. 1 wo or three years later a second c~rcumcJsJon ceremony takes rlac". (The actual operation is performed at the time of the first ceremony). The hu,band has a feast prepared, for which he pro\'ides two goats. In addition, he gives to his wife-four yams (for sacrificial purposes), to her mother-four yams and a fowl, and to her father-six yams and two fowls. This is in addition to the presents at festi\'al times, which usually continue at this time. The woman's hair is shaved ,10d her body is painted with cam-wood. The ceremony symbolises the arrival at full womanhood and unless it is performed any children born are not regarded as belonging to the real parents.

259. The question of reform has been discussed by the Ahakaliki ~ative Authority and their decision is that the method of paying dowry as it obtains at present in each clan, should continue. They also said that if a ceiling price is to be fixed in terms of cash it should be £50.

Ogoja Division 260. Ogoja Division comprises thirteen clans. In ~_kim~ Nkum, Okuk~, Okpo~a

and Akujuk Clans, the amount of dowry currently pa~d IS £~. The followmg deta1ls relate to Nkim Clan. The marriage customs in the other four clans are almost the same.

261. Nkim C/an.-Formerly dowry was paid in iron rods, having a value of 6d each. This was fixed at 140 rods, of which the father received sixty and the mother eighty. The mother generally receives a part of this, according to the individu~l arrangement, though if the parents are not living together at the time when their daughter marries, she may well go disappointed without. The use of the iron rods ceased about 1930. There is no child marriage in this area and circumcision and fattening are not practised. Labour services were rendered traditionally and they continue today. Usually a bridegroom will work for the girl's father for about two seasons preparatory to marriage. The children of the marriage belong to the father and at his death they inherit a proportion of his property. The exact proportion of the yams and farming land, etc., is dictated by custom.

262. The people are fully satisfied with their marriage system, though they would like the dowry on an educated girl to be increased to £10. They consider this is necessary to encourage girls' education.

263. Marriage customs in Mbube, Osokom, Afririke, Bekworra, Yache-gabu, lrruan and Ukelle clans are similar. The following account relates specifically to Osokom Clan.

264. Osokom Clan.-Dowry was formerly paid in iron rods and was fi.xed at 240. Of this, the mother's share was one third and this proportion contin':'es today. Cash was first introduced in 1940 and it was not welcomed. If a young man \vished to pay the dowry in cash instead of in iron rods he was asked to pay £10 or so, while the cash equivalent of 240 rods at 6d each was £6. This appears to be the major reason for the increase in dowry in this area. Today the current price is £12 cash, though if a young man can manage to pay in iron rods, the father-in-law is delighted. . There is no child marriage, no circumcision nor fattening. Traditionally labour services were

39

fn,n1- \.~tan r~' .:l.tt1 1:~ s~"mt' ,,:Lm=- it t:'. h),Lty n:r~ h.l\\ whil~ in other~ it Ius r-i-~~~ app~·ial'ol\· durim: rt'-"<"fl! \·t.II>. J"h,· llltlU<'II•'\' t>t dt'llll>hlii~t·,l ~en·il't'llll'll 1< hdicved h." ~ tht• matn l~tl$<.' h'r S~h.·h llh'":"<.'.\sc~. Child m;.Jrnage a:-:; pr;.ll'ttst•d.

2t>-. Th..· rnJrttr h;~~ t>..-.·n tc:lh· t'l>n,idae,! 1'-Y tht· :\atiu .\uthoritY, to whorn "·e 1re 1nde-~tt•d f,,r tht' ft,!ltlwin~ infiJrnl;Jtion:--

fl..rrcn· ( 'urrrnl J.imilatio11 Clm: i~ ill4.; l>o"-'"~' desired Remarks

t d;(.:~·d[ d Arikpo.. 3 3 5 l) Thi~ exludes marriage gifts, the

co~t of which has risen appreci­ably.

-~··· 0 0 l) 0 Ama..«eri 0 0 Ill 0 l)

Okpocha 6 10 0 Hl 0 0 l'nwana 3 Hl 0 0 0 Edda ... I 10 0 0 0

lshiago 0 30 0 0 Isu 6 0 0 50 0 0 Okposi 5 0 0 25 0 0

-50 0 0 Onicha 6 10 0 60 0 0 Oshiri ... 20 0 0 25 0 0

-30 0 0 Uburu ... 20 0 0 50 0 0 Lltawu 2 cows 2 cows

Ake-eze and 5 goats and 5 goats 6 0 0 10 0 0

Ugulangu 6 0 0 15 0 0 -30 0 0

0 ll

6 10 0

IS 0

10 0 20 0 20 0

20 20

20 20

10 15

0 0 0

The increase is to include marriage expenses.

Exclusive of marriage expenses.

Cows and goats to be valued to an amount not exceeding £20.

268. The above figures for current dowry relate to illiterate girls. In the areas where it has risen appreciably, more is charged for the educated. Labour services in the traditional system were important and in Ake-eze, for example, they constituted the ~urn total of the dowry payment. In some clans, strangers have played their part m the rise and they are generally required to pay more than natives of the area.

269. The following account relates to the pre-war period in Ishiago Clan. A suitor first made known his intentions to the girl he fancied by presenting her with one penny. Later he made a present of some meat (valued at Is) and two coco-nuts to her parents to let them know he wanted to marry their daughter. If they agreed, four to eight days later the girl's mother would prepare a sumptuous meal to which the young man was invited with the following words: "We accept you as our daughter's future husband." The young man came, bringing with him 4 gallons of palm wine, meat, siK coco-nuts and eight yams and on arrival he said: "I really want to-marry your daughter and I am grateful that you have given her to me."

40

..; 1!1. l>urin~: th~ lwtrothal period, tlw voung rnan Jl&Ve hi• girl'• parentto a yearly ,n·st·nt of twenty-four yamN, ~i' shillings worth nf meat, !ilix l'nco-nuts, twelve gallona

~.f palm wim· ami two log• uf lin·wootl. .\fter marria~;te he made them an _annual •resent ol ctght yarns, two heads ol tnha<'CO and some meat fur at1 long as they lrved.

1 271. The dowry proper cnnsistctl of two large pur. of palm wine, forty-eight

vams :and a monetary payment of one guinc:a. The hridc~-:room might" give more, but ihe :amount of cash did not <:xceetl [~. In addition, he performed circumcision ceremonies, the cost of which was up to twu guineas. When the hride went to her ocw home her parents gave her household equipment and farming utensils, basketa and li1·estock to the value of over £5.

272. At the present time, it is the practice throughout the division to regard an presents_ given ~uring the p~riod of child betrothal as part ~tf the refu~dable dowry. \\"ith thts the 1\:attve Authorrty does not agree. lt also consrdcrs there '" a good case to be made for reducing the amount of refundable dowry according to the length of the marriage and the number of children.

273. The Native Authority proposes to institute marriage rules and the Commi~tee has been supplied with a copy of what they propose. Two pointa are worth notmg. First, they consider that courtship of girls should not begin below the ap;e of twelve

. years, while the actual betrothal should not take place at an age below. stxteen Y~~ Secondly, divorce should be granted only by a court and only on the followmg grounds·

(i) Long standing lunacy on either side. (ii) Attack of leprosy on either side. (iii) Excess cruelty of husband to wife. (iv) Impotency. (v) Desertion of wife or husband. for two years or more. (vi) Lack of adequate support of wife by husband.

Uyo Division 274. The people of Uyo Division are Ibibios and the description of the marriage

system which follows also obtains amongst Ibibios in neighbouring divisions. 275. The first step in contracting marriage is the gift of complimentary drink.

This varies from clan to clan; in I man Clan it costs as much as £5, though in other clans it is less. In all clans the drink is usually accompanied by gifts of money. Tradi­tionally th~ dowry was paid in goats and ranged from ten to twenty-five in. nu~ber. Later mamllas came to be used and it varied from 800 to 4,000. As a rule Jt d1d not exceed 1,200 which was equivalent to £15. The use of manillas continued up to 1947. The dowry was never fixed. The father may quote a figure, but this is not usually adhered to with any seriousness. What usually happens is the young man pays what he is able and he then takes away the girl and contintks to pay in instalments. lt is anti-custom to pay in one lump sum. Today the dowry ranges from £IS to £50. Ttie mother's share is not fixed though in a case where £50 is paid, she will probably receive about £20, leaving £30 for the father: Sometimes she> takes a larger proportion and there are cases on record where powerful mothers have given out their daughters in ma.rriage and received the whole of the dowry.

276. Apart from the cash payment there are certain items in the dowry which must be given in kind. These include two or three goats, drinks, tobacco and various articles of wearing apparel. The goats are used for sacrifices during the marriage ceremony. The drink, more precisely termed "family drink," applies only in certain clans such as Offot, Etoi and Uruan. It may cost about £3 and forms part of the refundable dowry. '

41

2~~- ·rht• crt"'3t~t tn\f'<.lrt:Hh."'t' I:O: ;ttta\·~w\t m tn~~- art'a (.ll ~-~~~ ,ITllllt'r_nlg ot htho S("r\'ll.."'t"S. and a;._~is.tanl't" ~nt•r;tll~- b,,th 1'\("l_t'n·_ an\l ;tltt•r l~t.lrrl.tgt. I~ ts ll~Hal ev ltt tt..,dav h'r a Vt'~Un~ man tl"' ~""' an~t 'h'rk ~-~,r hi~ ~~_rl'::.l~~~n·nt_s. _to: thret· hl h\"t' ~·rars hefoen he tSke;: 8 ,~.,1\. their dau!!ht~r m nurml~'· It ht·. ·~ aw.n trom home or has sett)~ emrlt>nnl'nt he must pn lal'<>url'rs I<> J,, tht• work tor hmL ;\Iter nurnage the Sl'rvi d c..>ntin~l<" and alth<>U!!h thev do Ill\! f,•rm part <>I tht· rdundablt• dowry. tht•y <~re ~s ~-ust<>m obli~dtt>ry. Oth~r a.,<istant't' rt•ndert><l. such as payment of the school ~ Y ,,f Y<'Un!!'f'r ~\eml>l'rs of the famdv mJy or mav not he treated. as part. ol t.ht• refunuab';! dowrY. aC<.'Ordin!! to the md1ndual :lrrdn!!('men': T~~ h1r.hand 1s .also obliged b custoin 10 defray part of the bunal expenses on h1s w1te s parents. H he has marrie~ a first daughter these will bt· high as he the-n has certam spe-c1al respons1hdltlcs These expen!'CS form part of the refundable dowry.

ZiS. In the matter of consent. the gir~'s parents traditionally had ~he major say, though her own IS called for m the- marnage ceremony. Child marnage occurred though it is less pre,-aJent now. It took place where t~ere was a~ old friendship betwren two families. It was also the practice where a lather was rn dlf'ficulties to gi'-e away his daughter in marriage while still a child in order to secure the help and assistance of the husband.

279. Female circumcision is practised among the lbibios. The operation is usually performed betwe-en the ages of one and two years. fattening is an integral part of marriage. Exactly when a girl is to be confined in the fattening room is decided by the parents and the husband pays all the e.xpenses.

280. DiYorce is not common in marriages where there are children. If a marriage which has been contracted for less than two years is dissolved the husband usually claims a refund of all he spent on clothes at the time of marriage and all the wife's properties, including farm crops acquired during marriage, are regarded as the property of the husband. The only things which a divorced wife is left with are the presents given to her by her parents. It is the practice to make a reduction from the refundable dowry of from £2 10s to £5, varying with the clan, for every surviving issue of the marriage.

281. The question of limiting dowry has been discussed by the Uyo County Council and by three of the six District Councils of which it is composed. All have decided they are fully satisfied with the marriage system as it obtains at present and desire no change. The County Council, however, does recommend registration of marriage as a measure which will greatly assist in settling disputes over child custody and further that divorce should be pronounced in court. The practice of making deductions from the refundable dowry for every child of the marriage is condemned and this point is also mentioned in the recommendation of the !man Rural District Council. Finally, the County Co~ncil condemns the use of the term "bride price," the lbibio translation of which is "Ekom Uru Ando"-a person bought as a slave. We are asked to use the term "Nkpo Ndo" when talking of the Ibibio marriage which means "those things which a man gives when he marries a woman including cash, gifts in kind and labour services."

282. The attitude of the Councils 'is not fully borne out by the many letters we tave received, which call for a reduction in the dowry. From all the evidence we are of the opinion that the people would welco!"le a reduction in the a~ount of the dowry ·iven in cash although they strongly des1re that the labour serv1ces rendered, the

42

l'""'"'"'n' JlreS<,nts gi1·l·n and the payment oi' hurial expenses hy the huRbanJ ohouiJ continue as at present. lt is the fear that any limitation impoRed may he construed as limiting a husband's obligations in this direction which determine the Councils' attitude.

Eket Division 2S3. The marria~c system in Ekct Di .. ision is, to all intents and purposes, similar

to that in llyo. Formerly uowry was paiu in manillas and ranged from 100 to 200, now cqui1·alcnt to £1 Ss and £2 !Os respectively. It rose with the passing of the years and at one time the old Uhium Native Authority stepped in and limited it to 2,200 manillas or [27 lOs Ou. After the last war ex-servicemen paid £40 to £60 and stranger elements in the clan entered the fielu on a competitive basis and paid £60 to £80. As in Uyo, it varies with the beauty of the hride, the love a man bears for the bride's family, her educational qualifications and the ability of the bridegroom to pay. This l3't is probably the most important.

284. Fattening may take place either before or after marriage. In former times, a bridegroom gave at this time 240 manillas to the father and 200 to the mother. He is responsible for the feeding and must provide drink and other things. If the bride is a first daughter he gives a sheep and two goats and if not a first daughter he gives two goats only. The period of fattening varies. It is generally about six months. Certain ceremonies are associated with it and its length depends to some extent on how quickly the bridegroom can complete these.

285. The Ubium District Council has recommended that dowry on a first daughter be limited to £30, plus one he-goat, one she-goat and a ram and to £30 on other daughters. The Okobo-Oron District Council recommends complimentary drink should be limited to £5 and dowry should be as follows:-

Oron: Mother, £10; Father, £35. Okobo: £25 and two goats, for both parents.

In Okobo only about £30 is currently paid, whereas in Oron the dowry is now about £70. The Council further recommends that infant betrothal should be strictly for­bidden.

286. The Eket County Council has discussed the matter and considers £30 an appropriate maximum.

Ikot Ekpene Division 287. The marriage system in Ikot Ekpene Division is very similar to that in Uyo.

The main dowry varies from £20 to £100, where the marriage is between wealthy families. This does not include expenditure on drinks and the many ceremonies and sacrifices which custom demands where the bride is a first daughter or "Adiaha Owo." These include rams, a goat, a dog, a cock, a hen, a tortoise, wearing apparel, etc., which will cost over £10. In Nkalu and Itu Mbuzo areas the main dowry is somewhat lower than in the rest of the division.

288. The question of limiting dowry h~ been discussed by the Ikot Ekpene County Council and the following conclusion. was reached: "#hat bride-price be not standardised as this is incompatible with the Native Law and Custom in the Division." The remarks contained in the final paragraph of the section on Uyo also apply here.

Abak Division 289. In Abak Division dowry, was formerly paid in manillas when the maximum

was £23 6s 8d for a first daughter and £13 6s 8d for other daughters when converted into money. Often much less was paid. Marriage was contracted by the acceptance of two bottles of drink (one for the father and one for the mother) and some kola. Now girls with elementary education are married for £45 to £50.

43

t::nyong Di•·iSJon ~~- Enyt-.ng Di,·i::;.ltJn. ntl\\ nwn.· artly d.c"'$'-·ril"C..·d a~ the Low~..·r Cro:-"::> River

Coun~-. comrri$("'$ fl~r Run~.ll)is.tri.._""t Ct•un'-;b•: (i) 11:-il>n<> (•i) BiaS<" (iii) .\n1-lbo and (h·) ltu-ltam.

In this area the amount l.,f dt,wry raid ,·arie- not only fron1 clan to clan but fron1 ,-illage to ,;u~ in sonw- \."a.~- In SOine ;lreas it has risen arpreciably in recent years; in othen:. it has remained .-onstant.

292. Jbimw Distri.-t.-The main down· nri"" from .(~ll to £30 or exceptionally £35. Pe~· e:-tpenses may be as high as J,:2o. parti,·ularlv where the girl is educated. :\fore is spent on rituals for the rirst-bom or ··.\diaha" In Enyong. lkpan,·a, Ito and 1"'-erre dm,,..~,. ranges from 1,:15 to £20 only and here there is no definite distinction for- the educated. In this area. there has been little increase in recent vears. The District Council suggests it be limited to [L' in lbiono and £:!.0 in Enyo~g-Ito-ldere and Ikpanya-lwerre areas. ·

293. ~ District.-ln l-~makuma area. the dowry is as follows:-Illiterate Literate

Father .. . £ s d £ s d 12 0 0 27 0 0

:-.fother .. . 8 0 0 IS 0 0 Bride .. . -+60 500

Total ... 2-+ 6 0 50 0 0

In other areas it does not exceed £12.

294. Wben marriage is first contracted, it was usual to gi,·e four pots of wine to the father and one to the mother at the time consent was given. The young man then began to render labour senices. ·.\nother five pots were given when the girl was ready to join ber husband. The dimrce rate in this area is high and the payment of dowry was introduced in an endea\·our to curtail it. In 1945, it was fixed at a minimum of five guineas. It has risen appreciably in recent years and the District Council has decided it should be limited to tweh·e guineas.

295. Aro-lbo District.-At the present time the dowry ranges from £20 to £30. TDe matter has been discussed bv the Aro Clan Council who found that it has risen appreciably in recent years v.ith ~dverse social effects. By custom a married woman is expected to render assistance to her parents but husbands who have paid heavily for tbeir wives tend to treat them as their exclusive property and even go to the lengt~ of administering an oath that they should not render such assistance. The CounCil wanta the main dowry to be limited to twelve guineas and all customary expenses to be reduced. They have gone into details of the amounts which should be spent on each and also the presents which a bride may expect from her parents.

44

!'If>. The l"turu ~ativr Authority wishn dowry to be limite<.l to £13 lOs," ... but 1 the ease of sen>nd-handed women will he £15."

29;. !tu-/lam /)istrirt.-ln /tu the dowry is fixed at £12 Os 46d while in 0/ru­./Maho-Ayadrgh~ it is {12 Os ~d. fioth Councils ha\·e considered the matter and desire 0 change. In !tam, the dnw'!· has risen in recent years and now ranges from £10

0 [f.O. It ,·aries with the wealth of the hridegroom and the education of the bride. As 11 ueh as [15 may he required as a first .instalment. The Local Council would like 1 fixed at .{20. The Eki Local Council would like a similar limitation.

Opobo Division

298. The Jbihio area.-Here the conditions are as already described. The main ::lowry and the petty expenses are as in L:yo Division-about [18 to £60. The dowry is generally less where the bride is vel!· young and there is a definite distinction for the educated and a feeling on the pan of parents that their educated daughters should be married for more. On the other hand, there is evidence of a demand for stand­ardisation, particularly of the very hea\')' burial expenses which a man bears in respect of his wife's family.

299. The Andoni area.-ln this area a matrilineal system of ma~riage ~redomin~tes, in which the children belong to the mother's family. Dowry conststs J113Jnly of drinks money, though cases are on record of as much as £35 being spent i.n this way. The people are not happy about their marriage system which they cons~der leads parents to take insufficient care over their children and accounts for a high percentage of illiteracv in the area. The Obolo District Union has recently launched a scheme to reorlianise the marriage system with a limit fixed at £40.

300. Opobo TOW1I.-The dowry here consists mainly of drinks money and expend­iture· on clothes, trinkets and jewellery in respect of the bride. Before the war the "gate and parents drink" cost about £5 and the purchase of clothes and ornaments

~3?h'; fe~~:~t£t;~ :£~~~th~h~:~:~ a~~~!na!~o~if~~~~~~2~ :: t::;r~:,~~~ more reasonable.

301. All the clothes, trinkets and jewellery are refundable in a case of either death or divorce.

Calabar Division Efik-Quo.-Efut, Okoyong and Odot Clans

302. The dowry proper is £12 and is payable to the bride who thereafter becomes responsible for its refund in case of divorce. In the case of a girl who has not been married before, the following are also payable:

(i) Nkpo Ufok Nkuho-e.xpenses on fattening. A girl is usually confined in the fattening room after payment of dowry aRd before going to her husband's house. Formerly this may have been for two to three years

if the husband were wealthy. Nowadays it is usually from six months to a year. (ii) Nkpo Enyin Usun-the fee for "opening the gate." This is paid in drinks

or in drinks plus cash and may cost up to £5. (iii) Nkpo Eka Eyen-presents to the mother, 1 guinea. (iv) Min Ekom-complimentary drinks, 5 guineas. (v) Ukpan Anwa-pledge of fidelity, 3d.

The total (including the dowry) is in the region of £30.

45

it~ tht~ ea~~ ~'1 .i Wl"~Tll.m "h,, h.,.~ ~ ....... n nua.rr1ed l\("fL,n·. thf' ft,llowing are pi!yable :­

~:·' :'\lin Fkl'lll- (."\llllr!unt•nt.n·~· drink~. 3 tzuinea~. \;:·\ l"k.J'.Ul .-\nw~-t -· J'lt-d~~· {lf ti-..khty. 3d. .

ThC' poa~·nwnt l,( ,f,n,-~- \Ekd'c.· :\dl"~) i~_ not the Important element in rnarriage. 1t is tht• :\hn Fk,,m. th~ l kp.on .-\nwa :ond. 111 tht• <~dse of a young woman, the Nkpo Eka Fn.""n ,, h11 .. ·h .tn.~ the ~S...'t'OtJ,tl~. \\"c.• han~· no enden<.."'"t.' that there ts any desire for chan~.

_;()_;_ r;. .. lkf'<ll .,,J 01>.1'1 Cimr C.mncils WOllld like the following to be adopted:

Enc-d~"Illt.'nt f~. J.}. D,,;,;..,--lliiterAtes; ,(I~. Educated: £25. "S~cond-handed girl;" £10. There was fl;nnerly nP do''"~-:'- in lkpai Clan.

3l)f. TM Ot-uk CIIDI Council also wishes the dowry to be raised to £15. It has ~ £5. plus ":,ne which the Council considers too low and encouraging instability 1n m.amage.

305. In .\'rti"' C/aR, the dowry is£) and the Council desires no change.

PART IV PRI:-<CIPAL REcoMME.'IDATIO!'IS

I. That dowry throughout the Region be limited to a maximum of £30 and that it should be made an offence to demand, pay or receive any sum in excess of this.

2. That petty expenses throughout the Region be limited to a maximum of £5 and that it should be made an offence to demand, pay or receive any sum in excess of this. These should not be treated as refundable.

3. That in future all marriages under Native Law and Custom should be registered. Marriage registries should be established and registrars appointed. A fee should be charged for registration. We suggest Ss. Marriage certificates should be issued and they should be regarded as admissible in evidence in respect of the main facts they contain. It should be made an offence to fail to register any marriage within seven da:rs of its celebration. The marriage certificate should record the following facts:

(i) Xame and occupation of the bridegroom, whether bachelor, widower or di,·orced and, where possible, his age.

(ii) Xame and occupation of bride, whether spinster, widow or divorced and, where possible, her age.

(iii) Kames and occupations of both parents of the bridegroom. (iv) ~ames and occupations of both parents of the bride. (.c·) The amount of the dowry agreed to. (.c-i) The amount paid at the time of registration and to whom paid.

(Note.-We recommend questions (v) and (vi) be framed in this way because it is the custom to pay dowry by instalments and we recommend the practice should continue).

• Where either party to the marriage is divorced the certificate should record the court in which the divorce was obtained, the number of the suit and the amount of dowry, if any, repaid through the court. (See paragraph 4 below).

The marriage certificate should be signed or witnessed by the husband and the fathec or guardian of the bride in the presence of two witnesses who should also sign or witness the entry.

4-6

i\larri_aFc register!' should he open tu inspection hy any pcr~on and regif\tran ~hould ~~:-~:~ ~~:~rtliied true copy of any entry upon payment of a fee which we suggest should

\\·c do not conside! this sl_wuld l~c m~Uc rctroRpective. Parties alreatly married should he allowed to regiSter the1r marna~c 1f they so desire, hut we do nol consider thio should he made obligatory.

. . 4. [)i,-urce.---ln ruture divorceshoul<l he pronounced only by courts of competent JUnsdlctlon and the grounds on wh1ch d1vorce may be granted should be limited to the following:-

(i) Desertion of husband or wife for three years or more. (ii) Cruelty on the part of either the husband or the wife. (iii) Adultery by either the husband or the wife. (iv) Impotency. (v) Long standing lunacy on either side.

There should be no divorce by mutual consent. If the wife is proved to be the guilty party she should be responsible for refunding

the dowry in full. If the husband is proved to be the guilty party he should not be entitled to any refund of dowry.

5. Child marriage should be abolished. No marriage should be valid where either party is below the age of sixteen years. Where either party is below the age of twenty­one years, the consent of the parent or guardian should be required, but this consent should not be unreasonably withheld.

6. l':ative Authorities and Local Government bodies should be required to make rules or bye-laws concerning marriage in the areas of their authority. We consider that this is best done by local councils because unless public opinion is solidly behind the rules they will not work and if the people themselves are responsible for making the regulations, there is a greater likelihood that they will be observed. We consider that a time limit should be set in which they should frame their rules and we suggest six months. We recommend draft rules be circulated to all Native Authorities and Local Government bodies to act as a guide in the framing of their own rules. In the case of Local Government bodies we consider this should be done by Urban and Rural District Councils. The areas of authority of County Councils are usually large and cover several clans with differing marriage customs. The rules should specify the following:-

(i) The maximum amount of dowry and to whom payable. (ii) The proportion in which the dowry is to be shared between the bride's

parents. (iii) The maximum amount of petty expenses and to whom payable. (iv) The places where marriage registries are to be established.

We consider that these rules should not have a retrospective effect and that in a case of divorce where a marriage was contracted before the coming into operation of the rules and the amount of dowry paid exceeded the statutory amount therein fixed, if the wife is proved to be the guilty party the husband should be entitled to a refund of the dowry paid in full. Where, on the other hand, the husband is proved to be the guilty party, he should not be entitled to any refund. We do not consider this will lead to a large number of divorce suits taken out merely with a view to obtaining a new wife at a lesser cost and having some amount left over from the refund of the dowry on the former wife. A husband would have to establish adequate grounds for divorce as in paragraph four and would in any case have to prove that what he claimed was actually paid.

47

-. 1~ /'t·f'Wii.,., _,;.,. 1-."JH,-.,,itt'f. \\"t• stnm~l~· ~._tis;.tppn,n· ,,f tht.• pr;t~·u_~o.·t· oLltiliiHng in tnan~· •n"a~ t'f ri.'1n~ th<- ,t~-'" t:o· t'Tl ~~ htt·r.Ht' ~ul ln~lwr than that ot~ an dlltt.'rah.·. \\'e t.."'\"'n~i'"it-r this pr..t'"•ti-.."'t· h'nd~ h' '"'rt.';\h' .t Sth:i.tl ~ro:.tstt· :md ~hould th~·rdnn• ~"le n·.~ar~led. as a~in~t pu~Ji'"~ r"''li-..·_,.. \\·t· nt.,tt' with s~uisfoh·tillll th;.tt th~· marna~t· ru~es applytng in .-\ho .. 1~o.b })j,·Js.it.~n ;.tilt'\\ no ,iistincti,,n .tnd this i~ ;llsn true ,,t t'\Try cast• "hu:h has cotne to '"'U' th'ti~,.'\'. t'.\.t,"'\'l'tllbul'rJ. in whidt :111 utllltfi\.·i:~.l ath·mpt Ius ht."en rncuk to_lintit dowry. \\'e .als,l nott• that it is the intcntitlll t.lt" tht• prt·~·nt l~tn·t·rntnt•nt to nu.kc prnnary educa­tion uni,·e-rs..tl .1.nJ '"'t.lmrul~"'ry in tht.· tll'ar fururt.'. Iltnn•v(·r. _the_ aq~utncnt has been rut {\"l liS n.""r~· s.tnln~l~· in n~spt· .. :r tlt" l't•rt:Jin ;lfl'<IS. not;thly Okag-wa. ()r~u. ()huhra n~d ()c('~ia. that if thc.~n· is. to J:-.c.· n'' '"iirlt.·rt'Th'l' llO rhe dowr\" on tlw educatt•d g1rls. parents Will nl~t ~nd. tlwir Jauehtt"·n;. t\l S.l"hfl(ll and 1nanv c:irl~ no,~· in school will he withdrawn. \Ve tht'rdor..· ,·onsider. it should !:>.· ldt opc:-n io.local muneib: to tix the maximum dowry on illitt'r.Hc:- cirls lowt'r ifthn so desir<'. though the maxnnum tor the educated slwuld not exceed :{3ll.'as stipulated in-paragraph 1. \\"e ask that they should bear in mind m this connexion that on,-.- a bn·-l:1w has been gazetted and 11 1s later des1red that a change should be made. somt' det1y may be cx~~ted in etiecting that change. It therefore behon·.- the-m to think ,-arefully when the\· formulate the1r rules.

S . .\latn1in~·•l Systems of .llarrtil§t£.-\\"e consider that systems of marriage where­\·er they exist in which the children of the marriage belong to the w1fe's fam1ly and have no right to inherit their fathers property should be abolished by Regional legislatio~. The appropriate- local authorities should be required to formulate marnage rules m accordance with paragraph six. We consider that this should be made retrospective. "All should be equal before the law." \\"e note that this will affect the laws of inherit­ance in the areas where such systems now obtain.

9. F~k Circumcision.-We strongly disapprove of the practi~e of cliterodectomy or female Circumcision which obtains in certain areas, particularly m the case of Brass ~i,;sion u·here the operation is perfonned after the age of puberty. However, it is an mtegral part of native custom in such areas and its sudden abolition would not be acxe_ptable to the people. We wish to recommend, however, that it should be made a pumshable offence to circumcise all but the very young and we consider the age-limit should be fixed at one month.

10. Cc;nain ~ustoms and practices have come to our notice during the course of our enqumes which we regard as objectionable. Under this heading we include the following:-

(i) The trial per!od bef_ore marriage. The supreme example is Obubra Division, wh~re th~ tnal penod may last several years. We consider, however, that a tnal penod of even a week or two is against public policy. ·

(ii) The custom in Amichi of a woman bearing children for her father. (iii) The system of "pawning" to be found in parts of Brass Division. .

(it:). The practic~ in the Ibibio area of deducting a certain sum from the refund­able dowry m respect of each child of the marriage.

(v~ The discrimination against "Osu," brought to our notice in Okigwi. ( ~·•) All custo':'s concerning marriage which are not of the essence of marriage

g~:h=h~i~i:~:~~g we include the "lzu afia" ceremony practised in parts of

. We recommend that the Regional Government should consider legislating on these (lOint8.

utner 1\Ccommenaauons ana uoservauona 1. The danger has hrt·n point<·<! out to us in respect of certain areas that if the

towrv i~ ti"·'l too low, the di_\'Orcc rate will soar and morality_ will ~utfer. llowever, ;,.c c;lll~i,kr that when marnagrs arc rcg1stcre~ and re•tnclwns arc placed on the •ranting of divorce, there w1ll he no danger of th1s.

" 2. We consider that the giving of presents hy the parents of a hride when ~he goes to her new home should he rega_nlecl as entirely voluntary. A bride should not expect lOre than the hare cssent1als W1th wh1ch to start her new home and the cost of these ~hould not exceed£ 15. Wealthy parents should, however, be free to give as they choose.

3. \Ve note with satisfaction that it is the custom, to a greater or lesser extent depending on the area, for a husband to assist his wife's parents after marriage. family tics are strengthened and the ageing are cared for. In recommending that dowry be limited (paragraph I), we do not intend that this assistance should in any way be curtailed or limited.

4. We do not regard the custom of fattening as repugnant, providing the expenses which it entails are limited to what is reasonable.

5. We do not regard the practice obtaining in some areas of claiming adult~ry damages as objectionable, though an action for such should na~urally preclude an actron for divorce on this ground.

6. We consiclar that when local councils formulate their marriage rules they should endeavour to obtain uniformity over the widest area possible, thus facilitating inter-cl_an marriages and removing any anomaly from them when they occur. We note Wtth satisfaction what has been done in Owerri.

7. We consider that a reappraisal is necessary of the fact that a woman has~ right to a say in the choice of her future partner in life. Consent should lie with the gtrl and the part played by parents should be limited to the giving of advice.

8. We do not consider .the time has yet arrived when the payment of dowry may be abolished altogether, though we express the hope that with the spread of education it will eventually disappear.

9. We have found the suggestion that polygamy should be done away with not acceptable to the people. We express the hope, however, that monogamy will be made the rule in the not too distant future as until this is done, women can never have the same social status as men.

10. We recommend that our report be published.

Acknowledgements We wish to take this opportunity to express our appreciation to all who have

written to the Committee and to all who appeared before us to give evidence. We have the honour to be,

Sir, Your obedient servants, M. 0. BALONWU, Chairman A. N. Woou, Member D. F. E. EssESSlEN, Member F. T. F. APPAH, Member J. G. CousiNS, Secretary

49

lr~· ,•

fi SIR.

BRIDE PRICE

\'o. //PC. J I

Bridl• Price Committee, The Regional St"crctariat

EnU,(!'U.

ll>rh July, 1954

The Easrem Region Executive Council has decided to set up a Committee on Bride Prier. The rerms of reference are as follows:-

"To im·estigate the social effects of the payment of Bride Price in the Eastern Region and to make any recommendations to Executive Council it might think lit "ith a ,·iew to the removal of any anomaly or hardship."

2. The C!Wrman of the Committee is Mr M. 0. Balonwu, Barrister-at-Law, of Onitsha, and the Members are:

.\fr D. F. E. Essessien, of Uyo. Mr F. T. F. Appah, of Kaiama, Brass. Mrs .\'n·ogu, of Umuahia-Ibeku.

J .. 411 .\'ative .4.uthorities and Local Government bodies, Tribal Unions and Pro­fessional .4.ssociations and any private individuals interested are invited to consider this important subject and to let the Committee Secretary have their comments on the social effects of bride price, as it applies to their own areas. The Committee wish to know the amount of bride price in different areas, if it has risen appreciably in

recent yean; and if so, what are the effects socially on the different sections of the community of such a rise. If you consider the amount generally paid is too high, what would you like it limited to ?

4. It will be appreciated if these comments could be received as soon as possible. It is intended that the Committee should hold enquiries at various centres and details of their itinerary will be announced shortly.

5. Communications should be addressed to:

"The Secretary,

Bride Price Committee,

The Regional Secretariat,

Enugu."

I have the honour to be,

Sir,

Your obedient servant,

50

J. G. CousiNS, Secretary, Bn'de Price Committee

Al'l'ENil\X 11

.,.,;'J:: E::i;::;:~;~~ifi,i,~;;~~;;;~;;:::::·;;:::.:~·· ,_,_ 1\\r I·. I . I·. Appah, School teacher of K~ia I\'1rs A. N. \Vogu of Umuahia-ihcku. ma, Ora!!.?..

The itinerary is as fo1lows:-Sunday, 29th August . Monday, 30th August .. Tuesday, 31st August ..

Wednesday, \st September

Thursday, 2nd September

Friday, 3rd September

Saturday, 4th September

Sunday, 5th September Monday, 6th September

Tuesday, 7th September Wednesday, 8th September

Thursday, 9th September

Friday, lOth September Saturday, 11th September

Sunday, 12th September Monday, 13th September Tuesday, 14th September Wednesday, 15th September. ..

Thursday, 16th September

Friday, 17th September

Saturday, 18th September

Travel to Onitsha. lO.OO a.m. Rcssions at Onitsha. 9.00 a.m. Sessions at Nnewi. 3.00 p.m. Sessions at Ogidi. 9.00 a.m. Sessions at Awka (Day viait

from Onitsha). \0.00 a.m. Sessions at Or\u (day visit from

Onitsha). \0.00 a.m. Seosions at Okigwi (day visit

from Onitsha). 10.30 a.m. Sessions at Umuahia (day visit

from Onitsha). Dies non. 10.00 a.m. Sessions at Owerri (day visit

from Onitsha). Travel to Port Harcourt. \0.00 a.m. Sessions at lkwerre (Ahoada)

(day visit from Port Harcourt). 9.00 a.m. Sessions at Port Harcourt.

p.m. Travel to Abonnema. 9.00 a. m. Sessions at Abonnema. 9.00 a.m. Sessions at Abonnema (if

required). p.m. Return to Port Harcourt.

Dies non. Travel to Aba.

9.00 a.m. Sessions at Aba. lO.OO a.m. Sessions at tlyo (day visit from

Aba).

Travel to Abakaliki. 10.00 a. m. Sessions at <?~oja (day visit

from Abakaltkt).

Dispen;e. J. G. CousiNS. St~.

Bride Price Cowmattl!f

51

, .......... ,.~ _, ....... ) ............. , , ..... Ohd

,..,,..., lru~• If,..,..,,,., ..,,,.,.,,..114' ,,,,,, , .. ,.,,,,.,, .

1\I'I'LNiliX I\'

f U./ \. \u. '-1 uf 1'1.1~

Till 11-;IH.I<HL-I·.T!'III·. l·l·.llLI<ATLil r\ATIVE A!ITIIOHITY (11-;\\I.I(I(L ('J.i\:'11 AI<EA) (MI\f(f(JA!;E) JUiLES, I'JS1

111 c·~ITci~e of. lh«·. )HJWt:r~ 1·onf,:nccl upon Noative Authoritictt. hy """''"" J.S (I) (X.\""1) ol llu· 1\aliw i\ulhorily Ordin;mce, the following n~ks !.; 1 ''~" h("('ll r11adt· hy lht· lkwcrre-Etdu: Federated Native Authority wrlh llu: approval of lht· l.iculcll<lllt-C;ovt:rnor of the EaHtcrn f{cgion:

I. 'l'll(·sc l"llle!i m;ay he cited :IS the: lkwcrrc·Etchc Federated ~ativc Short lille

Aulhority (lkwerre Clan Area) (Marrial(e) f(ule8 , f'J5), and •hall come ~~~;!,":~: 1111o operatum on the IHI August, I'J53.

2. In lhese rules:-

"area" means the lkwerre Clan Area of the lkwcrre-Etche Federated Native Authority.

::dowr(' i'~cludcs hridc-pri~c; . marnagc mcuns a rnarna.'(C conlractcc..l under the Nat1ve Law and Custom of the lkwerre Clan of the lkwerre-Etche Federated Native Authority hctwccn pcnmns one or hoth of whom are subject to the jurisdiction of the Native Authority;

"native authority" means the Ikwerre-Etche Federated Native Authority;

"native court" mcan!i the Elclc, INiokpo, hoha, f{umuji and Obia Native Court;

"petty cxpenseN'' includes any presents preliminary to the payment of any 1lowry payable in respect of any marriage;

"registrar" mcanN a registrar of marriages for the purposes of these rules.

3. (I) Notwithstanding any custom or practice to the contrary the Peny maximum amount of petty expenses with rcspec..1: to any marriage shall ~~~~~8:!cced not exceed either in value or in money the sum of five pounds. five pounds.

(2) Subject to the provisions of this rule petty expenses shall be distributed to the following persons in the following proportions-

(i) to the male members of the family of the bride, three pounds; (ii) to the female members of the family of the bride, two pounds.

(3) Any person who pays any sum in excess of five pounds as petty expenses after the coming into operation of these rules or any person who pays to any person mentioned in this rule any sum in excess of the proportion therein permitted or any sum as petty expenses to any person not therein named, may recover the same from the person or persons to whom it hoas been puid in a Native Coun.

Penalty.

Marriage ~.gisrriesto be ~tB­blished.

RtgisU"B.rs appointed.

Compulsory registration of marriage.

Form of "eaiatnrion.

\2) Tlw "h"u~· :~:hall ht~ paitt to tlw father and the motlwr of the hri...it'. or if ht·. tnht·r. he dt'i.T3Sf"d. to the male guardian of the bride in the ft\llowing pn,portions:

Fatht•r. twentY pounds. \lnthcr. ten pounds.

(3) :-\ny pen-on who pays any sum in excess of thirty puu1u..ls as dowry ;Ute-r tht· t."'Oining into operation of these rules or any person who pa~·s any sum as dowry to a person other than to the appropriate p_crson named in this rule may recover the same from the person to whom 1t has been paid in a :\'ati,·e Court.

3. :\ny person who demands, pays or receives any sun1 as petty expenses or as dowl")· in exeess of the sums permitted under the provisions of rules 3 and 4 of these rules shall be guilty of an offence and liable upon con­viction by a :\ative Court to a fine of five pounds or to imprisonment for two months or to both such fine and imprisonment.

6. So soon as may be after the coming into operation of these rules the :\'ative Authority shall establish a registry of marriages for the purposes of these rules at the Elele, Isiokpo, Isoba, Rumuji and Obia Native Court.

_ . i. The Court Clerk of the Elele, Isiokpo, Isoba, Rumuji and Obia l"atn·e Court shall be the Registrar of Marriages for the purposes of these rules for the area of the jurisdiction of the Court at which they are employed.

8. (I) Any marriage contracted within the area after the coming into operation of these rules shall be registered in the appropriate registry by the registrar.

(2) It shall be the duty of the husband and of the father or guardian of the bride to register any such marriage within seven days of its celebration.

(3) Any person whose duty it is to register a marriage and who fails t? do so within the appropriate time shall be guilty of an offence and !table upon conviction by a Native Court to a fine of five pounds or two months imprisonment.

(4) Upon the Native Court convicting a person under the provisions of this rule it shall order the registration of the marriage in question to be effected forthwith.

9. (I) The registrar shall keep a register for the purpose of these rules in which entries of the marriage celebrated shall be recorded in the order of their date; and every entry so made shall be dated on the day on which it is so entered and signed by the registrar.

(2) Upon the payment of five shillings the registrar shall furnish to each party to the marriage a copy of the entry in the register, which copy &hall he known as a Marriage Certificate.

54

Ill. (I) The rq~i~trar ~hilll rl'l'O~l~ tlu· lollowing ral1.!\ in the re~iatcr ~~~~a!~. vith respct:l to the hushand, the wde 0111(1 parcnlK of the huRhand and vife rc!'pn:tiYely (if Ji,ing):

(i) Names. (ii) Addresses. (iii) Occupations.

(2) In addition the registrar shall record: (i) the age:; of the hushund anJ wife wherever possihlc; (ii) whether the wife was a spinster, a widow or a divorced woman

at the time of the marriage anU (iii) full details of the amount of pettr expenses and dowry paid

and the persons to whom 1t was paad.

(3) Where the bride is a divorced woman. the registrar shall also record the Court in which the divorce was ohtamed, the number of the suit and the arnount of clowry, if any, which was repaid through the Court.

(4) Any entry made in the register shall be signed or witnessed by the husband and the father or ~;uardian of the bride in the presence of two wi~nesscs who shaH also sign or witness the entry.

11. The registrar shall allow any person to search the register and Searcba. shall give a certified copy of any entry upon payment of a fee of two shillings and sixpence.

12. The registrar shall retain custody of the register and no register c:.tocly. shall be removed from the custody of the registrar without the authority in writing of the :-lative Authority or by an order of a Native Court.

StGNIFIW in accordance with the Standing Rules and Orders of the Ikwerre-Etche Federated Native Authority, and sealed with the Corporate ~:~u;:. :~~3 ~kwerre-Etche Federated Native J\uthority on 29th day of

M. I. DtMKPA, Administrative Secretary J. MPI, l'TesidenJ

this ~~P~~;~ ~~rc~~e19;~~utenant-Govemor of the Eastern Region,

By His Honour's Command,

J. G. MACKENZIE Civil Secretary, Eastem Region