When “I Do” Becomes “I Don’t”: Can You Sue for a Broken Promise to Marry in Nigeria?
by Emma Moe
A broken engagement can feel like a devastating personal betrayal — but does the law offer a remedy when someone promises to marry and then refuses? In Nigeria, the courts have long treated an agreement to marry as a legal relationship in certain circumstances, and an injured party may sometimes recover damages. This article explains what the law says, the elements you must prove, typical remedies, defences, and practical steps if you are considering legal action.
Is a promise to marry legally binding in Nigeria?
Short answer: Sometimes. Nigerian courts recognise a claim for “breach of promise to marry” where the claimant proves there was a genuine agreement to marry and that the defendant reneged on that agreement. Courts treat such claims under contract/common-law principles and will award damages where appropriate; they will not order specific performance (i.e., force a marriage).
What the courts require: the two essential elements
- Proof of a promise/agreement to marry: An express oral or written promise may suffice, but the courts look for clear evidence (letters, wedding plans, monetary transfers specifically tied to an intended marriage, testimonies of arrangements with families, or conduct strongly indicating intention to marry). Mere dating or romance alone is not enough.
- Actual breach: The claimant must show the other party failed or refused to keep the promise (e.g., publicly announcing refusal, marrying someone else, or otherwise repudiating the agreement).
Key Nigerian cases you should know
Ezeanah v. Atta (2004) — Supreme Court: The Supreme Court set out the test for a breach of promise to marry and emphasised that the claim must be supported by clear evidence of an agreement to marry (the court explained that an ordinary romantic relationship without more will not suffice). This case is frequently cited for the two-element test.
Mabamije v. Otto (2016) — Supreme Court: This case involved a claimant who sought both damages and an order to compel the defendant to finalise marriage arrangements. The case reached the Supreme Court and illustrates both the kinds of relief sought and the procedural/technical defences (such as estoppel) that can defeat a claim. While courts have confirmed such claims are recognised, outcomes depend heavily on the facts and proof.
What remedies will the court grant?
- Damages: Compensation for quantifiable losses (e.g., money spent in reliance on the promise, wedding deposits) and, in some circumstances, general damages for distress or injured feelings where supported by the facts. The quantum is discretionary and follows normal remoteness rules (losses must flow from the breach).
- No specific performance: Courts will not force a marriage — they may not order the defendant to marry.
Common defences
- Estoppel/waiver: If the claimant previously abandoned a claim or accepted a settlement, she may be estopped from suing again. Mabamije v. Otto illustrates how procedural and estoppel issues can be decisive.
- Misrepresentation, fraud or duress: If the promise was obtained by fraud or false pretences, it may be voidable.
- No clear promise: A romantic relationship alone is not proof — the defendant can argue there was never a binding promise.
Practical steps if you’re considering legal action
- Collect evidence now: Preserve messages, letters, invoices for wedding expenses, receipts for gifts bought for the wedding or spouse, witness statements from family who took part in arrangements, records of deposits to venues or suppliers. Clear documentary evidence is critical.
- Get legal advice early: An experienced family or contract lawyer can analyse strengths (proof of promise and losses) and weaknesses (estoppel, prior settlement) and advise on likely remedies and costs.
- Consider alternatives: Mediation or negotiation may be faster and less expensive than litigation, and might recover wedding costs without the uncertainties of court.
Bottom line
Nigerian law recognises breach-of-promise claims in the right facts. Success depends on proving a clear agreement to marry and a demonstrable breach and loss. The Supreme Court decisions (notably Ezeanah v. Atta and Mabamije v. Otto) remain the leading authorities on how courts approach proof and remedies. If you are contemplating a claim, gather documentary evidence and consult a lawyer for a case-by-case assessment.
Legal sources and further reading: Ezeanah v. Atta (2004) (Supreme Court); Mabamije v. Otto (2016) (Supreme Court); law firm commentaries and legal practice guides on breach of promise to marry in Nigeria.
This article is for general information only and does not constitute legal advice. For advice about your particular situation, consult a qualified Nigerian lawyer.