A failed engagement is often regarded as a private emotional setback, but under Nigerian law, a broken promise to marry can, in certain circumstances, become the subject of a civil lawsuit.
The legal action, known as breach of promise to marry, arises where one person makes a genuine and definite promise to marry another person and subsequently refuses or fails to honour that commitment.
However, not every declaration of love, romantic conversation or informal expression of intention to marry is sufficient to establish a legal claim.
The person bringing the action must demonstrate that a clear promise to marry existed and that the promise was subsequently breached.
Supreme Court Sets Out Requirements
The Supreme Court addressed the issue in Ezeanah v. Atta (2004) 7 NWLR (Pt. 873) 468, where it considered the evidence required to establish a claim for breach of promise to marry.
The decision underscores the importance of proving that an actual and genuine promise existed rather than relying solely on an allegation that the parties had been in a romantic relationship.
Evidence Can Make or Break the Case
A promise to marry does not necessarily have to be contained in a formal written agreement.
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Evidence may come from conversations, text messages, letters, correspondence, wedding arrangements, family introductions and other conduct capable of demonstrating that a definite commitment to marriage was made.
The law, however, places particular emphasis on corroboration.
Under Section 197 of the Evidence Act 2011, evidence given by a claimant in an action for breach of promise of marriage is required to be corroborated by other material evidence.
This means that an allegation that a former partner promised to marry may not, by itself, be sufficient for a successful claim.
Men Can Also Sue
The right to bring such an action is not limited to women.
A man may also institute a claim where he can establish that a genuine promise of marriage was made to him and subsequently breached.
The Supreme Court considered such circumstances in Mabamije v. Otto (2016) 6 NWLR (Pt. 1507) 80, involving a woman who alleged that a man had promised to marry her before subsequently backing out.
The case illustrates that the courts are concerned with whether the legal requirements for the claim have been established, rather than simply which party ended the relationship.
Can the Court Force Marriage?
A Nigerian court cannot compel an unwilling person to enter into a marriage.
Where a breach of promise to marry is successfully established, the remedy may instead take the form of damages, depending on the facts of the case and the losses recognised by the court.
Family introductions, exchanged engagement gifts and wedding preparations can potentially provide evidence supporting a claim, but none of these circumstances automatically establishes that a legally enforceable promise existed.
Ultimately, the law draws a distinction between the breakdown of a romantic relationship and the breach of a legally recognisable promise to marry.
The critical questions are whether a genuine and definite promise was made, whether it was subsequently broken and whether the claimant has sufficient corroborated evidence to establish the claim before the court.