The Yagba Woman-Husband Tradition
Unveiling the Yagba custom and the legal battle that questioned its validity in 1970s Nigeria
The Nigerian Custom That Allows Women to Marry Women
In 1970, a Kwara State marriage between two women became a court case, questioning the place of this traditional union within broader society.
1. A Traditional Union
Sometime in the 1960s, Madam Ajayi Are, popularly called Fatimoh Onisango, a farmer and priestess to the god of thunder, paid £5 dowry to marry Musili, a younger woman, in Ejuku in Yagba, which was under Kwara State at the time. Among her people, this was a common tradition.
When Woman 2 (1970) by DRUMArchiving
3. Trouble in Paradise
Musili moved in with her woman-husband and helped her out on her farm. Madam Onisango would later choose Buraimoh Are as her wife's male partner. The arrangement produced two children, but Are soon grew possessive, claiming Musili and the children as his own, disregarding custom.
4. When Custom Meets Colonial Court
When Are filed a lawsuit at the Kabba Divisional Court, he argued that Musili was his wife and the children were rightfully his. The court agreed, ruling that a woman could not legally marry another woman.
5. Fighting for Recognition Under Native Law
Onisango filed an appeal before the Upper Area Court in Lokoja, arguing that under the native law of Yagba, she was the legal husband and parent. The three-member panel was chaired by Mr S.O. Opaluwa, with Alhaji S.A. Kenchi and Alhaji M. M. Saidu as associate judges.
6. A Custom Declared 'Foreign and Inimical'
The appeal failed and was dismissed on April 15, 1970. The court gave custody of Musiili and the children to Are and told Onisango to reclaim her £5 dowry. The judges called her union with Musili “foreign and inimical to the principle of natural justice.”
7. Defying the Ruling
Are took the children and left Ejuku town, but Musili refused to leave Onisango as the court ordered. She recognised the priestess as her legitimate husband and continued helping her on the farm. She also believed her children would return to her someday.
8. Musili's Final Stand
“My parents collected dowry from Madam Onisango and not from Buraimoh Are. I only recognised him (Are) because Madam Onisango arranged with him to have affairs with me as laid down customs.”
9. Divided Opinions on Ancient Practice
After the court case ended in 1970, DRUM magazine interviewed 11 people in Yagba about the custom, and only four supported it. They argued that it provided support for childless women and that women in such unions were often better cared for than those in traditional marriages with men.
10. A Chief's Call for Change
Among the seven people who backed the court’s decision to outlaw the custom was the Agbana of Isanlu, Alhaji Ibrahim Agaie, the paramount traditional ruler of Yagba. The third-class chief called for the complete eradication of the custom, describing it as “outmoded and outdated.”
By Terence SpencerLIFE Photo Collection
The Survival of Yagba Custom Today
The practice still exists in Yagbaland, now in present-day Kogi State, but is not as popular anymore.
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