23(3) Nothing contained in any law shall
be held to be in contravention of
subsection (1)(a) to the extent that the law
in question relates to any of the following
matters – (a) adoption, marriage, divorce,
burial, devolution of property on death or
other matters of personal law; (b) the
application of African customary law in any
case involving Africans or an African and
one or more persons who are not Africans
where such persons have consented to
the application of African customary law in
that case ”