December 14, (THEWILL) – A Federal High Court sitting in Lagos, has declared as unconstitutional the power of the Federal Government to conduct marriages in Nigeria.
The court, presided over by Justice D. E. Osiagor, held that only the local government marriage registries were empowered to do such by the provisions of the 1999 Constitution (as amended).
The court therefore, ruled that the conduct of marriages and issuance of certificates were statutorily the job of the local governments as provided by the law.
It held that the acts of the Federal Government through the Ministry of Interior, operating marriage registries was beyond their powers and held that all marriages conducted by federal marriage registries or through their agents were illegal and invalid.
Justice Osiagor consequently ordered the closure of all federal marriage registries opened by the ministry, including that of the Ikoyi marriage registry with immediate effect.
There has been a legal brawl between some local government areas in Nigeria against the federal government simply for the determination of who has the power to operate marriage registries, conduct marriages and issue marriage certificates.
The LGAs had insisted that their powers to register marriages, which were statutorily provided were being usurped by the federal government through the Ministry of Interior.
Consequently, the Eti-Osa Local Government Area of Lagos State in a suit marked FHC/ LS/CS/816/18, sought an order to take over the popular Ikoyi Marriage Registry being operated by the Ministry of Interior, on the grounds that the federal government, through the ministry, had no business operating a marriage registry.
The suit which had the Ministry of Interior and Attorney General of the Federation as defendants, accused the ministry of usurping the local government power to conduct marriages and issue marriage certificates.
It also prayed the court to declare that the federal government has no business in conducting marriages and issuing marriage certificates and therefore order the closure of all marriage registries opened and operated by the Federal Ministry of Interior or through their agents, including that of the Ikoyi registry.
Granting the prayers, the court held that only the local governments have the power to conduct marriages in Nigeria
THEWILL recalls that a Lagos High Court presided over by Justice Chuka Austine Obiozor, had on May 17, 2018, restrained the Federal Government from conducting marriages.
The judgement, delivered on Suit No: FHC/L/CS/1760/16, had said marriage registries in the local government and local council development areas of Lagos State are the authentic and legally-binding government divisions established to carry out such functions.
But instead of complying with the decision of the court, the Federal Ministry of Interior went ahead to establish more marriage registries across the country.
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