Tobias Sylvester
A Federal High Court in Lagos has declared as ‘illegal and invalid’ all solemnisation of unions held at the Ikoyi marriage registry, saying that it was unconstitutional for the federal government to conduct marriages.
The court, presided over by Justice D. E. Osiagor, held that only the local government marriage registries were empowered to conduct marriages, and issuance of certificates by the provisions of the 1999 Constitution (as amended).
The judge added 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.
He consequently ordered the closure of all federal marriage registries opened by the ministry, including that of 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.
For this reason, 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.
This prompted the Eti-Osa Local Government Area of Lagos State to go to court, where it 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 marked FHC/ LS/CS/816/18, 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 the conduction of 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.
At the end, the court granted their prayers, saying only the local governments have the power to conduct marriages in Nigeria.
This comes a few months after the Federal Ministry of Interior warned against ”Ghost marriages”, saying that any Federal Registrar found to have violated the law with regards to registration of marriages, shall be punished.
