By A Federal High Court sitting in Lagos has ruled that it was unconstitutional for the federal government to conduct marriages and issue certificates.
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).
He submitted that the conduct of marriages and issuance of certificates were statutorily the job of the local governments as provided by the law.
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.
In a suit marked FHC/ LS/CS/816/18, Eti Osa LGA of Lagos state had dragged the Ministry of Interior to court challenging its power to operate marriage registries, conduct weddings and issue marriage certificates.
The suit which also had the Attorney General of the Federation as a defendant, 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.
Eventually, the court granted their prayers, saying only the local governments have the power to conduct marriages in Nigeria.
On May 17, 2018, Justice Chuka Austine Obiozor of the same court, while delivering judgment on Suit No: FHC/L/CS/1760/16, had issued a restraining order against Ikoyi registry from conducting marriages, saying it was unconstitutional for the federal government to perform the duties of the state and local governments.
