By Lagos High Court declares all local governments’ marriage certificates unconstitutional, perpetually restrains them from further issuing “customized” marriage certificates.
The Lagos High Court on Monday, 15th day of May 2017 delivered a judgement declaring the marriage certificates issued by all local governments in Nigeria illegal and unconstitutional while restraining them from further issuance of “Local Government Unified Marriage Certificate” to Nigerians.
In a class action filed by Consumer Rights Lawyer, Olumide Babalola against Ikeja Local Government and ALGON (Association of Local Governments of Nigeria), in Suit No. LD/1343GCM/16.
On hearing the case, Hon. Justice Ibironke Harrison of the Igbosere division declared that the Ikeja local government lacks constitutional powers to issue customised certificates which is different from the Federal issued certificates.
She stated that couples with the customised local government certificates should return them in order to be issued with the proper ones.
She ordered as follows:
1. Declaration that the 1st Defendant (Ikeja Local Government) does not have powers to issue modified and/or customized marriage certificates different from that provided in Form E under section 24 of the Marriage Act, LFN 1990.
2.Declaration that the 2nd Defendant’s (ALGON) “Local government Unified Marriage Certificate” is unknown to our law, unconstitutional, null and void.
3. Perpetual injunction restraining the Defendants, their agents, officers, employees and representatives from further issuing modified and/or alter marriage certificate apart from the form as provided under Form E (1st schedule) and section 24 of the Marriage Act, LFN 1990.
4. Perpetual injunction restraining the 2nd Defendant, their agents, officers, employees and representatives from further issuing “Local Government Unified Marriage Certificates.
5. An Order that all modified marriage certificates issued by 1st and 2nd Defendants be surrendered to the appropriate local government where the marriage was conducted and an appropriate certificate in line with Form E should be re-issued to the Claimant herein and all concerned persons.
By this judgement, intending couples are to ensure that the type of certificates issued to them by local government marriage registries conform with the one issued by the Federal Marriage Registry in Form E while already married couples are to return their irregular and illegal marriage certificates to the local governments in exchange for the proper ones.
