By The Federal Ministry of Interior has insisted that marriages conducted by Ikoyi marriage registry are legal and valid.
BlackBox Nigeria had reported that a Federal High Court sitting in Lagos ruled that it was unconstitutional for the federal government to conduct marriages and issue certificates,
The court, presided over by Justice D. E. Osiagor, further held that all marriages conducted by federal marriage registries or through their agents were illegal and invalid, including those conducted at Ikoyi registry.
Reacting in a statement on Tuesday, the ministry’s Permanent Secretary/Principal Registrar of Marriages, Dr. Shuaib Belgore stated that there were existing court judgments empowering the Federal Government, through the Ministry of Interior to conduct marriages, by virtue of Legal Notices issued pursuant to the Marriage Act.
The statement read in part, “It is noteworthy that, the same Federal High Court situated in Ikoyi, Lagos in Suit No. FHC/L/870/2002 between Prince Haastrup and Eti Osa Local Government held that the Federal Government, through the Ministry of Interior is constitutionally empowered to conduct marriages in Nigeria and heldthat the Local Governments were delegated by the Federal Government to conduct marriages, by virtue of Legal Notices issued pursuant to the Marriage Act.
“In that case, the learned trial judge held that nothing in the role of local governments, as defined in the Constitution, suggests that local governments can conduct or contract marriages as alleged in their pleadings. The Court affirmed that powers of the local governments to contract statutory marriages is derived from the Legal Notices issued by the President. The Court also confirmed that the role of local governments, as enshrined in the Constitution is limited to registration of all forms of marriages (including Islamic and customary marriages).
“Rather than appeal this decision, the same claimants instituted another action in 2016 Suit no. FHC/L/CS/1760/16 Egor Local Government, Eti- Osa Local Government and 2 others V Hon, Minister of Interior and 2 Others. The Court held that the Suit was an abuse of court process, as it could not be invited to make another pronouncement on the same point of law, which would lead to conflicting decisions coming from the same court and therefore struck out the case.
“The same issue was adjudicated in the case of Olumide Babalola vs Ikeja Local Government and the Registered Trustees of the Association of Local Government of Nigeria (ALGON) in Suit No. LD/1343/GCM/2016 delivered on 15th May, 2017. The Court held that while registration of marriages are regulated by local governments, being under the concurrent list, formation of marriage is under the Exclusive Legislative List, within the jurisdiction of the Federal Government, regulated by the Ministry of Interior.”
The ministry appealed to members of the public, especially couples who had their marriages conducted at Federal Marriage Registries by duly licensed places of worship and to all intending couples to remain calm, asking them to “continue transacting their normal businesses at all Federal Marriage Registries subsisting throughout the federation in line with statutory and constitutional provisions.”
