Justice D.E Osiagor of a Federal High Court sitting in Ikoyi, Lagos State, Nigeria, has held that it remains unconstitutional for the Federal Government of Nigeria, FGN, to conduct marriages.
The court, therefore, declared as illegal and invalid, all solemnization of unions at the Ikoyi Marriage Registry, Lagos.
The judge further held that only the local government marriage registries were empowered to do such going by the provisions of the 1999 Constitution (as amended).
Justice Osiagor also maintained that the conduct of marriages and issuance of certificates were statutorily the job of the local governments as provided by the law.
The court posited that the acts of the FGN 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 directed the closure of all federal marriage registries opened by the ministry, including that of the Ikoyi marriage registry with immediate effect.
It would be recalled that there had been a confrontation between some local government areas in Nigeria against the FGN.
The local government are itching that the court should determine who has the power to operate marriage registries, conduct marriages and issue marriage certificates.
This position had prompted the LGAs to insist that their powers to register marriages, which were statutorily provided were being usurped by the federal government through the Ministry of Interior.
In specific terms, the Eti-Osa Local Government Area of Lagos State had approached the court to seek an order to take over the Ikoyi Marriage Registry being operated by the Ministry of Interior because the FGN, through the Ministry, had no business operating a marriage registry.
The legal action designated 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.
The LGA further urged the court to declare that the federal government has no business in the conduct 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.
Before this time, and specifically on May 17, 2018, Justice Chuka Obiozor of the same court had while handing down his judgment in a suit designated FHC/L/CS/1760/16, issued a restraining order against the Ikoyi Marriage Registry from conducting marriages, saying it was unconstitutional for the FGN to perform the duties of the state and local governments.
Justice Obiozor particularly held that the marriage registries in the local government of Lagos State were the authentic and legally-binding government divisions established to carry out such functions.
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