Appeal Court To FGN, LGs: You Have Legal Authority To Celebrate, Contract, Register Marriages

The Lagos Division of the Court of Appeal has ruled that the judgment of the Federal High Court, Ikoyi, Lagos, presided over by Justice Daniel Osiagor, which restrained the Federal Government of Nigeria (FGN) from further registering marriages contracted or celebrated under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within some Local Government Councils Areas in the country, cannot stand.

The Appeal Court arrived at the decision on Wednesday, August 2, 2023, where it declared that both the FGN and Local Government Councils have the legal authority to celebrate, contract, and register marriages between prospective couples.

The Court of Appeal equally held that not one organ of government has the exclusive preserve of contracting and celebrating marriages between a prospective couple.

The decision of the Appellate Court was handed down by Justice Abubakar Sadiq Umar and adopted by Justice Jimi Olukayode Bada (presiding) and Justice Fredrick Eziakpono Oho.

It would be recalled that Justice Osiagor's-led Federal High Court had in its judgment delivered on December 8, 2021, in a suit jointly filed by Eti-Osa Local Government, Lagos State, Egbor Local Government, Edo State, Owerri Municipal Local Government, Imo State, and Port-Harcourt City Local Government against the Minister of Interior, the Attorney General of the Federation, and Anchor Dataware Solution Limited, granted Reliefs 1, 2, 3 and 4 as endorsed on the amended Originating Summons while Reliefs 5 and 6 were refused, Reliefs 7 was granted in part.

Justice Osiagor had equally stopped the Minister of Interior and/or either by his privies, agents, or delegates from further registering marriages contracted or celebrated under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiffs’ Local Government Councils Area.

But not satisfied, the appellant (Minister of Interior) in its Notice of Appeal designated CA/LAG/CV/566/2022, prayed the court to determine two issues namely; "Whether the lower court was right when it held that the plea of the doctrine of 'res judicata' is inapplicable to the 1st to 4th respondents action.

‘’Whether the learned trial Judge was right when it granted the reliefs sought by the 1st to 4th respondent and found that the judgment in Suit No: FHC/870/2002 granted exclusive rights to the 1st – 4th respondents and other Local Governments in Nigeria to conduct, celebrate and register marriages within their local government’’.

However, in resolving the issue, the Court of Appeal held that the lower court was wrong in granting reliefs 1st – 4th of the reliefs sought by the 1st to 4th respondents and granting reliefs 7 as endorsed on the amended originating summons in part.

While insisting that both the appellant and the respondents have the vires to celebrate, contract, and register marriages between intending couples, Justice Umar stated that the lower court was correct in refusing reliefs 5 and 6 as endorsed on the respondents’ amended originating summons.

On whether the lower court was right when it held that the plea of the doctrine of res judicata is inapplicable to the 1st to 4th respondents’ action, the court held that by virtue of the declaratory orders made in Suit No FHC/L/870/2002, the 1st to 4th respondents are entitled by law to seek the enforcement of the said orders by instituting fresh proceedings as in the instant case.

According to Justice Umar, "I am of the considered view that the 1st to 4th respondents commenced Suit No FHC/L/CS/816/2018 in order to enforce the declaratory reliefs made by the court in FHC/L/870/2002. In the enforcement of the said judgment, the fresh proceedings in Suit No FHC/L/CS/816/2018 cannot be tainted by the doctrine of res judicata. 

“I, therefore, have no difficulty in finding that the doctrine of res judicata is inapplicable to Suit No FHC/L/CS/816/2018. This issue is consequently resolved against the appellant”.

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