A Federal High Court, Lagos Division has declared unconstitutional the power arrogated to itself by the federal government to conduct marriages, and therefore declared as illegal and invalid, all solemnisation of unions at the Ikoyi marriage registry, Lagos.
Justice D. E. Osiagor held that only the local government marriage registries were empowered to perform such function 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.
The Justice consequently ordered the closure of all federal marriage registries opened by the ministry, including that of Ikoyi marriage registry with immediate effect.
There has been a legal brawl between some local government areas in Nigeria against the federal government on who has the power to operate marriage registries, conduct marriages and issue marriage certificates.
For this reason, the LGAs had insisted that their powers to register marriages, which were statutorily provided were being usurped by the federal government through the Ministry of Interior.
This prompted the Eti-Osa Local Government Area of Lagos State to go to court, where it sought an order to take over the popular Ikoyi Marriage Registry being operated by the Ministry of Interior, on the grounds that the federal government, through the ministry, had no business operating a marriage registry.
The suit marked 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.
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.
