Update from the
PERMANENT SECRETARY AND PRINCIPAL REGISTRAR OF MARRIAGES, MINISTRY OF INTERIOR
There has been a legal brawl between some Local Government Areas (LGAs) of Nigeria against the Federal Government simply for the determination of who has the power to operate marriage registries, conduct marriages and issue marriage certificates.
Statutorily, the local governments are the ones empowered to conduct marriages and issue marriage certificates, for this reason, the LGAs have insisted that their powers to register marriages that are statutorily provided are being usurped by the Federal Government through the Ministry of Interior.
The Eti Osa Local Government Area of Lagos State took the Ministry of Interior and Attorney General of the Federation to court in suit no.: FHC/ LS/CS/816/18 between Eti-Osa LGA & 3 others v. Hon. Minister of Interior & 2 others (Federal High Court, Ikoyi Judicial Division), where they accused the Federal Ministry of Interiors of usurping the Local Government’s power to operate marriage registries, conduct marriages, and issue marriage certificates.
They prayed the court to declare that the federal government has no business in the conduction of marriages and issuing marriage certificates and 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.
The case lingered but recently, the Federal High Court sitting in Ikoyi held in the favor of the Eti-Osa local government and granted their prayers.
The court held that conduct of marriages and issue of the certificate is statutorily the job of the local governments as provided by the law and only the local governments have the power to do such and the acts of the federal government through the Ministry of Interior operating marriage registries is clearly beyond their powers.
The court further held that all marriages conducted by federal marriage registries or through their agents are illegal and invalid and the Federal High Court also ordered for the closure of all federal marriage registries including that of Ikoyi marriage registry with immediate effect.
Addressing a press conference afterward, Lagos State Commissioner for Local Government and Community Affairs, Muslim Folami, said the judgment would be communicated to all stakeholders, including the embassies.
Folami said the decision of the court was supreme and legally binding on all and that all marriages conducted and registered in any of the 20 local governments were valid and in accordance with the marriage act.
Particularly, he said the judgment would put a stop to the perception of superiority of the Ikoyi Marriage Registry over the local government registries.
“We are going to use every available platform in the five divisions across the state to sensitize our people and inform them about this latest development – from Epe to Ikorodu, Badagry, Ikeja, and Lagos Island,” he said.
But instead of complying with the decision of the court, the Federal Ministry of Interior went ahead to establish more marriage registries across the country.
Replies at the bottom. Don’t forget to leave yours.
This article is wrong. Based on Nigeria constitution Marriage is under the FGN exclusivity list and Nigeria Marriage Act also confered same power on the President/Minister.
Decided cases between Local governments and FGN have ascertained this.
Local government, place of worship or other public registrars can still conducted marriages BUT must obtain license/ permission to conduct such marriages through the Ministry of Interior. The marriage certificates comes in 3 copies, a copy for the couple, 2nd copy to be returned to registry where the permit was obtained and the 3rd copy which is book copy and must be teturned to the registrar when exhausted. The issue was that some local government overtime started printing their marriage certificate but that has been decided on by court.
Please the 1999 Constitution does not have Exclusive Lists for the federal government. The Exclusive Lists is for purpose of making laws and it is called Exclusive Legislative Lists and it is to be used by the National Assembly. The National Assembly is not for the Federal Government. It is for the government of the Federation. This means that the National Assembly can make laws for the Federal, State and Local governments on items in the Exclusive Legislative Lists. Because of the military running a unitary system it has stuck with us that that is the norm. The federal govt should have no right over local events and if the local governments are in charge of births and deaths, is it not logical that they should be in charge of marriages and divorces? That should be the law and the Judge is right. My viewpoint, please.
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