The Federal Government has faulted a court’s order which empowered local governments across the country to conduct marriages and issue certificates in respect of same.
The central government through the Ministry of Interior said it is constitutionally empowered to conduct marriages in Nigeria.
It held that the local governments were delegated by the Federal Government to conduct marriages, by virtue of Legal Notices issued pursuant to the Marriage Act.
Justice Daniel Osiagor of a Federal High Court in Lagos had on Tuesday ordered the closure of all marriage registries opened by the Ministry of Interior across the country with immediate effect.
The judge declared that all marriages conducted at the registries were illegal, invalid and unconstitutional because only the local governments were empowered to do so constitutionally.
Justice Osiagor made the declarations while delivering judgement in a suit filed marked FHC/LS/CS/816/18, filed by Eti-Osa Local Government Area of Lagos State against the Ministry of Interior and Attorney General of the Federation.
However, in its response to the judgement, the Ministry of Interior through a statement signed by the Permanent Secretary/Principal Registrar of Marriages, Dr. Shuaib Belgore, described the court’s order as conflicting and confusing.
Belgore argued that previous court’s decisions over the same subject matter which went in favour of the Federal Government were still subsisting and never appealed against.
He added that the current decision of Justice Osiagor cannot set aside a previous decision of the same court, which is of coordinate jurisdiction.
“It is noteworthy that the same Federal High Court situated in Ikoyi, Lagos, in suit number 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 held that 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.
“Rather than appeal this decision the same claimants instituted another action in 2016 in suit number FHC/L/CS/1760/16 between Egor Local Government, Eti-Osa Local Government and 2 others Vs Minister of Interior and 2 others. The court held that the suit was an abuse of court’s process as it could not be invited to make another pronouncement on the same point.
“The same issue was adjudicated in the case of Olumide Babalola Vs Ikeja Local Government and the Registered Trustees of the Association of Local Governments of Nigeria (ALGON) in suit No LD/1343/GCM/2016 wherein 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.
“It is further worthy of note that the issue of formation, annulment and other matrimonial causes are by virtue of item 61 of the 1st Schedule of the 1999 Constitution of the Federal Republic of Nigeria exclusively reserved for the Federal Government.
“Further to the above, the current decision of the Federal High Court delivered by Hon. Justice D. E. Osiagor of Court 6, cannot set aside a previous decision of the same Court, which is of coordinate jurisdiction, as that would amount to the court sitting on appeal over its own judgment.
“In the circumstances, the Federal Government through the Ministry of Interior, has applied for a certified true copy of the judgement and will take appropriate further action including but not limited to filing of an appeal in respect of this conflicting and confusing decision, in line with the provisions of the Constitution.
“We would like to appeal to the general public, the international community, to couples who had hitherto had their marriages solemnized at Federal Marriage Registries by duly licensed places of worship and to all intending couples to be calm and continue transacting their normal businesses at all Federal Marriage Registries subsisting throughout the federation in line with statutory and constitutional provisions,” the statement reads.
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