All Marriages Conducted at
Registry Illegal, Nigeria
Court Says
Foreign embassies in connivance with Ikoyi
marriage registry has rubbished our
constitution, but it is not too late to make
amends.
Ikoyi registry is a shade of many malpractices
where old men and women are rented as
parents just for the sake of obtaining a
marriage certificate without genuine intents.
If any embassy rejects marriage certificates
produced from local govts, then they must be
challenged and made to do the needful else
spark a diplomatic row.
December 14, 2021 Reading Time: 4 mins read
A Nigerian High Court sitting in Lagos, has declared that
it was unconstitutional for the federal government to
conduct marriages, declaring as illegal and invalid, for
example, all solemnisation of unions at the Ikoyi
marriage registry, Lagos.
The court, presided over by Justice D. E. Osiagor, held
that only the local government marriage registries were
empowered to do such 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.
He 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 simply for the determination of 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 itsought 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.
At the end, the court granted their prayers, saying only
the local governments have the power to conduct
marriages in Nigeria.
THISDAY investigation revealed that the latest judgment
was not the first to emanate from the court.
On May 17, 2018, Justice Chuka Austine Obiozor of the
same, while delivering judgment on Suit No:
FHC/L/
CS/1760/16, had issued a restraining order against Ikoyi
registry from conducting marriages, saying it was
unconstitutional for the federal government to perform
the duties of the state and local governments.
He said the marriage registries in the local government of
Lagos State were the authentic and legally-binding
government divisions established to carry out such
functions.
Addressing a press conference afterwards, 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 Ikoyi Marriage Registry
over the local government registries.
“We are going to use every available platform in the five
divisions across the state to sensitise 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.
