There has been a protracted dispute between local authorities and the federal government over whom to conduct statutory marriages in Nigeria.
The Court of Appeal in Lagos has overturned a judgement granting exclusive rights to local governments to conduct statutory marriages in Nigeria.
The appellate court said both local governments and the Federal Marriage Registries can hold marriages and issue certificates to couples.
Four local governments - Eti-Osa (Lagos State), Gor (Edo State), Owerri Municipal (Imo State) and Port-Harcourt (Rivers State) - had sued the Minister of Interior and the Attorney General of the Federation and Minister of Justice, seeking to have the exclusive right to administer marriages.
The plaintiffs sued the federal government at the Federal High Court in Lagos.
Delivering judgement on the suit at the trial court in December 2021, the judge, Daniel Osiagor, restrained the Minister of Interior who operates the Federal Marriage Registries "from further contracting marriages under the Marriage Act ... Laws of the Federation of Nigeria 2004."
Dissatisfied with Mr Osiagor's decision, the Attorney General and the Interior Minister filed their separate appeals on the matter.
The AGF, represented by Tijjani Gazali, a Senior Advocate of Nigeria (SAN), urged the Court of Appeal to hold that the trial court was wrong to have conferred exclusive rights to the local governments to conduct marriages and issue certificates to couples.
Judgement
In a copy of the judgement delivered on 2 August but seen by PREMIUM TIMES on Wednesday, a three-member panel of the Court of Appeal, Lagos, led by Olukayode Bada, held that neither the local councils nor the federal government have the exclusive right to conduct statutory marriages.
In the lead decision, Abubakar Umar, citing a 2002 judgement of the Federal High Court on a similar dispute, said, "It is my considered view that the pronouncement of the court ... in 2002 ... does not confer either" the local governments or the Interior Minister "with the exclusive rights to conduct, celebrate or contract marriages."
Mr Umar added that "any allusion to exclusive rights to conduct marriages" by the parties "is not only inconsistent with the decision of" the Federal High Court in 2002 "but at variance with the extant provision of the Marriage Act and the subsidiary legislations..."
The appellate court agreed with the trial court that the "celebration and contraction of marriages in local government councils are valid."
"The lower court was in manifest error when it granted an injunction restraining the 5th respondent (Interior Minister) from further contracting, celebrating, issuing marriage certificates or registering marriages within local government areas," the Appeal Court said.
Mr Umar cautioned against arrogating to themselves the "exclusive powers to conduct, celebrate and register statutory marriages."
The appellate court further refused the local governments' request to order the Interior Minister to return all marriage fees received from couples since 2002.
The Justice noted that the suit instituted by the local governments did not constitute an abuse of the court process as earlier argued by the AGF in his briefs.
Background
There has been a protracted dispute between local authorities and the federal government over whom to conduct statutory marriages in Nigeria.
The issue got to a head when embassies in Nigeria refused to recognise marriage certificates issued by local government councils, citing credibility issues.
In granting visas to married couples, embassies and foreign organisations only recognise marriage certificates issued by the Federal Marriage Registries in Abuja, Lagos and other major cities in Nigeria.
As a result, the four local councils in Lagos, Edo, Imo and Rivers States, lodged the suit at the Federal High Court in Lagos, praying it confer exclusive jurisdiction on them to conduct marriages.
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In an originating summons filed on 12 April 2019, the plaintiffs through their lawyer, Michael Roger, urged the court to grant an "order of perpetual injunction restraining" the Interior Minister or his agents "from further contracting marriages under the Marriage Act...of the Federation of Nigeria."
They also sought an "order restraining" the Interior Minister or his agents "from further celebrating marriages under the Marriage Act of the Federation... within the plaintiffs' local government councils."
"An order of court directing the 1st defendant to return all marriage certificates issued within the respective plaintiffs' local government councils since 2002.
"An order directing the 1st defendant to return all fees paid by couples since 2002 to the plaintiffs' marriage Registries for re-issuance.
"An order of court sealing all the Federal Marriage Registries established by the 1st defendant in the applicants' local governments in Nigeria."
