Marriage registry controversy: What the court actually said

By INNOCENT ANABA

The Federal High Court in Lagos has not barred the Federal Government-owned Marriage Registries of Ikoyi, Lagos and the Federal Capital Territory Abuja from further contracting marriages under the Marriage Act, 2004.

It has, however, perpetually restrained the Federal Government through the Minister of Interior from further contracting marriages under the Marriage Act, 2004 within four Local Government Councils Areas in four states.

The Councils are: Eti-Osa in Lagos State, Egor in Edo State, Owerri Municipal in Imo State and Port Harcourt City in Rivers State.

The orders are contained in the Certified True Copy (CTC) of the judgment of Justice Daniel Osiagor delivered last Wednesday, December 8, 2021, seen by Vanguard correspondent on December 15.

The four plaintiffs in the suit marked FHC/ LS/CS/816/18 are Eti-Osa Local Government Council Area, Lagos State; Egor Local Government Council Area, Edo State; Owerri Municipal Local Government Council Area, Imo State and Port Harcourt City Local Government Council Area, Rivers State.

The three defendants are the Minister of Interior; Attorney-General of the Federation and Minister of Justice; and a firm, Anchor Dataware Solutions Limited (party joined by order of the court on April 9, 2019).

Justice Osiagor, however, refused to direct the Minister of Interior to return all marriage certificates issued within the respective Plaintiffs’ Local Government Councils since June 8, 2004, as demanded by the plaintiffs.

The judge also refused to order the Minister of Interior to return all the fees/money paid by couples’ since June 8, 2004, to the Plaintiffs’ Marriage Registries for re-issuance.

Regarding the plaintiffs’ prayer for an order sealing all Federal Marriage Registries in their local governments, the judge granted the prayer in part.

He granted the prayer to the extent that there shall be no Federal Marriage Registry in the Marriage Districts (Local Government Councils) save Ikoyi and Abuja Federal Marriage Registry which predate the 1999 Constitution.

The order, the court held, is without prejudice to Minister of Interior’s “exclusive powers” to issue licenses to places of public worship to celebrate marriages all over the Federation.
The court orders on the plaintiffs’ seven prayers are as follows:

“Reliefs 1 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further contracting marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiffs’ Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.

“Reliefs 2 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further celebrating marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN). 2004 within the Plaintiffs Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.

“Reliefs 3 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further granting or issuing certificates of marriage under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiffs’ Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.

“Relief 4 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further registering marriages contracted and/or celebrated under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiffs’ Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.

“Reliefs 5 & 6 refused

“Relief 7 granted to the extent that there shall be no Federal Marriage Registry in the Marriage Districts (Local Government Councils) save Ikoyi and Abuja Federal Marriage Registry predating the 1999 Constitution without prejudice to 1st Defendants exclusive powers to issue license to places of public worship to celebrate marriages all over the Federation.” (Vanguard)