A court of appeal sitting in Lagos has nullified the judgment of a lower court which restrained the Federal Government from further registering marriages within some local government councils.
Eti Osa LGA of Lagos state, in a suit marked FHC/ LS/CS/816/18, had approached the court to challenge the powers of the Ministry of Interior to operate marriage registries, conduct weddings and issue marriage certificates.
Other LGA that joined the suit to challenge the federal government include Egbor LGA, Edo state; Owerri Municipal LGA in Imo state; and Port Harcourt City LGA in Rivers state.
In December 2021, Daniel Osiagor, a federal high court judge in a ruling, agreed that local governments are statutorily empowered to conduct weddings and issue certificates.
The court restrained the minister of interior and/or either by his privies, agents or delegates from further registering marriages contracted or celebrated under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004, within the plaintiffs’ local government areas.
To seek redress, the Ministry of Interior filed an appeal at the Court of Appeal in Lagos.
The court of appeal in its judgement delivered on August 2, held that federal and local government councils are legally empowered to celebrate, contract and register marriages between prospective couples in the country.
The three-member panel of the court held that the local government has no exclusive rights to contract and celebrate marriages between prospective couples.
“I am therefore of the considered view that the restriction imposed by the lower court directing the 1st Cross Respondent to only conduct, celebrate and contract marriages in the marriage registries situated at Ikoyi, Lagos, and Federal Capital Territory Abuja is wrong and erroneous,” the court held.
