Nigeria’s Federal High Court sitting in Lagos and presided over by Justice D. E. Osiagor, has ruled that it is unconstitutional for the federal government to conduct marriages.
Justice D. E. Osiagor, held that only the local government marriage registries are empowered to do such by the provisions of the 1999 Constitution (as amended).
He declared that the conduct of marriages and issuance of certificates are 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 is beyond their powers and held that all marriages conducted by federal marriage registries or through their agents are illegal and invalid.
Osiagor 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 battle between some local government areas in Nigeria against the federal government over who has the power to operate marriage registries, conduct marriages and issue marriage certificates.
The LGAs had insisted that their power to register marriages was being taken over by the federal government through the Ministry of Interior.
This caused the Eti-Osa Local Government Area of Lagos State to go to court, where it sought 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.