A High Courtroom has voided all marriages performed on the Ikoyi marriage registry, Lagos.
The High Courtroom sitting in Lagos, based on Arise Tv, held that it was unconstitutional for the federal authorities to conduct marriages, declaring as unlawful and invalid, for instance, all solemnisation of unions at Ikoyi marriage registry.
The courtroom, presided over by Justice D. E. Osiagor, held that solely the native authorities marriage registries have been empowered to do such by the provisions of the 1999 Constitution (as amended).
He submitted that the conduct of marriages and issuance of certificates have been statutorily the job of the native governments as provided by the regulation.
The judge added that the acts of the federal authorities by way of the Ministry of Interior,operating marriage registries was past their powers and held that every one marriages performed by federal marriage registries or via their brokers have been unlawful and invalid.
He consequently ordered the closure of all federal marriage registries opened by the ministry, together with that of Ikoyi marriage registry with instant impact.
There was a authorized brawl between some native authorities areas in Nigeria towards the federal authorities merely for the dedication of who has the ability to function marriage registries, conduct marriages and subject marriage certificates.
Because of this, the LGAs had insisted that their powers to register marriages, which have been statutorily supplied have been being usurped by the federal authorities by way of the Ministry of Inside.
This prompted the Eti-Osa Native Authorities Space of Lagos State to go to courtroom, the place itsought an order to take over the favored Ikoyi Marriage Registry being operated by the Ministry of Inside, on the grounds that the federal authorities, by way of the ministry, had no enterprise working a wedding registry.
The go well with marked FHC/ LS/CS/816/18, which had the Ministry of Inside and Legal professional Basic of the Federation as defendants, accused the ministry of usurping the native authorities energy to conduct marriages and subject marriage certificates.
It additionally prayed the courtroom to declare that the federal authorities has no enterprise within the conduction of marriages and issuing marriage certificates and due to this fact order the closure of all marriage registries opened and operated by the Federal Ministry of Inside or by way of their brokers, together with that of the Ikoyi registry.
On the finish, the courtroom granted their prayers, saying solely the native governments have the ability to conduct marriages in Nigeria.
THISDAY investigation revealed that the most recent judgment was not the primary to emanate from the courtroom.
On Might 17, 2018, Justice Chuka Austine Obiozor of the identical, whereas delivering judgment on Go well with No: FHC/L/CS/1760/16, had issued a restraining order towards Ikoyi registry from conducting marriages, saying it was unconstitutional for the federal authorities to carry out the duties of the state and native governments.
He mentioned the wedding registries within the native authorities of Lagos State have been the genuine and legally-binding authorities divisions established to hold out such features.
Addressing a press convention afterwards, Lagos State Commissioner for Native Authorities and Group Affairs, Muslim Folami, mentioned the judgment could be communicated to all stakeholders, together with the embassies.
Folami mentioned the choice of the courtroom was supreme and legally binding on all and that every one marriages performed and registered in any of the 20 native governments have been legitimate and in accordance with the wedding act.
Notably, he mentioned the judgment would put a cease to the notion of superiority of Ikoyi Marriage Registry over the native authorities registries.
“We’re going to use each accessible platform within the 5 divisions throughout the state to sensitise our folks and inform them about this newest growth – from Epe to Ikorodu, Badagry, Ikeja and Lagos Island,” he mentioned.
However as an alternative of complying with the choice of the courtroom, the Federal Ministry of Inside went forward to ascertain extra marriage registries throughout the nation.