Marriage registrars from 57 Local Government Areas of Lagos State on Wednesday had stormed the Federal High Court in Lagos for the hearing of a suit challenging the power of the Federal Ministry of Interior to solemnise marriages.
The marriage registrars all dressed in uniform Polo shirts with the inscription, ‘Lagos State Marriage Registrar’ appeared before presiding Justice Chuka Obiozor.
In their suit referenced FHC/L/CS/1760/16, the registrars challenged that it was the Local Government that had that exclusive right to conduct and register marriages in Nigeria.
The Plaintiffs involved in the suit, Egor Local Government Area of Edo State; Eti-Osa Local Government Area of Lagos State; Owerri Municipal Local Government Area of Imo State and Port Harcourt Local Government Area of Rivers State, through their lawyer, Mr Michael Roger are contending the constitutional virtue as enshrined in section 1(15) of Paragraph 1(i) of the 1999 constitution which stated that the Federal Ministry of Interior had no business registering marriages.
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The proceeding yesterday saw a representation from the Ministry of Interior in the person of Mrs R.M Shittu. The Attorney General of the Federation was not represented.
Justice Obiozor, however, adjourned the hearing until November 28 to hear the preliminary objection challenging the jurisdiction of the court to hear the case as well as the substantive suit.
Roger had earlier exhibited before Justice Obiozor in an earlier judgment by Justice Oyindamola Olomojobi of the Federal High Court that the local government only had the sole right to register marriages which is enshrined in Section 30(1) of the Marriage Act and Section 7(5) of the 1999 Constitution.
On June 8, 2002, Justice Olomojobi in his judgement however clarified that other lawful authorities could “celebrate or contract marriages.”
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In his judgement, he held that.
Justice Olomojobi had held, “Lawful bodies or authorities, which can celebrate or contract marriages for intending persons, who are desirous of getting married as husbands and wives, are:
- Registrars in places designated as an office
- Recognised ministers of religion in a licensed place of worship
- Marriages contracted under the licence granted by the Director General, Ministry of Internal Affairs; Director-General of a state government in charge of marriages; any officer in the afore-stated ministries and of course, the Minister of Internal Affairs.”
In reply to the suit, the AGF, however, filed a preliminary objection, wherein he urged Justice Obiozor to dismiss the plaintiffs’ suit for being an abuse of court processes.
The Attorney General of the Federation then argued that the issue raised by the plaintiffs had already been settled by the judgment delivered on June 8, 2002, by Justice Olomojobi.
First appeared on Punch.
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