Appeal Court Authorises FG, Local Govts To Contract, Register Marriages

Appeal Court Authorises FG, Local Govts To Contract, Register Marriages

The Court of Appeal in Lagos has nullified a ruling by the Federal High Court that had previously prohibited the federal government from conducting marriage registrations within some local governments in Nigeria.

The lawsuit was initiated by Eti Osa Local Government Area (LGA) in Lagos State, challenging the Ministry of Interior’s authority to operate marriage registries, conduct wedding ceremonies, and issue marriage certificates.

Other plaintiffs in the suit included Egbor LGA in Edo State, Owerri Municipal LGA in Imo State, and Port Harcourt City LGA in Rivers State.

Judge Daniel Osiagor of the Federal High Court, in a ruling delivered on Wednesday, December 8, 2021, concurred with the argument that local governments hold the statutory power to conduct wedding ceremonies and provide marriage certificates.

The court then restrained the Minister of Interior and affiliated parties from registering marriages conducted under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004, within the mentioned local government areas.

The Ministry of Interior, however, decided to challenge the decision by filing an appeal with the Court of Appeal in order to express its displeasure with this ruling.

But the Court of Appeal, in its judgement delivered on August 2, held that federal and local government councils have the legal authority to celebrate, contract, and register marriages between prospective couples.

A three-member panel of the court stated that no tier of government holds exclusive control over the initiation and celebration of marriages between prospective partners.

The court held 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 the Federal Capital Territory of Abuja is wrong and erroneous.