FG, four LGAs battle for
control of marriage
registries
RAMON OLADIMEJI reports that Eti -
Osa Local Government Area authorities
have commenced a fierce legal battle to
take over the control of popular Ikoyi
Marriage Registry from the Federal
Ministry of Interior . Three other LGAs
are taking the same step against the
Minister of Interior
The Ikoyi Marriage Registry, located at
17 , Kingsway Road , Ikoyi, Lagos, has
been previously described by writers
as a hub of brisk weddings and fast-
paced sundry business activities.
Touted as the most highly rated
marriage registry in sub- Saharan
Africa, no fewer than 140 couples are
joined in marriage between Thursday
and Saturday on a weekly basis . On
each of the four days , an average of 35
weddings are conducted but this
figure , it was learnt , could soar to
between 80 and 100 during the peak
period, which is towards the end of the
year.
With an average of N25 , 000 charged
per marriage , the Ikoyi Marriage
Registry, no doubt , is a good earner of
income for the Federal Ministry of
Interior , which owns it.
The Federal Ministry of Interior has a
replica of the Ikoyi Marriage Registry
in each of Port Harcourt, Rivers State ;
Owerri, Imo state; and Benin City , Edo
State .
Indeed, it was learnt that there are
efforts by the ministry to spread the
federal marriage registries to other
states .
However , there is , at the moment , a
lawsuit before the Federal High Court
in Lagos seeking not only to dispossess
the Ministry of Interior of the four
marriage registries it currently
controls but to also stop it from further
spreading its tentacles to other states .
The suit marked , FHC / 1 / CS / 1760 / 16 , is
before Justice Chuka Obiozor.
It was filed by the four local
government areas in the country ,
where the federal court registries are
sited.
The plaintiffs are 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
City Local Government Area of Rivers
State .
Joined as defendants in the suit are
the Minister of Interior , Abdulrahman
Dambazau, and the Attorney General
of the Federation and Minister of
Justice , Abubakar Malami (SAN ).
The LGAs, through their counsel , Mr.
Michael Roger , are urging the court to
determine if by virtue of Section 1 (5 )
Paragraph 1 (i) of the 1999
Constitution, the Federal Ministry of
Interior , an agency of the Federal
Government, has any business
registering marriages as it currently
does.
The plaintiffs are urging the court to
hold that registration of marriages is
the exclusive preserve of local
government areas by virtue of Section
1 (5 ) Paragraph 1 (i) of the 1999
Constitution.
Over the years, the federal marriage
registries have existed alongside
registries owned by local government
areas in the plaintiffs ’ four states .
But in spite of the existence of the
local government - owned marriage
registries, majority of couples prefer to
have their marriage solemnised at the
federal marriage registries as opposed
to the registries owned by local
government areas.
There is a belief that the marriage
certificate issued by the federal
marriage registry is superior to that
issued by the local government
marriage registry .
And it is this belief that has overtime
helped the federal marriage registries
to take the shine off the numerous
local government marriage registries
existing in the states of the four
plaintiffs .
Indeed, couples, for instance , travel
from every part of Lagos to have their
marriages solemnised at the Ikoyi
federal marriage registry , while
ignoring the several local government
area registries in their localities.
This current suit before Justice
Obiozor at the Federal High Court is ,
therefore, one filed in furtherance of
the existing supremacy battle going on
between the federal marriage registry
and the several local government
areas’ marriage registries .
The way the mind of an average
intending husband or wife works in
relation to which marriage registry to
approach was exemplified in the case
of Prince Olusola Adeyemi and
Jumoke Salako (not real names ), who
sometime in 2002 had to approach the
court to seek answer to which is the
valid marriage registry to have their
marriage solemnised .
As explained in the ruling finally
delivered in their case by Justice
Oyindamola Olomojobi of the Federal
High Court on June 8 , 2002 , Adeyemi,
who was a prince in one of the
communities in the Eti- Osa Local
Government Area of Lagos State , had
told his fiancée, Salako , that he
preferred for them to have their
marriage solemnised in the marriage
registry owned by the Eti- Osa Local
Government Area .
This, he said , was because that was
where he was born and bred before
moving to Britain where he was based
at the time of the proposed marriage .
Salako , on the other hand, preferred
the marriage to take place at the Ikoyi
Registry owned by the Federal
Ministry of Interior as she believed
that the certificate issued would be
accorded more respect by the Home
Office in Britain when she finally
travelled to join her husband there.
The couple failed to reach a common
ground , following which they
approached a counselor for advice .
The counselor , according to Justice
Olomojobi’ s ruling, conducted his
search and later told them that
marriage certificates issued by both
Ikoyi Registry and the Eti- Osa Local
Government Area Registry were valid .
The counselor added that he had also
consulted a lawyer , who assured him
that Eti - Osa Local Government Area
was conferred with the power to
conduct marriages .
But the couple , in the affidavit they
filed in support of their suit before
Justice Olomojobi , marked , FHC /
L/ 870 / 2002 , said they had to
eventually resort to seeking an answer
from the court to be sure of their
decision.
“ That in a bid to prevent unforeseen
circumstances which may affect our
proposed marriage , I and the first
defendant applicant instructed our
solicitors, Tijani Ishola and Company ,
to seek court interpretation on the
issues contained in the originating
summons.
“ That I (Salako ) realise that a life
relationship , which I intend to enter
into with the first applicant
(Adeyinka), requires caution and
carefulness, more so , the first
applicant (Adeyinka) is resident in
Europe and in a bid to join him, the
first applicant (Adeyinka) may be
called upon to present all necessary
documents pertaining to our marital
status .
“ That Tijani Ishola , my counsel ,
informed me and I verily believe that
it is only the honourable court that is
competent to interprete and give legal
opinion on the issues raised , ” Salako
averred.
Both Adeyinka and Salako filed the
suit as the first and second applicants
respectively.
They joined the Eti - Osa Local
Government Area , the Attorney
General of the Federation and
Minister of Justice and the Minister of
Internal Affairs as the first, second
and third respondents respectively in
the case .
At the hearing of the case, the
applicants’ counsel , Ishola , had
pointed the attention of the court to
Section 71 (5 ) of the Constitution of the
Federal Republic of Nigeria , which , he
said , captured the functions that local
government authorities were
empowered to carry out .
Ishola submitted that since the
constitution was supreme, any
correspondence entered by the Eti - Osa
Local Authority on behalf of his
clients , who were an intending couple ,
would be deemed valid , if the couple
decided to solemnise their marriage at
the local government .
The counsel who appeared for the Eti -
Osa Local Government Area in the
case, whose name was not stated in
the ruling, had aligned himself with
the submission by Ishola .
He also directed the attention of
Justice Olomojobi to Section 71 (5 ) of
the 1999 constitution and Paragraph
1 (i) of the Fourth Schedule to the same
constitution.
He also referred the judge to the
National Population Decree No. 23 of
1989 and submitted that since
registration of births and deaths were
within the purview of the National
Population Commission what was left
for the local government was the
function of registering all marriages .
Referring to the Local Government
Reforms of 1970 , which , he noted , had
designated the local government as the
third tier of government, the counsel
said “ there is no power in any federal
agency or state government to register
marriages ,” stressing that “ when the
constitution confers a function on a
body, it is only the constitution that
can take it from that body.”
“ It is illegal and unlawful for the
Ministry of Internal Affairs to
interfere in marriage registration or
contracting of marriages ,” the counsel
argued.
In her ruling, Justice Olomojobi noted,
“ What struck my mind is the position
of the first respondent (Eti - Osa Local
Government Area ) in the instant suit
(by the couple ). It appears to me that it
(Eti- Osa LGA) is acting in concert with
the applicants . And that it ought to
have been made one of the applicants
to this action . But the learned
(applicants’) counsel had decided to
make it a respondent . ”
In her final analysis of the case , Justice
Olomojobi 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 : 1 .
Registrars in places designated as an
office 2 . Recognised ministers of
religion in a licenced place of worship
3 . 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. ”
The judge , however , added that, “ As
regards registration of marriages only,
this is within the marriage district
(local government ) in accordance with
the provisions of Section 30 (1 ) of the
Marriage Act and Section 7 (5 ) of the
Constitution of the Federal Republic of
Nigeria of 1999 and Paragraph 1 (i) of
the Fourth Schedule of the same
constitution.”
It is this instant ruling of Justice
Olomojobi that Eti- Osa Local
Government Area and the three other
LGAs had brought as an exhibit
attached to their suit before Justice
Obiozor, seeking to dispossess the
Ministry of Interior of the federal
marriage registries in their states .
The four LGAs are , through their
lawyer, Roger , urging Justice Obiozor
to declare that “ by virtue of Section
1 (5 ) and Paragraph 1 (i) of the 1999
Constitution (as amended ), the
registration of marriages is within the
exclusive authority of the registrar
within a local government area. ”
They are also urging Justice Obiozor to
declare that “ contracting and
registration of marriages by the
federal Ministry of Interior under the
Federal Marriage Registry, Ikoyi,
Lagos, Owerri , Imo State , Port
Harcourt Government Council , Rivers
State and others outside the legislative
competence of the National Assembly
is unconstitutional , null and void.”
They are also seeking an order of
interlocutory injunction , “ restraining
the first respondent (Minister of
Interior ), either by himself , his
agencies or servants from further
establishing any federal marriage
registry in any part of the local
government areas in Nigeria. ”
They are also praying the court for an
order sealing the federal marriage
registries established by the Minister
of Interior in Lagos , Imo, Edo and
Rivers states .
The case came up on Monday,
February 27 , 2017 before Justice
Obiozor.
The applicants were represented by
Mr. Adedayo Oluyide but neither the
Minister of Interior nor the AGF was
represented.
Justice Obiozor, in a bench ruling,
granted a prayer by the applicants to
amend their processes . The judge also
granted an order for the applicants to
serve the court processes on the
defendants outside jurisdiction .
“ Upon service , the parties shall have
no more than 30 days ,” the judge held
and adjourned the case till April 6 ,
2017.
0 Comments