Court of Appeal Nullifies Federal High Court’s Marriage Registry Restriction
Legal Battle Over Marriage Registries
The Court of Appeal in Lagos recently overturned the judgment of the Federal High Court that had restrained the federal government from registering marriages within certain local government councils in Nigeria.
The case originated from Eti Osa Local Government Area (LGA) of Lagos State, which challenged the Ministry of Interior’s authority to operate marriage registries, conduct weddings, and issue marriage certificates.
Three other plaintiffs, namely Egbor LGA in Edo State, Owerri Municipal LGA in Imo State, and Port Harcourt City LGA in Rivers State, were also involved in the suit.
Previous Judgment in Favor of Local Government Empowerment
In December 2021, Justice Daniel Osiagor ruled in favor of the local governments, asserting their statutory power to conduct weddings and issue marriage certificates.
The high court judge further restrained the minister of interior and related parties from registering marriages within the plaintiffs’ respective local government areas under the Marriage Act of 2004.
Appeal to the Court of Appeal
In response to the unfavorable judgment, the Ministry of Interior lodged an appeal with the Court of Appeal to challenge the ruling.
Court of Appeal’s Verdict: Federal and Local Governments’ Authority
On August 2, the Court of Appeal delivered its judgment, asserting that both federal and local government councils possess the legal authority to celebrate, contract, and register marriages between prospective couples.
The three-member panel of the court emphasized that no tier of government holds an exclusive monopoly over the power to contract and celebrate marriages.
A Clarification of Legal Authority
The Court of Appeal’s decision has clarified the legal landscape surrounding marriage registries and their jurisdictional authority.
By affirming that both federal and local governments can conduct weddings and issue marriage certificates, the court’s ruling brings an end to the previous restriction imposed by the Federal High Court.
This verdict paves the way for a more inclusive and accessible marriage registration process for prospective couples across various local government areas in Nigeria.
As legal battles continue to shape the governance of marriage registration, this judgment highlights the need for harmonization and clarity in the country’s marriage laws to ensure fairness and consistency in the administration of this crucial aspect of civil life.
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