IKOYI MARRIAGE REGISTRY IS NOT BANNED: AN INSIGHT INTO THE CASE OF ETI-OSA LOCAL GOVERNMENT COUNCIL LAGOS STATE & 3 ORS V. HON MINISTER OF INTERIOR & 2 ORS

 

It is noteworthy that this article is not an analysis of the laudable Judgement delivered by Honourable Justice D. E. Osiagor (Judge) but a reproduction of the parts of the judgment where His Lordship held that the Ikoyi Marriage registry can lawfully conduct, celebrate and register marriages, as well as issue marriage certificates.


The need to write this article arose due to the booming nation-wide rumour that Ikoyi Marriage Registry is banned, which has led most persons into misunderstanding the above-stated Court judgement. 


BRIEF FACTS

The Plaintiffs' (Eti-Osa Local Government Council,  Lagos State, Egor Local Government Council, Edo  State, Owerri Municipal Local Government Council Imo State and Port-Harcourt City Local Government Council Rivers State) filed a suit against the Defendants (Hon. Minister of Interior, Attorney General of the Federation and Minister of Justice and Anchor Dataware Solutions Limited) before the Federal High Court, Lagos State in Suit No: FHC/L/CS/816/2018. The reliefs they sought from the court include, that the 1st Defendant (The Honourable Minister of Interior) himself and/or either by his privies, agents and delegates be restrained from conducting, celebrating and registering marriages as well as issuing marriage certificates within the Plaintiffs' Local Government Council Areas.


COURT'S ORDER

Hereunder is reproduced the Court's Order per Honourable Justice D. E. Osiagor (Judge):

"Therefore the Court orders as follows:


Reliefs 1 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st defendant himself and/or either by his privies, agents or delegates from further contracting marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria, 2004 within the Plaintiffs' Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and the Federal Capital Territory, Abuja. (Underlining mine for emphasis)


Reliefs 2 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st defendant himself and/or either by his privies, agents or delegates from further celebrating marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria, 2004 within the Plaintiffs' Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and the Federal Capital Territory, Abuja. (Underlining mine for emphasis)


Reliefs 3 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st defendant himself and/or either by his privies, agents or delegates from further granting or issuing certificates of marriage under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria, 2004 within the Plaintiffs' Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and the Federal Capital Territory, Abuja. (Underlining mine for emphasis)


Reliefs 4 granted as follows: AN ORDER of Perpetual Injunction restraining the 1st defendant himself and/or either by his privies, agents or delegates from further registering marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria, 2004 within the Plaintiffs' Local Government Councils Area. Except marriages conducted in the Marriage Registries of Ikoyi Lagos and the Federal Capital Territory, Abuja. (Underlining mine for emphasis)


Reliefs 5 & 6 refused.


Relief 7 granted to the extent that there shall be no Federal Marriage Registry in Marriage Districts (Local Government Councils) save Ikoyi and Abuja Marriage Registry predating the 1999 Constitution without prejudice to the 1st defendant's exclusive powers to issue license to places of public worship to celebrate marriages all over the Federation." (Underlining mine for emphasis)


CONCLUSION

From the foregoing, it is clear that the Honourable Court did not ban the Ikoyi Marriage Registry and Federal Capital Territory Abuja Marriage Registry from conducting, celebrating and registering marriages as well as issuing marriage certificates as seen in the reproduced part of the Court's Judgement above because they predate the 1999 Constitution which did not abrogate Federal Marriage Registries' Structures.


What the Court did was to restrain the 1st Defendant from establishing Federal Marriage Registries in Local Government Council Areas which undermines or usurps the powers of the Marriage Districts of the Local Government Councils to conduct, celebrate, register marriages as well as issue marriage certificates which they are empowered to do by the Marriage Act. 


It is important to always read as well as verify the information that is spread by the media so as not to be a victim of misinformation.

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