Appeal Court Delivers Ruling On Federal Govt’s Power To Register Marriages (DETAILS)

Appeal Court Delivers Ruling On Federal Govt’s Power To Register Marriages (DETAILS)

The Court of Appeal in Lagos State has ruled that both the Federal Government and Local Government Councils possess the legal authority to oversee, contract, and officially register marriages between potential couples…CONTINUE READING

In two separate decisions, the appellate court overturned the judgment of the Federal High Court in Lagos on December 8, 2021. The earlier ruling had prohibited the Federal Government from registering marriages conducted or celebrated under the Marriage Act of 2004 in certain Local Government Council Areas across the country.

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A three-judge panel, consisting of Justice Jimi Olukayode Bada (presiding), Justice Abubakar Sadiq Umar, and Justice Fredrick Eziakpono Oho, unanimously concluded that no single governmental body holds the exclusive power to manage and celebrate marriages between prospective couples.

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The Federal High Court’s 2021 judgment, issued by Justice Daniel Osiagor, restrained the Minister of Interior and related entities from further registering marriages conducted or celebrated under the Marriage Act of 2004 within the plaintiffs’ respective Local Government Council Areas.

The decision was made in response to a lawsuit jointly filed by Eti-Osa Local Government (Lagos State), Egbor Local Government (Edo State), Owerri Municipal Local Government (Imo State), and Port-Harcourt City Local Government against the Minister of Interior, the Attorney General of the Federation (AGF), and Anchor Dataware Solution Limited.

The lower court granted some of the reliefs sought in the suit, while denying others. Dissatisfied with this outcome, the Appellant (Minister of Interior) filed an appeal challenging the lower court’s decision on two key issues.

The AGF also lodged a separate appeal contesting the lower court’s judgment.

In delivering its judgments on Wednesday, August 2, 2023, the Court of Appeal concluded that the lower court erred in granting certain reliefs while correctly denying others. The appellate court ruled that both the Appellant and Respondents possessed the authority to oversee and contract marriages.

However, the lower court’s restraint on the Federal Government from registering marriages was deemed incorrect. The appellate court clarified that the earlier decision in Suit No: FHC/L/870/2002 did not grant exclusive rights to the Cross-Appellants (Local Government Councils) for conducting or celebrating marriages within their jurisdictions.

Instead, the court recognized various entities responsible for the conduct and celebration of marriages, including marriage districts/local government councils and marriages conducted under the licenses granted by designated authorities.

The Court of Appeal emphasized that no single organ of government has the exclusive authority to oversee and celebrate marriages between prospective couples. As a result, the lower court’s restriction directing the 1st Cross Respondent (Minister of Interior) to only conduct, celebrate, and contract marriages in specific registries was deemed incorrect.

In summary, the appellate court ruled that certain reliefs granted by the lower court should not have been approved, which also led to the failure of related ancillary reliefs. The judgment of the lower court was deemed both successful and unsuccessful in part. Each party was instructed to bear their respective costs.