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The Federal High Court in Lagos has perpetually restrained the Federal Government through the Minister of Interior, Rauf Aregbesola from further contracting marriages under the Marriage Act, 2004 within four local government councils areas in four states.
Justice Daniel Osaigor granted the order as requested by the plaintiffs listed, including Eti-Osa LGA in Lagos State, Egor in Edo State; Owerri Municipal in Imo State and Port Harcourt in Rivers State.
The Minister of Interior, Attorney General of the Federation and Minister of Justice and a firm are also defendants in the case.
The local governments argued that by virtue of a 2004 judgment of the same Federal High Court delivered by Justice Oyindamola Olomojobi particularly in the 4th schedule of the 1999 constitution (as amended) and Section 30 of the marriage act, that registration of marriages is the exclusive preserve of the registrar of the marriage district of local government councils in Nigeria amongst other submissions.
The defendants, however, opposed these submissions and instead argued that among other things no law either under the constitution or the marriage act gives exclusive authority to the registrar to contract and celebrate marriages in Nigeria.
After considering all issues raised, Justice Osaigor granted an order of perpetual injunction restraining the minister of interior from further contracting marriages under the marriage act within the local governments but exempted marriages conducted in the marriage registries of Ikoyi, Lagos and the Federal Capital Territory, Abuja.
The order, the court held, is without prejudice to the Minister of Interior’s “exclusive powers” to issue license to places of public worship to celebrate marriages all over the federation.
The court’s orders on the plaintiffs’ seven prayers are 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 (LFN), 2004 within the Plaintiffs’ Local Government Councils Area except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.
“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 (LFN). 2004 within the Plaintiffs Local Government Councils Area except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.
“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 (LFN), 2004 within the Plaintiffs’ Local Government Councils Area except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.
“Relief 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 contracted and/or celebrated under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiffs’ Local Government Councils Area except marriages conducted in the Marriage Registries of Ikoyi Lagos and Federal Capital Territory Abuja.
“Reliefs 5 & 6 refused
“Relief 7 granted to the extent that there shall be no Federal Marriage Registry in the Marriage Districts (Local Government Councils) save Ikoyi and Abuja Federal Marriage Registry predating the 1999 Constitution without prejudice to 1st Defendants exclusive powers to issue license to places of public worship to celebrate marriages all over the Federation.”
