Marriages Not Celebrated at Local Government Marriage Registries: Legality

This article by Michael Dedon, clarifies the roles of Federal and Local Government Marriage Registries, in the celebration and registration of marriages, using the decision in the case of Haastrup & Anor v Eti-Osa Local Government & 2 Ors, as the basis

“THE PURPORT, THEREFORE, OF THE DECISION OF THE COURT IN HAASTRUP’S CASE, IS THAT, WHILST THE IKOYI MARRIAGE REGISTRY, WHICH ISSUES MARRIAGE LICENCES UNDER THE HAND OF THE MINISTER OF INTERIOR, CAN VALIDLY CONTRACT MARRIAGES AND ISSUE MARRIAGE CERTIFICATES, ONLY LOCAL GOVERNMENT MARRIAGE REGISTRIES, CAN REGISTER SUCH MARRIAGES”

So much controversy has been generated by a judgement purportedly delivered by Honourable Justice (Prof.) C.A. Obiozor of the Federal High Court, Lagos, in respect of a suit marked FHC/L/CS/1760/16 – EGOR LOCAL GOVERNMENT, EDO STATE & 3 ORS v HON. MINISTER OF INTERIOR & 2 ORS

The case borders on the power of the Ikoyi Marriage Registry and other Federal Marriage Registries, to contract and celebrate marriages The Plaintiff Local Governments from Edo, Rivers, and Lagos States, asked the Court to declare illegal, marriages conducted by Federal Marriage Registries in Lagos, Imo and Rivers States, and across Nigeria, asserting that such powers reside in the Local Governments, by virtue of Section 7(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Misconception

The report, as carried by some of the news media, was that the Court granted an injunction barring the Ikoyi Marriage Registry from conducting marriages henceforth, saying it is only the Local Government that can carry out such functions.

In fact, the court did not consider the substance of the case, rather it upheld an objection to the suit and struck same out, on the basis that the issues raised in the suit, had already been decided by another Judge of the Federal High Court in a previous suit – Suit No. FHC/L/870/2002: HAASTRUP & ANOR v ETI OSA LOCAL GOVERNMENT & 2 ORS,

where that court held that, whilst marriages can be contracted under a licence granted by the Director General, Ministry of Internal Affairs (now Ministry of Interior) and the Minister of Interior:“as regards registration of marriages only, this is within the exclusive authority of the Registrar 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 1999 (CFRN) and paragraph 1(i) of the Fourth Schedule of the same Constitution”.

There have been varied reactions to the alleged judgement, with some reports in the media saying that the Court declared marriages conducted by the Ikoyi Marriage Registry in- valid. Based on this unverified report, the Lagos State Government through its Director, Public Affairs, Lagos State Ministry of Local Government and Community Affairs, Bisi Olufuwa, issued a press statement lauding the purported judgement, and informed the public that it had secured an injunction against the Ikoyi Marriage Registry, restraining it from conducting marriages. This prompted a reaction by the Federal Government through the Director of Legal, Ministry of Interior, Bola Odugbesan, clarifying that there was in fact, no such judgement/injunction.

Setting the Record Straight

To set the record straight, celebration of marriages in Nigeria, is regulated by the Marriage Act, which is a Federal piece of legislation under the exclusive list. What this simply means is that, the States cannot legislate on the matter by enacting their own Marriage Laws. The legal implication of this is that, the formation, annulment and dissolution of marriages other than marriages under Islamic law and Customary law in Nigeria, is a matter reserved for the Exclusive Legislative List as contained in the second schedule, item 61, CFRN. This means that all matters connected with marriage under the Marriage Act, issuing of marriage certificate and its registration, are outside the purview of State and/or Local Governments. This was the ratio of the decision in Haastrup’s case.

This was also the ratio of the decision rendered by Justice I. O. Harrison of the High Court of Lagos State on May 15, 2017 in a class action instituted against the Association of Local Government in Nigeria (‘ALGON’) by a Lawyer, Olumide Babalola, where the Court held that, the only power which the Local Governments have, is to register incidents of marriages, as distinct from formation of marriages. The Court therefore, barred Local Governments from conducting marriages across the country. The trial Judge held that, Local and State Governments, cannot make separate arrangements outside that provided for in the Marriage Act, under which marriages must be in conformity with Form F as stipulated in the Marriage Act.

There is no doubt that the Constitution under item 1(i) of its fourth schedule, saddled Local Governments in Nigeria with registration of all births, deaths and marriages. By this constitutional provision, the Local Governments in Nigeria, were under the mistaken belief that the Constitution has donated both the incident of formation of marriage and registration of marriages, to them.

Correct Position

The correct position, however, is that, the formation of marriage and registration of marriages, are two separate concepts. The formation of marriage is the formal celebration of a marriage itself, while the registration is the formal notification of the Government, about the fact of the marriage, wherein it will be put down in a register opened for that purpose.

The Marriage Act, was enacted to regulate the celebration of marriages in Nigeria, and the power to carry out this function is vested in the Ministry of Interior, whose supervising Minister, is empowered by law to appoint a fit and proper person to be the Registrar of Marriages for each marriage district (Local Government Area), and may also appoint a deputy Registrar of Marriages for any such district, to act in the absence or during the illness or incapacity of the Registrar. The Minister also has powers, to licence any place of public worship, to be a place for the celebration of marriages.

The purport, therefore, of the decision of the court in Haastrup’s case, is that, whilst the Ikoyi Marriage Registry, which issues marriage licences under the hand of the Minister of Interior, can validly contract marriages and issue marriage certificates, only Local Government Marriage Registries, can register such marriages.

Registration of marriages, simply entails the transmission of a copy of the marriage certificate, to the Registrar of Marriages for the district in which the marriage took place. By Section 30(1) of the Marriage Act, every Registrar of Marriage, is expected to keep in his office, a Marriage Register in which every certificate of marriage filed in his office shall be registered. Thus, going by the decision of the court in Haastrup’s case, the Marriage Register and a copy of every marriage certificate issued, ought to be lodged with the Local Government Marriage Registries. What this means, in a nutshell, is that, after a marriage has been validly contracted at the Ikoyi Marriage Registry, the marriage certificate issued must be transmitted to the Local Government Marriage Registry within the district, for registration. Failure to register the marriage certificate with the Local Government Marriage Registry, does NOT however, render a marriage invalid, as same will be regarded as a mere irregularity.

It is hoped that this elucidation of the law, will put to rest the unnecessary controversy regarding marriages conducted by the Ikoyi Marriage Registry, which has unnerved quite a large number of people and sent them into panic mode.