By Olusegun Olanrewaju
Despite the high-profile controversial judgment delivered by Rivers State-born Justice Daniel Osiagor on December 8, 2021, over the authority of federal marriage registries to conduct marriages, the Ikoyi registry in Lagos is a beehive of contractual marital activities.
Visits to the facility show that there is on the ground to show that things have gone awry, or that couples are apprehensive about getting their unions tied there. Checks by ThisNigeria during the week show that marital and ancillary activities are still being conducted on a note a participant dubbed ‘rampant’. Daily, gaily-dressed relatives, family members, and sympathizers throng the old Kingsway (now Alfred Rewane Road), Ikoyi centre of the Ministry of Interior-supervised registry to perfect marital unions.
On Thursday, the next day of the judge’s alleged invalidation order, eagle-eyed, apparently over-tasked security officials manned the gates, busy shuffling, pushing, yelling, or even cajoling wedding trains and onlookers to maintain order as they marked time to seal bonds. One of them is even seen motioning to the sky, warning people to beware of the building collapse phenomenon as a high-rise is just being built across the road. His subdued refrain is that the pellets could fall on the celebrants in a neighbourhood where the usual talk is “Ile Ikoyi ki ipe” (Ikoyi’s buildings are built on a very fast note).
It would otherwise appear that those congregating were ‘defying’ a court ruling. Rows of cars, people everywhere smiling; ladies, women, and children painting faces; activities of photographers, milliners, beauty therapists, caterers, dancers, all sorts, having a nice time while couples dot the lines, signing their lives forward in the inner sections of the controversy-laden registry. A visit the next day showed the same pattern; More marriages…
The controversial judgment
Different interpretations trailed the Lagos judgment of Daniel Emeka Osiagor, the 46th-on-the-list Federal High Court judge, who was quoted in some columns to have ‘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.
The judge had reportedly granted the order as requested by the plaintiffs, including Eti-Osa local government area (LGA) in Lagos State; Egor in Edo State; Owerri Municipal (Imo State), and Port Harcourt (Rivers State). Also listed in the case as defendants were the Minister of Interior, Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, and a firm, Anchor Dataware Solutions Limited. Justice Osaigor was not presiding over a new matter with his judgment. Some observers even claimed he only “offered a fresh angle to a new case”.
The local governments which brought the case before the justice on a new note argued, amongst other submissions, that under 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, registration of marriages is the Exclusive preserve of the registrar of the marriage district of local government councils in Nigeria.
Opposing the argument, however, the defendants submitted 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.
In his ruling, 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, (FCT), Abuja. The order, the court held, was without prejudice to the interior minister’s “exclusive powers” to issue licenses to places of public worship to celebrate marriages all over the federation.
The orders
Earlier in 2017, Justice Obiozor had ordered in Suit No: FHC/L/ CS/1760/16 – EGOR LOCAL GOVERNMENT, EDO STATE & ORS Vs. HON MINISTER OF INTERIOR & ORS became what an expert tagged ‘mantra on the public stage’ largely because of the ‘misinterpretation of the said judgment’. “One of the foremost issues raised by the said decision is whether marriages conducted at the Ikoyi Marriage Registry are valid and equally, whether or not the Ikoyi Marriage Registry can register marriages. The heated debate about this judgment results from what would be the effect on the public if the questions above were answered in the negative? One certainty is that all marriages conducted and registered in the Ikoyi Marriage Registry would become void.
The applicants had sought the court for reliefs, among others, for a declaration that registration of marriages is within exclusive authorities of the registrar within the local government. They also sought declarations that contracting and registration of marriages by the Federal Ministry of Interior was unconstitutional, as well as null and void.
The applicants also sought a declaration that the Ministry of Interior doesn’t have the power to contract and issue marriage certificates, as well as requested for an injunction restraining the Ministry of Interior from further establishing any marriage registry
The Federal High Court, in Lagos, granted reliefs on some prayers by the plaintiffs, including orders 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.
The second-order restricts the same 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.
The third relief granted was to restrain the same parties on marriages, except those conducted in the marriage registries of Ikoyi, Lagos, and Federal Capital Territory (FCT), Abuja. Justice Osiagor granted relief four with “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 (not stated in the publication) were refused, but the justice granted Relief 7, 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.”
The confusion
“How Lagos court refused to nullify Ikoyi registry weddings”. “Court Voids Marriages at Ikoyi Marriage registry” were some of the vibration headlines that dotted the media space. The reports triggered a nationwide apprehension that the court had granted an order to ‘nullify’ all weddings conducted by the Ikoyi marriage registry. But other sources reported that this was not so. An online platform, The Cable, in its re-visiting of the matter, had noted that the court order “did not grant an order nullifying all weddings conducted by the Ikoyi marriage registry.”
Immediately the judgment surfaced, the traditional media and blogs were awash with reports that the federal high court in Lagos had declared the conduct of marriages by the Federal Government ‘unconstitutional’. The reports specifically claimed that the court had also declared as illegal and invalid, all marriages conducted at the Ikoyi Marriage Registry in Lagos.
A particular newspaper reported, “The court ordered the closure of all federal marriage registries opened by the ministry, including that of the Ikoyi marriage registry with immediate effect.” In its analysis of the certified true copy of the judgment last Wednesday, an online media platform, The Cable, noted that the report on the case by Eti Osa LGA of Lagos State “in a suit marked FHC/LS/CS/816/18— with the ministry of interior and attorney-general of the federation, listed as first and second defendants, respectively — challenging the power of the ministry to operate marriage registries, conduct weddings, and issue marriage certificates.
The Cable noted, “In the ruling, D.E. Osiagor, the presiding judge, held that the LG councils are statutorily responsible for issuing marriage certificates in Nigeria. But it also observed that “The development had sparked reactions, with several media reports claiming that the court nullified all weddings conducted by the Ikoyi marriage registry. “Among the reliefs sought by the Eti Osa LGA in the suit was “an order of the honourable court directing the 1st defendant to transmit or return all marriage certificates issued within the respective Plaintiff’s Local Government Councils” dating back to a judgment delivered in 2004.
The plaintiff had also sought an order “directing the 1st defendant to return all the fees/money paid by couples” since the judgment was granted in 2004. “Giving judgment, the court restrained the ministry of interior from “further contracting marriages within the plaintiff’s local government council areas except marriages conducted in the marriage registries of Ikoyi, Lagos and the Federal Capital Territory, Abuja”.
The court, however, refused to grant the two reliefs which sought to annul the weddings conducted by the Ikoyi registry dating back to 2004.” Consequently, it was further noted, “the court merely upheld and re-affirmed the position in the Haastrup’s case, that the Ministry of Interior can validly conduct marriages, but reserved the power for registration of marriages exclusively in the Local Government.” “Against this backdrop and having regards to the fact that the substance of the suit had already been decided in an earlier decision of the same court, the judge struck out the case for abuse of Court process and advised that the parties could appeal to a higher court as he could not rule again on the matter to avoid conflicting decisions.
“Also, the primary claim brought before him was for declaration, which means an interpretation of a provision of a written document; in this case a statute. The order of injunction against the Federal Ministry of Interior was an ancillary claim that had earlier been decided by the same court. “Consequently, the court merely upheld and re-affirmed the position in Haastrup’s case, that the Ministry of Interior can validly conduct marriages but reserved the power for registration of marriages exclusively in the Local Government.
“On another note, in the case of Olumide Babalola V. Ikeja Local Government and Anor., the Claimant applied for a declaration that the local government does not have the power to issue modified/customized Marriage Certificates different from the one provided for in Form E under Section 24 of the Marriage Act and a declaration that the Registered Trustees of Association of Local Governments in Nigeria (ALGON) Unified Marriage Certificate is unconstitutional, null and void.
“The court affirmed the position with regards to the form of the Marriage Certificates, however, held that marriages that are already conducted and are not in conformity with Form E be regarded as good and valid in law for all intents and purposes, there should, however, be a reissuance of the proper certificate to all persons in possession of the “invalid certificates “and this will have no effect on the subsisting validity of the Marriage. “The Court also reaffirmed that while registration of marriage is regulated by the Local Government, the formation of Marriage is regulated by the Ministry of Interior.
“Conclusively, in light of the judicial authorities discussed above and in line with the relevant statutory provisions cited herein, it is our view that the local governments have the exclusive right to validly register and issue certificates of Marriage relying on the position held in Haastrup’s case. However, the Local Governments must comply with all the stipulated provisions in the Marriage Act, for the issuance of Form E and no other customized form is acceptable and failure to comply with the provision renders the whole process voidable.
“From the foregoing, the right given to the local governments places no ban on the Ministry of Interior’s power to contract and celebrate marriages. Based on the decision given in Haastrup’s case, it only restrains the Ministry from further registration of Marriages. However, this would not apply to marriages registered before this decision, due to the doctrine of retrospective law. In essence, marriages registered at the Ministry of Interior before the decision in Egor Local Government V. Hon Minister of Interior are valid while further registrations conducted by the Ministry of Interior may be challenged.” (Originally published in Aurora, 2018)
Humour
As the reports spread like wildfire, social media went into a frenzy. Commentators turned the issue into a joke but got a silver lining only with a ministerial proclamation. Some of the humorous set pieces include: “If you got married at the Ikoyi registry and were thinking of a divorce, you might not have to go through the expense anymore. Just break up.
-Bruce Bateman Esq (@demigodgeous) said on December 14, 2021, “If you got married in Ikoyi and you are tired of the union, you can now pack out. No need for an official divorce. No settlements. No lawyer fees. Just call Uber and ‘japa’.”
FG’s response
The Federal Government made a swift response to the matter. In a statement issued last Tuesday, the Minister of Interior, Rauf Aregbesola, through the Permanent Secretary, who doubles as the Principal Registrar of Marriages, Dr. Shuaib Belgore, attempted to clarify matters, explaining that marriage certificates issued by the Ikoyi Registry are valid and legal.
Reacting the same day the court judgment went viral, the statement noted that there had been several court judgements that empowered the Federal Government to conduct marriages under ‘Legal Notices’ issued under the Marriage Act. “The attention of the Ministry of Interior has been drawn to news making the rounds on social media claiming that the Federal High Court sitting in Lagos has declared all Marriages conducted by Ikoyi marriage registry to be illegal and invalid.
“We would like to state that this statement is false, misleading and a deliberate distortion of the decision of the Court in Suit No: FHC/L/CS/816/18 between Eti-Osa Local Government Council & 3 others vs Minister of Interior and two others, where the Court held that only the Local Government councils can conduct valid marriages in Nigeria,” the minister said.
He added: “It is noteworthy that the same Federal High Court situated in Ikoyi, Lagos, in Suit No. FHC/L/870/2002 between Prince Haastrup and Eti Osa Local Government, held that the Federal Government, through the Ministry of Interior, is constitutionally empowered to conduct marriages in Nigeria and held that the Local Governments were delegated by the Federal Government to conduct marriages, under Legal Notices issued under the Marriage Act.
“In that case, the learned trial judge held that nothing in the role of local governments, as defined in the Constitution, suggests that local governments can conduct or contract marriages as alleged in their pleadings. The court affirmed that the powers of the local governments to contract statutory marriages are derived from the Legal Notices issued by the President. The Court also confirmed that the role of local governments, as enshrined in the Constitution, is limited to registration of all forms of marriages (including Islamic and customary marriages),” the statement read in part.
The ministry said that rather than appeal the decision, the same claimants instituted another action in 2016 Suit no. FHC/L/CS/1760/16 Egor Local Government, Eti- Osa Local Government and 2 others V Hon, Minister of Interior and 2 Others. “The Court held that the Suit was an abuse of court process, as it could not be invited to make another pronouncement on the same point of law, which would lead to conflicting decisions coming from the same court and therefore struck out the case.
“The same issue was adjudicated in the case of Olumide Babalola vs Ikeja Local Government and the Registered Trustees of the Association of Local Government of Nigeria (ALGON) in Suit No. LD/1343/GCM/2016 delivered on May 15, 2017. The Court held that while registration of marriages is regulated by local governments, being under the concurrent list, formation of marriage is under the Exclusive Legislative List, within the jurisdiction of the Federal Government, regulated by the Ministry of Interior,” the statement further read.
“It is further worthy of note that the issue of formation, annulment, and other matrimonial causes are under item 61 of the 1st Schedule of the 1999 Constitution of the Federal Republic of Nigeria exclusively reserved for the Federal Government. “The General Public is invited to note that these judgments are all still subsisting, competent, and have not been appealed against till date.
“Further to the above, the current decision of the Federal High Court delivered by Hon. Justice D. E. Osiagor of Court 6, cannot set aside a previous decision of the same Court, which is of coordinate jurisdiction, as that would amount to the court sitting on appeal over its judgment. “In the circumstances, the Federal Government through the Ministry of Interior has applied for a certified true copy of the judgment and will take appropriate further action including but not limited to the filing of an appeal in respect of this conflicting and confusing decision, in line with the provisions of the Constitution.
“We would like to appeal to the general public, the international community, to couples who had hitherto had their marriages solemnized at Federal Marriage Registries by duly licensed places of worship and to all intending couples to be calm and continue transacting their normal businesses at all Federal Marriage Registries subsisting throughout the federation in line with statutory and constitutional provisions.” “The general public is to please note the foregoing and maintain the status quo ante,” he said.
The previous suit
In 2018, four local governments across Nigeria instituted a suit at the federal high court in Lagos against the Minister of Interior, the Attorney-General of the Federation, and Anchor Dataware Solutions Limited. The local governments – who are the plaintiffs in the suit – include 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.
According to the plaintiffs, following an earlier judgment by Justice Oyindamola Olomojobi in 2004, the court should restrain the interior ministry and its agents from contracting, celebrating, and registering marriages as well as issuing marriage certificates for marriages contracted or celebrated by the plaintiffs’ registrars.
They argued that the interior ministry and its agents under the Marriage Act can only issue or grant licenses to authorize intending parties to marry, contract or celebrate marriages.
The plaintiffs also urged the court to direct the ministry of interior to return all marriage certificates issued within the respective plaintiff’s local government councils subsequently after the judgment in 2004.
They also urged the court to direct the ministry to refund all the fees paid by couples since the 2004 judgment to the plaintiffs’ marriage registries for re-issuance.
They further urged the court to order the sealing of all the Federal Marriage Registries established by the interior ministry in local governments across the country or restrict the ministry to only issue licenses to places of public worship for the celebration of marriage.
The judgment
In his judgment, Mr Osiagor noted that an earlier suit by the plaintiffs before Justice Chuka Obiozor, in 2017, was struck out for lack of jurisdiction.
In that suit, Mr Obiozor listed lawful bodies or authorities which can celebrate or contract marriages to include “registrars in places designated as an office; recognised ministers of religion in a licensed place of worship; marriage contracted under the license granted by the director-general, Ministry of internal affairs (now interior), director-general of a state government in charge of marriages, any officer in the aforementioned ministries, and of course, the minister of internal affairs.”
Osiagor traced the suit before him to the public-private partnership agreement between the interior ministry and Anchor Dataware Solutions Ltd with the primary purpose of establishing marriage registries across the states.
“By this agreement, the first respondent (ministry of interior) outlawed any marriage conducted by the local government (Marriage District) registrars,” the judge noted.
He further noted that under the obligations between the ministry and the private company, the former directed the Nigeria Immigration Service to make the federal marriage certificate an inclusive eligibility requirement for all married applicants for international passports.
The ministry directed the marriage registries in the local governments to obtain approval from federal marriage registries to continue to conduct marriages by the marriage act.
“The first defendant combining with its private partners (third defendant) is metamorphosing from a regulatory agency into a revenue-driven agency in establishing marriage registry to conduct marriages all over the federation within the marriage district (local government areas) reserved for the registrars of marriages in these districts,” said the judge
“Taking further steps to Nigerian Immigration Service and Foreign Embassies in Nigeria to recognise Federal Marriage Certificate only is a complete abuse of power that undermines the constitutional recognition of the three tiers of government in Nigeria.
“It is highly condemnable and I condemn it.”
The judge said the attempt by the interior ministry to centralize the conduct, contracting, and registering of marriages with it as its exclusive repository undermines the 1999 Constitution, flouts Justice Olomojobi’s earlier judgment, and is an affront to the three tiers of government that makes up the federation.
Expert opinions
Legal experts said the issue for determination in the case was whether it is only local government authorities that can contract and register marriages, to the exclusion of such other authorities designated by the Ministry of Interior.
“The Nigerian judicial system places heavy reliance on the doctrine of “stare decisis”, which succinctly means that where there is a question of law previously decided by a superior court, such decision shall be binding on a lower court,” one of them noted.
He added, “in deciding a similar question of law likewise, where there are two conflicting decisions on an issue by two courts with concurrent jurisdiction, the veracity of both decisions can only be posited by a higher court when a party files an appeal to that effect. Hence in deciding this case, recourse was made to an earlier decision of the Federal High Court in FHC/L/870/2002-HAASTRUP & ANOR v. ETI OSA LOCAL GOVERNMENT & 2 ORS, where
Questions are also being raised as to the legality of a court of concurrent jurisdiction re-handling the same case that had earlier been ruled upon. Was it right for Justice Osiagor to have presided over the matter again?
Not so, argues a Lagos-based lawyer, Funsho Ojumoro. He told ThisNigeria in a phone conversation over the weekend in Lagos, “It is not proper. That is one of the main problems in the Nigerian judiciary today. There is no discipline,” he said.
According to him, “the judiciary is faced with that problem and that of conflict in ex parte orders. What they do is to go to, run to another judge because ‘this is my own.
The way out
Another lawyer, R.O.Y. Ogbara, there is nothing the Federal Government can do on the matter now. The case has been decided. The only way out now is to go for an appeal.
Ojumoro agrees, but with some positions. “The Chief Justice of Nigeria should be firm. You know the other day they sanctioned some judges over the same issue; concurrent legislation. If a case has been decided, whatever issues arise from it should have been referred to the same court, not another one; not to the same court with similar jurisdiction. If you are not happy, go to the higher level, the appeal court.
Meanwhile, like the minister of interior submitted, even though the case had been deceived by courts of the same competence in the past, the appeal had been filed on the matter ever since.
Present state
Marriages are continuing at the Ikoyi registry. The Marriage Registrar, Paulinus Okolocha, told ThisNigeria correspondent on phone: We are conducting marriages during the week. We are conducting MARRIAGES, not just a church affair. This was also confirmed by one of the marriage registration agents, “Bring your N15, 000 registration fees and our charges. Plus, your NIN number, international passport, or voter card, and we will do justice to your case, he said.
The turn up is high but there are also some side comments. A family of a prospective bride was overheard commenting on Thursday, lamenting the slow pace of timing; “We have been waiting since morning. They are yet to attend to us.” Another: It’s not that there are no hitches”.
Money spinner?
Ordinary marriages cost N15,000 per head. For a Special licence, N25,000 is required while to obtain Certified True Copies (CTC) verification another N15,000 is charged per head. Attestation for Bachelorhoos costs N20,000. ‘To book for new places of worship, couples would have to pay N30,000 for the first five days and subsequent renewal for three days and N15,000. To change a marriage venue, be prepared to shell out N30,000.
Other federal registries
These can be found in Abuja, Benin (Edo State), Owerri (Imo), Port Harcourt (Rivers), Kano (Kano State), and Jos (Plateau State).
Last word: Importance of Ikoyi registry
The activities of the Ikoyi Marriage Registry include swearing of oath, counselling, actual marriage ceremonies, and obtaining of marriage license. There are mainly two types of Marriages contracted at the Ikoyi Marriage Registry, such as Muslim Marriages and the ‘typical’ Christian Marriages. How often do people get married in the Ikoyi registry? It is popularly known that almost every day people marry each other and as such Ikoyi Registry is usually a go-to place for court marriages. Marriage activities always take place every week. I have to tell you this as the first expectation.
According to reports, “There is a myth in Nigeria that Marriage certificates from the Ikoyi registry are authentic compared to local government registries. This has birthed a mind set in Nigerians who say that foreign embassies in Nigeria do not accept marriage certificates from local government registries, except the Federal Marriage Registry in Nigeria?”
