As many as fifty-seven marriage registrars have stormed a court in Lagos State challenging the Federal Government.
According to a Punch Metro report, marriage registrars from the 57 local government areas and local council development areas of Lagos State
on Wednesday stormed the Federal High Court in Lagos for the hearing of
a suit challenging the power of the Federal Ministry of Interior to
solemnise and register marriages.
The 57 marriage registrars appeared before Justice Chuka Obiozor, who is hearing the case, dressed in uniform polo shirts emblazoned with the inscription, ‘Lagos State Marriage Registrar’.
In their suit, marked FHC/L/CS/1760/16, the local government
authorities are seeking a declaration that it is the Local Government
Areas that have the exclusive right to conduct and register marriages.
The original plaintiffs in the suit are Egor Local Government Area of Edo State; Eti-Osa Local Government Area of Lagos State; Owerri Municipal Local Government Area of Imo State and Port Harcourt Local Government Area of Rivers State.
The LGAs, through their lawyer, Mr. Michael Roger, are contending
that by virtue of Section 1(5) Paragraph 1(i) of the 1999 Constitution,
the Federal Ministry of Interior, an agency of the Federal Government,
has no business registering marriages as it currently does.
At the Wednesday’s proceedings, the Ministry of Interior was represented by Mrs. R.M. Shittu, while the Attorney General of the Federation was not represented.
Justice Obiozor, however, adjourned till November 28 to hear the
preliminary objection challenging the jurisdiction of the court to hear
the case as well as the substantive suit.
The plaintiff’s counsel, Roger had exhibited before Justice Obiozor an earlier judgment by Justice Oyindamola Olomojobi
of the Federal High Court, wherein the court declared that only local
government areas have the power to register marriages by virtue of
Section 30(1) of the Marriage Act and Section 7(5) of the 1999
Constitution.
However, in the said judgment delivered on June 8, 2002, Justice
Olomojobi clarified that other lawful authorities could “celebrate or
contract marriages.”
Justice Olomojobi had held, “Lawful bodies or authorities,
which can celebrate or contract marriages for intending persons, who are
desirous of getting married as husbands and wives, are: 1. Registrars
in places designated as an office 2. Recognised ministers of religion in
a licensed place of worship 3. Marriages contracted under the licence
granted by the Director General, Ministry of Internal Affairs;
Director-General of a state government in charge of marriages; any
officer in the afore-stated ministries and of course, the Minister of
Internal Affairs.”
Relying on Justice Olomojobi’s judgment, the LGAs are urging Justice Obiozor to declare that the Federal Minster of Interior has no power to register marriages.
Joined as respondents in the suit are the Minister of Interior, Abdulrahman Dambazau, and the AGF, Malami.
In response to the suit, the AGF has, however, filed a preliminary
objection, wherein he urged Justice Obiozor to dismiss the plaintiffs’
suit for being an abuse of court processes.
The AGF argued that the issue raised by the plaintiffs had already
been settled by the judgment delivered on June 8, 2002 by Justice
Olomojobi.
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