P/Harcourt City council warns residents against patronising federal marriage registries, as more states defy FG

Following a ruling by a Federal High Court in Lagos, last December, 2021, which voided the right of the Federal Ministry of Interior to contract civil marriages at its Registries, state governments in the country have continued to insist on the execution of the judgement.

This is as the Port Harcourt City Local Government Area in Rivers State, Thursday, also warned its residents to steer clear of the Ministry of Interior’s contracted civil unions, in line with some other councils in Lagos which also issued similar directives to their residents.

It would be recalled that a Federal High Court of Lagos on December 8 ruled that only local governments can conduct and contract marriages, a judgement which effectively nullified and voided  previous marriages contracted at the Federal registries under the Ministry of Interior.

The suit filed before the Federal high court Lagos State Division with number: FHC/L/CS/816/2018, was brought by the Eti-Osa Local Government Council Of Lagos State; Egor Local Government Council Of Edo State; Owerri Municipal Local Government Council Of Imo State; Port Harcourt City Local Government Council Of Rivers State.

It also listed Hon. Minister of Interior; Attorney General of the Federation and Ministry of Justice; and Anchor Dataware Solutions Limited, as respondents.

In his ruling,

In the judgment, Hon. Justice D.E Osiagor ordered for an order of perpetual injunction restraining the first defendant (Federal Ministry of Interior) from further contracting, celebrating marriages and granting or issuing of marriage certificates under the marriage act within Port Harcourt City Local Government Area.

“The Attention of Port Harcourt City Local Government Council has been drawn to a judgment delivered on 8th DECEMBER 2021 BY HON. JUSTICE D.E OSIAGOR of the Federal high court Lagos State Division in SUIT NO. FHC/L/CS/816/2018

“In the judgment, the court ordered for an order of perpetual injunction restraining the first defendant (Federal ministry of interior) from further contracting, celebrating marriages and granting or issuing of marriage certificates under the marriage act within Port Harcourt City Local Government Area.

“Following the judgment delivered on the 8th December, 2021 by Hon. Justice D.E Osiagor of the federal high court Lagos State Division. The Port Harcourt City Local Government hereby advise the general public to desist from contracting, conducting and celebrating marriages at the ministry of interior and also obtaining marriage certificate from the ministry of interior within the jurisdiction of Port Harcourt City Local Government Area.

“It is unlawful and illegal for the federal ministry of interior to conduct marriages under the marriage act cap.m6 laws of the federation of Nigeria 2004.

“Only the local government has the powers to contract, conduct and issue marriage certificate under the marriage act cap.m6 laws of the federation of Nigeria 2004.

“The General public is hereby guided accordingly,” read the statement signed by Barr. Chile Kay Owuru, Secretary, Port Harcourt City Local Government Council, Thursday.

However, this is despite the position of the Federal Government through the Minister of Interior, Ogbeni Rauf Aregbesola, who insisted that the government retains the powers to entertain such contracts at its Registries across the state through the Ministry of Interior.

Since the ruling, last December, the Lagos State Government has directed its residents to halt further patronage of Federal Registries in the country, particularly the Ikoyi Office in the Eti Osa council of the state.

However, reacting to the ruling in a statement issued late December 2021, by spokesperson Blessing Lere-Adams, the Ministry of Interior said such claims by local governments were misleading and false.

“The Federal Government wishes to assure the general public-especially prospective couples wishing and planning to contract their marriages at the Ikoyi Marriage Registry or any other Federal Marriage Registry under the Ministry of Interior, that they are free to do so, as the 1999 Constitution legally empowers the Federal Government to contract such marriages.

“The Permanent Secretary and Principal Registrar of Marriages, Dr. Shuaib Belgore confirmed this statement while fielding questions in his office . Belgore emphatically submitted that the misinformation and totally incorrect news making the rounds recently in the Social media-was incorrect and should be disregarded. He further stated that there should be no cause for apprehension to all intending couples who have planned to be married during this festive period-and at any other time at the Ikoyi Marriage Registry in Lagos or at any other Federal Marriage Registry.

“He stressed that the Federal High Court in three previous decisions had affirmed the powers of the Ministry to conduct statutory marriages, based on the provision of the Constitution, marriage acts and Legal Notices issued by the President and Minister of Interior. He stated that these judgements are valid, subsisting and binding, until set aside by a superior court, which is not the case,” the statement read.