The Court of Appeal sitting in Lagos has held that both the Federal Government and local government areas have the legal authority to celebrate, contract, and register marriages between prospective couples.
The appellate court, in two decisions, overturned the December 8, 2021 judgment of the Federal High Court in Lagos which barred the Federal Government from further registering marriages contracted or celebrated under the Marriage Act, 2004, in some local government areas across the country.
A three-man panel of the court, comprising Justice Jimi Olukayode Bada (presiding), Justice Abubakar Sadiq Umar and Justice Fredrick Eziakpono Oho, unanimously held that no single organ of government has the exclusive authority to contract and celebrate marriages between a prospective couple.
The Federal High Court had, in the 2021 judgment delivered by Justice Daniel Osiagor, restrained the Minister of Interior and/or either by his privies, agents or delegates from further registering marriages contracted or celebrated under the Marriage Act, 2004, within the plaintiffs’ local government areas.
The judge made the decision in a suit jointly filed by Eti-Osa Local Government Area of Lagos State; Egbor Local Government Area of Edo State; Owerri Municipal Local Government Area of Imo State; and Port Harcourt City Local Government Area, against the Minister of Interior, the Attorney General of the Federation (AGF), and Anchor Dataware Solution Limited.
The lower court granted Reliefs One, Two, Three and Four, as endorsed on the amended originating summons, while it refused Reliefs Five and Six. Relief Seven was granted in part.
Dissatisfied, the appellant (Minster of Interior), in a Notice of Appeal, prayed the Appeal Court to determine two issues:
“Whether the lower court was right when it held that the plea of the doctrine of res judicata is inapplicable to the first to fourth respondents’ action; and
“Whether the learned trial judge was right when he granted the reliefs sought by the first to fourth respondents and found that the judgment in suit number FHC/870/2002 granted exclusive rights to the first to the fifth respondents and other local aovernment areas in Nigeria to conduct, celebrate and register marriages within their local government.”
The AGF also filed another appeal challenging the lower court’s decision.
Resolving the issues, the appellate court, in two judgments delivered on Wednesday, August 2, 2023, held that the lower court was wrong in granting Reliefs One to Four of the reliefs sought by the first to the fourth respondents and granting Relief Seven, as endorsed on the amended originating summons in part.
Justice Abubakar Umar, who read the lead judgment in the first appeal by the Minister of Interior, held that both the appellant and the respondents had the vires to celebrate, contract, and register marriages.
But Justice Umar averred that the lower court was correct in refusing Reliefs Five and Six, as endorsed on the respondents’ amended originating summons.
