A Federal High Court in Lagos has upheld the exclusive
powers of local councils across the country to register marriages
in accordance with the extant Marriage Act.
It declared as subsisting a 2004 judgment of the court which
affirmed the exclusive powers of Local Government Councils to
register all marriages.
The judge, Prof. Chuka Obiozor, who delivered the judgment, said
it was needless for the plaintiff to have instituted another suit
on same subject matter which had already been decided by the court
in 2004.
The News Agency of Nigeria (NAN) reports that the suit was filed
by some local government councils in Nigeria, challenging the power
of the Federal Ministry of Interior to operate marriage
registries.
The councils are Egor Local Government (Edo), Eti-Osa Local
Government (Lagos), Owerri Municipal Local Government (Imo) and
Port Harcourt City Local Government Area (Rivers).
The respondents in the suit are the Federal Ministry of Interior
and the Attorney-General of the Federation.
The judge ruled: “First of all, there is a decision of the
Federal High Court sequel to an originating summons taken out in
suit FHC’L/870/2002; there is no evidence before this court that
the decision has been nullified on appeal, or that any appeal is
pending against the decision
“Surely, a judgment of a court of law is presumed valid, and the
parties are bound to obey it.
“For this reason, judgment of court in civil and criminal cases,
including questions of law and facts therein, are valid until set
aside on appeal.
“Unfortunately, the substance of the claims of the plaintiff
before me, is a re-submission of the issue already settled in
FHC/L/870/2002.
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“I decline to follow such hideous trajectory which could only
lead to perdition and in order to obviate any prospect for judicial
anarchy.
“It would be different if the plaintiff’s action and claims are
merely anchored in the decision in FHC/L/870/2002 with corollary
orders for injunction; this is not what I find in the primary claim
of the plaintiff, which by the way, determines my jurisdiction.
“The jurisdiction of this court in this matter is not determined
by the ancillary injunctive orders sought which constitute the
incidental claims in this action.
“I shall however, decline to dismiss this suit, but strike it
out, so as to avoid the unnecessary arguments that the plaintiff’s
complaint have been determined on the merits.”
The court consequently struck out the suit, according to a
Certified True Copy of the judgment obtained by NAN on Monday.
The local councils, through their lawyer, Mr Roger Adedimeji,
had in the suit, asked the court to make declarative reliefs that
the conduct and registration of marriages is the exclusive right of
Local Government Councils.
They had referred the court to the earlier judgment of the
Federal High Court delivered in 2004 by Justice Oyidamola Olomojobi
in suit no. FHC/L/CS/870/2002.
The judgment upheld the exclusive powers of councils to register
all marriages in Nigeria, in accordance with the Act.
The plaintiffs had, therefore, urged the court to restrain the
Ministry of Interior either by themselves, their agencies, or
servants, from further establishing any federal marriage registry
in any part of local government areas in the country.
Besides, the plaintiffs asked the court to“seal all federal
marriage registries established by the first respondent in all the
applicants’ local government areas in Nigeria.”
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NAN reports that Justice Olomojibi had in his 2004 judgment,
held that all marriages celebrated in a “licensed places of
worship” or contracted before a registrar, are valid.
The court had also declared valid all marriages contracted under
a licence granted by the Ministry of Internal Affairs, any state
ministry, or by any officer in any of the ministries.
Whereas in relation to local governments, Justice Olomojobi had
held: “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
Sections 30 (1) of the Marriage Act and Section 7(5) of the 1999
Constitution.”
Meanwhile, the plaintiffs have commenced a contempt proceeding
against the defendants over failure to comply with the judgement of
Olomojobi in suit no. FHC/L/870/2002 which judgment was delivered
in 2004.
In their suit, the plaintiffs had argued that by virtue of
Section 1(5), paragraph 1 (i) of the 1999 Constitution, the Federal
Ministry of Interior which is an agency of the Federal Government
had no business registering marriages as it currently does.
But in their respective counter-affidavits, the defendants had
opposed the plaintiff’s suit, urging the court to dismiss same for
lack of merit.
They had described the suit as an abuse of court processes,
pointing out that the issues raised in the suit had already been
decided by Justice I.O. Harrison of a Lagos High Court.
They argued that the plaintiffs’ suit was misconceived, adding
that the LGs could not celebrate or conduct marriages.
A Federal High Court in Lagos has upheld the exclusive
powers of local councils across the country to register marriages
in accordance with the extant Marriage Act.
It declared as subsisting a 2004 judgment of the court which
affirmed the exclusive powers of Local Government Councils to
register all marriages.
The judge, Prof. Chuka Obiozor, who delivered the judgment, said
it was needless for the plaintiff to have instituted another suit
on same subject matter which had already been decided by the court
in 2004.
The News Agency of Nigeria (NAN) reports that the suit was filed
by some local government councils in Nigeria, challenging the power
of the Federal Ministry of Interior to operate marriage
registries.
The councils are Egor Local Government (Edo), Eti-Osa Local
Government (Lagos), Owerri Municipal Local Government (Imo) and
Port Harcourt City Local Government Area (Rivers).
The respondents in the suit are the Federal Ministry of Interior
and the Attorney-General of the Federation.
The judge ruled: “First of all, there is a decision of the
Federal High Court sequel to an originating summons taken out in
suit FHC’L/870/2002; there is no evidence before this court that
the decision has been nullified on appeal, or that any appeal is
pending against the decision
“Surely, a judgment of a court of law is presumed valid, and the
parties are bound to obey it.
“For this reason, judgment of court in civil and criminal cases,
including questions of law and facts therein, are valid until set
aside on appeal.
“Unfortunately, the substance of the claims of the plaintiff
before me, is a re-submission of the issue already settled in
FHC/L/870/2002.
Related Story: Court jails 3 men 6 months each for stealing
battery
“I decline to follow such hideous trajectory which could only
lead to perdition and in order to obviate any prospect for judicial
anarchy.
“It would be different if the plaintiff’s action and claims are
merely anchored in the decision in FHC/L/870/2002 with corollary
orders for injunction; this is not what I find in the primary claim
of the plaintiff, which by the way, determines my jurisdiction.
“The jurisdiction of this court in this matter is not determined
by the ancillary injunctive orders sought which constitute the
incidental claims in this action.
“I shall however, decline to dismiss this suit, but strike it
out, so as to avoid the unnecessary arguments that the plaintiff’s
complaint have been determined on the merits.”
The court consequently struck out the suit, according to a
Certified True Copy of the judgment obtained by NAN on Monday.
The local councils, through their lawyer, Mr Roger Adedimeji,
had in the suit, asked the court to make declarative reliefs that
the conduct and registration of marriages is the exclusive right of
Local Government Councils.
They had referred the court to the earlier judgment of the
Federal High Court delivered in 2004 by Justice Oyidamola Olomojobi
in suit no. FHC/L/CS/870/2002.
The judgment upheld the exclusive powers of councils to register
all marriages in Nigeria, in accordance with the Act.
The plaintiffs had, therefore, urged the court to restrain the
Ministry of Interior either by themselves, their agencies, or
servants, from further establishing any federal marriage registry
in any part of local government areas in the country.
Besides, the plaintiffs asked the court to“seal all federal
marriage registries established by the first respondent in all the
applicants’ local government areas in Nigeria.”
Related Story: Teenage boy remanded in prison over alleged anal
S$x with 10-year-old boy
NAN reports that Justice Olomojibi had in his 2004 judgment,
held that all marriages celebrated in a “licensed places of
worship” or contracted before a registrar, are valid.
The court had also declared valid all marriages contracted under
a licence granted by the Ministry of Internal Affairs, any state
ministry, or by any officer in any of the ministries.
Whereas in relation to local governments, Justice Olomojobi had
held: “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
Sections 30 (1) of the Marriage Act and Section 7(5) of the 1999
Constitution.”
Meanwhile, the plaintiffs have commenced a contempt proceeding
against the defendants over failure to comply with the judgement of
Olomojobi in suit no. FHC/L/870/2002 which judgment was delivered
in 2004.
In their suit, the plaintiffs had argued that by virtue of
Section 1(5), paragraph 1 (i) of the 1999 Constitution, the Federal
Ministry of Interior which is an agency of the Federal Government
had no business registering marriages as it currently does.
But in their respective counter-affidavits, the defendants had
opposed the plaintiff’s suit, urging the court to dismiss same for
lack of merit.
They had described the suit as an abuse of court processes,
pointing out that the issues raised in the suit had already been
decided by Justice I.O. Harrison of a Lagos High Court.
They argued that the plaintiffs’ suit was misconceived, adding
that the LGs could not celebrate or conduct marriages.
Read more https://www.nairalaw.com/court-reaffirms-local-governments-powers-to-conduct-register-marriages/