Legal Nigeria

‘Why court ordered closure of Fed Govt’s marriage registries’

 

The National President, Association of Local Government Marriage Registrars, Deji Sokeye, on Tuesday, confirmed that the Federal High Court in Lagos has barred the Federal Government from conducting marriages at its marriage registries nationwide.

He said the court declared as illegal all solemnisation of unions at Federal Government-owned marriage registries such as the one in Ikoyi, Lagos.

According to him, the court also ordered the closure of all federal marriage registries opened by the ministry, including that of the Ikoyi marriage registry.

Mr. Sokeye, a staff of Eti-Osa Local Government Area (LGA) in Lagos, told The Nation that Justice Daniel Osiagor delivered the judgment on December 8, 2021, in the suit marked FHC/ LS/CS/816/18.

It had the Ministry of Interior and the Attorney-General of the Federation (AGF) as defendants.

He asserted that he was part of the proceedings since the case was filed and was in court when the declaration judgment was delivered last Wednesday.

The Nation is yet to independently verify Sokeye’s claim on the matter, as the Certified True Copy (CTC) of the judgment was not ready as of Tuesday.

Our checks at the Federal High Court confirmed Sokeye’s assertion that Justice Osiagor was yet to sign the CTC of the judgment because he is away for the judges’ conference in Abuja.

Mr Sokeye first made the claims in a post on his Facebook page last Wednesday.

The story was reported by ThisDay on Tuesday.

Sokeye’s Facebook post reads: “At the Federal High Court Ikoyi, Lagos, last Wednesday in the matter between Eti Osa LG and others VS Federal Ministry of Interior (Ikoyi registry), Attorney-General of the Federation and Anchor Consult (Ikoyi registry contractor) before Hon Justice D E Osiagor (court 6).

“The Judge thereby ordered the closure of all marriage registries opened by the Federal Ministry of Interior across the federation.

“He equally declared as illegal any marriage conducted by federal registries, saying only the local government marriage registries are empowered by the provisions of the 1999 Constitution (as amended) to conduct, solemnise or consummate all types of marriages…”

Speaking to The Nation, Sokeye said: “I am the National President of Association of Local Government Marriage Registrars. I was in court. I heard everything.

“The judge, Daniel Osiagor lampooned the Minister for Interior, used a very strong word on him.

“He said how on earth could the ministry have written to embassies not to accept marriage certificates issued at local government marriage registries.

“The ministry also wrote to immigration offices that they should disregard marriage certificates from local governments.

“Meanwhile, they don’t even have the power to consummate marriages.

“Justice Chuka Obiozor delivered a judgment on the matter some years ago, Justice Oyindamola Olomojobi also did the same in 2004, the same thing. Justice Osiagor’s judgment aligned with that of his learned brothers.

“Because they said judges are in Abuja, so he has not been able to sign the judgment so that we can get the (CTC) Certified True Copy from the registrar. It was a very clear judgment, there was no ambiguity about it.

“The judge ordered all marriage registries open and those about to be opened by the Federal Ministry to stop (consummating marriages). He ordered them to stop, that they should not be opened.”

He also claimed that unnamed registry officials tried to financially induce the claimants to withdraw the suit.

“They offered us money, and we refused it because they knew quite well that the decision would go against them. They started calling us for negotiations but we said no. We’ve been on it since 2004, why would we now back out?”

On May 17, 2018, Justice Obiozor of the Federal High Court, while delivering judgment on Suit No: FHC/L/CS/1760/16, restrained the Ikoyi registry from conducting marriages, saying it was unconstitutional for the Federal Government to perform the duties of the state and local governments.

He held that the marriage registries in the local government of Lagos State were the authentic and legally-binding government divisions established to carry out such functions.”