Justice Daniel Osiagor of a Federal High Court in Lagos has ordered the closure of all marriage registries opened by the Ministry of Interior across the country with immediate effect.
The judge while declaring all marriages conducted at registries as illegal and invalid, held that it was unconstitutional for the Federal Government to conduct marriages because only the local governments were empowered to do so constitutionally.
The court while noting that conduct of marriages and issuance of certificates were statutorily the job of the local governments as provided by the law, added that the acts of the Federal Government through the Ministry of Interior, operating marriage registries was ultra vires.
The judge made the declarations while delivering judgement in a suit filed by Eti-Osa Local Government against the Ministry of Interior and Attorney General of the Federation.
In the suit marked FHC/LS/CS/816/18, the local government accused the ministry of usurping its power to conduct marriages and issue marriage certificates.
It consequently sought an order to take over the popular Ikoyi Marriage Registry being operated by the Ministry of Interior, on the grounds that the Federal Government, through the ministry, had no business operating a marriage registry.
It also prayed the court to declare that the Federal Government has no business in the conduct of marriages and issuing marriage certificates and therefore order the closure of all marriage registries opened and operated by the Federal Ministry of Interior or through their agents, including that of the Ikoyi registry.
It would be recalled that a similar verdict was on May 17, 2018, handed down by Justice Chuka Obiozor of the same court while delivering judgement in another suit challenging Federal Government’s power to conduct marriages through its registries.
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