ABUJA, Nigeria – The Court of Appeal in Lagos has ruled that both the Federal and Local Governments have the legal authority to contract, celebrate, and register marriages.
The judgment effectively overturned the December 8, 2021, ruling by the Federal High Court in Lagos that barred the Federal Government from registering marriages conducted or celebrated under the Marriage Act, 2004 in certain local government council areas across the country.
The appellate court, consisting of a three-man panel comprised of Justices Jimi Olukayode Bada, Abubakar Sadiq Umar, and Fredrick Eziakpono Oho, unanimously ruled that no single government organ possesses exclusive authority to contract and celebrate marriages.
The original decision in 2021 by Justice Daniel Osiagor restrained the Minister of Interior, or his delegates, from registering marriages contracted or celebrated under the Marriage Act, 2004 within specific local government councils.
However, in delivering the lead judgment on Wednesday, August 2, 2023, in the appeal filed by the Minister of Interior, Justice Abubakar Umar concluded that both the appellant and respondents had the legal capacity to celebrate, contract, and register marriages.
The judge clarified, “The simple implication of the decision in Suit No: FHC/L/870/2002 is that no one organ of government has the exclusive preserve of contracting and celebrating marriages between prospective couples.”
The court ruled that the restrictions imposed by the lower court on the Minister of Interior to only conduct and celebrate marriages in the marriage registries located in Ikoyi, Lagos, and the Federal Capital Territory, Abuja, were incorrect and misguided.
Therefore, the lower court’s judgment delivered on December 8, 2021, was found to be partially correct and partially erroneous.
The Court of Appeal stipulated that each party should bear their respective costs.
