Stella Dimoko Korkus.com: Court Bars LGs in Nigeria From Conducting Marriages And Declares Certificates illegal

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Monday, 29 May 2017

Court Bars LGs in Nigeria From Conducting Marriages And Declares Certificates illegal

A Lagos High Court has barred local government areas from conducting marriages across the country.




The court, in a judgment, declared that the Local Government Unified Marriage Certificate was unknown to law and therefore unconstitutional, null and void.


A Certified True Copy of the judgment by Justice I. O. Harrison of Court 37, General Civil Division of the Lagos Judicial Division, in suit no LD/1343GCM/2016, was obtained by Punch.

The plaintiff, Olamide Babalola, representing himself and other recipients of modified marriage certificates from the local governments, had dragged the Ikeja Local Government and Registered Trustees of Association of Local Governments of Nigeria before the court over the modified marriage certificate issued by the first and second defendants.

The plaintiff had sought a declaration that the first defendant did not have the powers to issue modified or customised marriage certificates different from the one provided in Form E under Section 24 of the Marriage Act Laws of Federation of Nigeria,1990.


Babalola also prayed for a declaration that the second defendant’s Local Government Unified Marriage Certificate was unknown to law and unconstitutional.

He equally wanted a perpetual injunction restraining the defendants, their agents, officers, employees and representatives from further issuing modified or altered marriage certificates apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN, 1990.

Harrison, in her judgment, declared that the first defendant did not have the powers to issue modified or customised marriage certificates different from the one provided in Form E under section 24 of the Marriage Act.


She said, “The court thus orders as follows: declaration that the second defendant’s ‘Local Government Unified Marriage Certificate’ is unknown to our law, unconstitutional, null and void.

“A perpetual injunction, restraining the defendants their agents, officers, employees and representatives from further issuing modified or altered marriage certificates apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN, 1990.



“A perpetual injunction, restraining the second defendant, their agents, officers, employees and representatives from further issuing Modified Local Government Unified Marriage Certificates.”

Citing Imunze vs Federal Republic of Nigeria, 2014 LPELR 22354 (SC) and Onochie vs Odogwu, 2006 Nigeria Weekly Law Report, (Part 975) 65, Harrison stated that while registration of marriage is regulated by local government being under the concurrent list, formation of marriage is under the exclusive list within the domain of the Federal Government regulated by the Federal Ministry of Internal Affairs-item 6 of 2nd schedule of 1999 constitution.

The judge pointed out that a marriage had been declared invalid by the Supreme Court on the grounds that it was not in line with Form E as provided by the Marriage Act.

“It is thus trite that the local and state government cannot make separate arrangements outside that provided for in the Marriage Act, that is Form E,” Harrison ruled.

The court, however, added that the marriages conducted by local governments and issued with the certificates, which are not in conformity with Form E, “will by virtue of Section 34 of the Marriage Act be regarded as good and valid in law to all intents and purposes.”

It “believes that there should be a re-issuance of the proper certificate to all persons in possession of the ‘invalid’ certificates.”

The judgment read in part, “The court will further consequentially order that all such modified marriage certificates issued by the first and second defendants be surrendered to the appropriate local government where the marriage was conducted and appropriate certificate, in line with Form E, should be reissued to the claimants herein and all other concerned persons.”

The judge said the second defendant and its branches issued their own form known as the Local Government Unified Marriage Certificate, which was also issued to the claimant by the first defendant.


Following the judgment, the Federal Government has written to the various embassies in the country not to recognise marriages conducted by local governments.


Original report by punch


32 comments:

Miss Ess said...

Oh well....

Miss Ess said...

Oh well....

Tuscany IG, TWITTER @onimisibespoke said...

Huh...
Lol
This is some serious ish ooo

Anonymous said...

Can someone please throw more light on this.I'm confused.

GALORE said...

Traditional wedding is my only option for a proper wedding

Then, may be, church, after traditional wedding



I am even happy they've barred it sef.. .kikikikik. ..all those Beggy Beggy for @LG registry in the name of signing certificate go end

E go pain dem baje baje


They can beg.. .na everything dem go wan collect.... E remain make Dem collect husband prick join sef.... ..






@Galore

Stella Igbokei said...

So those that married in LG will go through another protocol.

St.FranKooL.... said...

#We all have those secrets we'd never tell to anyone*

Cynthia Iyede said...

Hian! Those that already have their certificate there should burn it or what?

VICTORIOUS EHIS said...

Ok, what abt the ones conducted before now? Does it mean it's not valid?

Whr is d appropriate place to conduct court weddings henceforth? I ask bcx I couldn't read it all up

Tuesday's Child said...

This heading is incorrect. The court only ruled against the new certificates being issued by LGs as they are not in conformity with the Marriage Act. The court even ordered that the correct marriage certificate be issued to those with the so called 'modified local government unified certificates'.

GOONs Mi said...

En enh.....are you kidding me?!
Hmmmmm

isoko man wife said...

Na the whole Nigeria go return certificate be that.
Misplaced priorities once again. The only thing this administration is good at

Anonymous said...

Haba! Stella, you went to school na and was once a journalist! The headline and the story are not the same thing.

The court ruled that the "Unified Marriage Certificate" issued by the LG are not valid in as much as they do not confirm to the Form E of the Marriage Act.

Nowhere in the ruling did it bar Local Governments from conducting marriages or declare all certificates issued by LGs as illegal.

Abeg!

Anonymous said...

So my own is now invalid?

Anonymous said...

What does this administration have to do with this court ruling ? Can you not read?

Anonymous said...

You are an educated illiterate, small distinction between judiciary and Executive you don't even know.

Kai, wasted school fees.

VICTORIOUS EHIS said...

Well understood now. Thanks jare

bigbanty said...

Lol.... They are done

Anonymous said...

Ehn? Say wetin?
So what happens to the marriages already contracted under the LG registries? Are they null and void which means non existent?
OR as of the onset of this new law or article any marriage signed under LG registries will be null & void?
Then those prior to this announcement are good in the eyes of the law i.e. valid.

In house Family Lawyers, Matrimony Lawyers , where una? Please explain oo. Let sombori pikin not sit there thinking he/she is in a legally binding union whereas it is non existent, reduced to a co-habitation. Hian!

Amacastel said...

Hian Nigeria & misplaced prioty as siemense twins

Anonymous said...

Jezzz!!! The DEVIL IS A LIAR..... NOT THIS PERIOD PLEASE! THIS IS NOT FAIR AT ALL

Anonymous said...

No be only barred it , olodo.

Anonymous said...

Pele , kikiki

isoko man wife said...

Jeez..why Una dey vex Na..my own be say any bad thing wen come out from this country,I go blame the government o..if conductor no gree give me change,I go blame the government,if somebody steps on my toes,I go blame the government,if i dey waka for road and my slippers cut,I go blame the government. That's how angry I am. And for ur information,true true I no go school. I'm a stark illiterate. A village woman to the core. Primary school certificate sef,I no get.
And I mumu to the core. So find another curse curse me.
Kpass

sholetoga said...

What type of disorganised country is this ohhhhhh.......OMG, so what happened to those of us that have their certificate..........so we have to do another one........WTH is this now.........This is annoying I swear......

Anonymous said...

Thank you, Tuesday's child. I was just coming to comment that.
The judge never declared conducting the marriages illegal by that instead of all local governments/marriage registries issuing the same certificate as recognized by law 'Form E', most of them now give customized certificates.

That's what the judgment addressed

Anonymous said...

Thank you, Tuesday's child. I was just coming to comment that.
The judge never declared conducting the marriages illegal by that instead of all local governments/marriage registries issuing the same certificate as recognized by law 'Form E', most of them now give customized certificates.

That's what the judgment addressed

Anonymous said...

@Galore, your stupidity knows no bounds. Do you even understand the post you just read. Ask a lawyer to enlighten you before you comment. This your "I must comment spirit" makes you look stupid.
Bar ko barred ni

Anonymous said...

So you expect a lawyer to explain legal issues to you free of charge while you sit there staring at hour phone and feeding on free legal advise.
It is people like you that get easily deceived because you are too lazy to go out and get professional help. I'm sure when you are sick you'd wait for a doctor online to give you drugs free of charge.

Anonymous said...

Ana ekwugheri ndi ara

Anonymous said...

I had to comment just because of how dumb and silly you sound.You are obviously not exposed Galore.

Anonymous said...

Ehis just shut up. Dumb bitches on this blog.u cant read but u want to comment. If its gossipof who is sleeping with who u will understand...cant red it all cos its too intellectual for you ilnow

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