Court of Appeal Resolves Dispute over Marriage Registration in Nigeria

Lagos, Nigeria - In a recent ruling, the Court of Appeal in Lagos has reversed a judgment by the Federal High Court, granting the Federal Government and local government councils the legal authority to celebrate, contract, and register marriages under the Marriage Act in Nigeria. This decision sets aside the restriction previously imposed on the government to further register marriages within certain local government areas.

The initial judgment, handed down by Justice Daniel Osiagor of the lower court on December 8, 2021, had restrained the Minister of Interior and related authorities from conducting registration of marriages within specific local government councils. This ruling was based on a suit brought by Eti-Osa Local Government in Lagos State, Egbor Local Government in Edo State, Owerri Municipal Local Government in Imo State, and Port-Harcourt City Local Government against the Minister of Interior, the Attorney General of the Federation, and Anchor Dataware Solution Limited.

However, the Court of Appeal, in its judgment delivered on August 2, 2023, disagreed with the lower court's position. Justice Abubakar Umar, who delivered the lead judgment on behalf of the appeals panel, highlighted that no single entity within the government has exclusive rights to contract and celebrate marriages.

"Both the Federal Government and Local Government Areas have the legal authority to celebrate, contract, and register marriages between prospective couples," Justice Umar stated.

The Minister of Interior, in their appeal, raised two fundamental issues for the Court of Appeal to consider. Firstly, they questioned whether the doctrine of res judicata was applicable to the respondents' action. Secondly, they sought a determination on whether the lower court was correct in its decision to grant exclusive rights to local governments for conducting, celebrating, and registering marriages within their respective areas.

In its ruling, the Court of Appeal concluded that the lower court erred in granting the reliefs sought by the local government councils and partially endorsing relief number 7. This judgment effectively restores the Federal Government's authority in the registration of all marriages across Nigeria, regardless of locality.

This decision by the Court of Appeal resolves an ongoing dispute regarding marriage registration and sets a precedent for a cohesive approach to marriage laws and regulations in Nigeria. It ensures that couples seeking to get married will have a consistent process regardless of their location within the country.

In conclusion, the Court of Appeal's ruling asserts the shared responsibility among various levels of government in the celebration, recognition, and registration of marriages. By clarifying the legal framework, the decision contributes to a more streamlined and uniform approach to marriage registration, benefiting both the Nigerian government and prospective couples alike.

Source of content: OOO News 2023-08-07 News

More detailed, more comprehensive, fresher news, please visit OOO NEWS.