O.T BASANWO ESQ, a Nigerian lawyer located in Ado has reacted to the recent court order on the closure of the Ikoyi Registry. See what he has to say below;
Are marriages at Ikoyi Registry, Lagos now null and void?
Following the recent decision of the Federal High Court sitting in Lagos which declared all Marriages conducted by Ikoyi marriage registry as illegal and invalid. The Federal High Court sitting in Lagos in Suit No: FHC/L/CS/816/18 between Eti-Osa Local Government Council & 3 others held that only the Local Government councils can conduct valid marriages in Nigeria.
The above decision has birth several controversies within the general public particularly on social media. In fact some affected members of the society are considering the option to remarry with the view that their previous marriage is void ab-initio. This view of mine however bothers on the validity or otherwise of the marriages earlier conducted by the Ministry of Interior Federal Marriage Registry Ikoyi-Lagos as well as the legal remedy available in this regard.
While it is conceded that one of the major function of a Local Government Council as contained in the 4th Schedule of the Constitution of the Federal Republic of Nigeria (1999 as amended) is to register all births, deaths and marriages within its area, same cannot transform into a magic wand to usurp the power of the federal government as contained in the same Constitution. The power of the Local Government Council as enshrined in paragraph 1(i) of the 4th Schedule of the constitution is limited to registration of all forms of marriages (including Islamic and customary marriages) and no more.
On the validity of the marriages so far solemnized at the Ministry of Interior Federal Marriage Registry Ikoyi-Lagos, it is my humble view that same was and is been done in tandem with provision of the law. The raison d’être of this view is grounded in the wordings of item 61 of the 1st Schedule of the 1999 Constitution of the Federal Republic of Nigeria (1999 as amended) which placed the issue of formation, annulment and other matrimonial causes in the exclusively reserved of the Federal Government.
By virtue of the above provision which delegated in clear wording the right and duty to form, annul and dissolve marriages except marriages under Islamic law and Customary law in the exclusive right of the Federal Government, it cannot now be said that marriages contracted at the Ministry of Interior Federal Marriage Registry Ikoyi-Lagos is invalid, null and void because same was not contracted by the Local Government Registries.
However, while it is my humble view that the marriages solemnized by the Ministry of Interior Federal Marriage Registry Ikoyi-Lagos is very much valid, same cannot be of any legal effect except it is properly registered with the Local Government. The process of formation of marriages though contracted in accordance with the law remains incomplete until the final obligation is fulfilled. The Constitution is quite clear on this. In other words, a marriage validly contracted at the Ministry of Interior Federal Marriage Registry Ikoyi-Lagos or any other Federal Marriage Registries without proper registration of the Marriage Certificate with the Local Government Council renders same inchoate and of no consequence, same is tantamount to a worthless piece of paper and of no legal value.
LEGAL REMEDY/ADVICE
From the foregoing, it is crystal clear that the question of whether to remarry totally unnecessary. It is on this score that I humbly advise the general public, intending couples and more particularly couples who had earlier contracted their marriages at Ministry of Interior Federal Marriage Registry Ikoyi-Lagos or any Federal Marriage Registries duly licensed places of worship, to be calm and continue transacting their marriages at the Federal Marriage Registry across the Country as same is in line with statutory and constitutional provisions.
It is however further advised that upon the receipt of their marriage certificate from the various Federal Marriage Registries subsisting throughout the Federation, parties should endeavor to register same at their various Local Government Councils to make it valid. This final act of registration brings the validity of the marriage to life.
O.T BASANWO ESQ.
basmanoyebola@gmail.com
1 Comment
Nice one 🤛🏾🤛🏾