Formation and registration of statutory marriage; who has the power between Ministry of interior and local government?
Registration of Marriage is one of the requisites that evidenced the conduction of a valid Statutory Marriage under Section 30 and 32 of the Marriage Act, before such can be registered, validly tendered and admissible in a court of competent jurisdiction ; it has to be registered and issued by an appropriate authority. What constitutes this appropriate authority has been subjected to controversies among the people on who should issue the Marriage certificates, even though, same has been given judicial notice by Federal high court. Opening to the discourse as to whether it is the Ministry of interior or the Local government council under the provisions of Marriage Act as well as the Constitution of Federal Republic of Nigeria 1999 as amended.
The bone of contention of this assignment therefore, is to examine whether or not there is a conflict in the provision of Marriage Act on the registration and issuance of marriage certificate. In order to determine whether there is a conflict in the said provision however,it is pertinent to look at the power conferred on both the Ministry of interior as federal government agency and Local Government council under item 61, exclusive legislative list; second Schedule of the 1999 Constitution and item 1(i) of fourth Schedule to the Nigerian 1999 constitution as amended to register all birth, death and Marriages respectively as well as to make submission as to the validity of marriages registered by the ministry of interior and that of local government council in exercising their constitutional powers.
REGISTRATION AND ISSUANCE OF MARRIAGE CERTIFICATE BY MINISTRY OF INTERIORS ; WHETHER OR NOT THERE IS A CONFLICT WITH THE PROVISION OF MARRIAGE ACT.
It’s not of dispute that while the issues relating to statutory Marriages are within the exclusive legislative list under item 61, second Schedule to the 1999 Constitution ; the constitution has also conferred power on the Local government council under item 1(i) of fourth Schedule to the Nigerian 1999 constitution as amended to register all birth,death and Marriages. Also, the procedure to be taken in the registration of Statutory marriages has been provided for under section 30 (1) of the marriage Act which reads thus: ” Every registrar shall forthwith register in a book to be kept in his office for such purpose and to be called the Marriage Register Book, every certificate of the marriage which shall be filed in his office according to the Form F in the First Schedule; and every such entry shall be made in order of the date from the beginning to the end of the book, and every entry so made shall be dated on it is so entered, and shall be signed by the registrar,and such book shall be indexed in such manner as it is best suited for easy reference thereto.”
Thus, the question of who can validly register statutory marriage between the ministry of interior and the Local government council is not clearly provided for under the Marriage Act as the Act under section 30 (1) only use the word “Registrar” whose office is directed by the minister under section 5 of the Marriage Act. Nonetheless, the Nigeria 1999 Constitution has clearly shown the power of the federal government in the exclusive legislative lists under item 61 to the second Schedule which provides : ” The formation ,annulment and dissolution of marriages other than marriages under Islamic Law and Customary Law including matrimonial causes relating thereto.” And that of the local government under item 1(i)which provides : ” Registration of all births, deaths and Marriages”.
These controversies as to who can validly register Statutory marriages has now been given judicial notice by the Federal high court in the unreported case of HAASTRUP & ANOR v. ETI OSA LOCAL GOVERNMENT & 2 ORS (FHC/L/870/2002), where it was posited that those who can validly contract or celebrate marriages include the Ministry of Interior. However, with respect to registration of marriages, it is within the exclusive authority of the Registrar in the marriage district (Local Government) in accordance with the provisions of section 30(1) of the Marriage Act, section 7(5) Constitution of the Federal Republic of Nigeria 1999 and Paragraph 1(i) Fourth Schedule to the constitution.
Also, this decision has been upheld by the court in an unreported case of EGOR LOCAL GOVERNMENT, EDO STATE & ORS Vs. HON MINISTER OF INTERIOR & ORS (FHC/L/ CS/1760/16) in this case ; the suit was filed by some local government councils in Nigeria, challenging the power of the Federal Ministry of Interior to operate marriage registries.The councils are Egor Local Government (Edo), Eti-Osa Local Government (Lagos), Owerri Municipal Local Government (Imo) and Port Harcourt City Local Government Area (Rivers).The respondents in the suit are the Federal Ministry of Interior and the Attorney-General of the Federation.The issue for determination in the case was whether it is only local government authorities that can contract and register Marriages to the exclusion of such other authorities designated by the Ministry of Interior. Consequently, the Court merely upheld and re-affirmed the position in the Haastrup’s case, that the Ministry of Interior can validly conduct marriages but reserved the power for registration of marriages exclusively in the Local Government.
At this juncture, it is important to distinguished between Conduction of Marriages as well as Registration of Marriages. While the former deals with the process of forming a valid marriage contract which can be perfected by any licensed authorities, the latter comes after the marriage contract to evidenced that, marriage has been conducted between the patties which has a greater legal consequences where the due process is not followed.
Moreover, The recent move made by the ministry of interior to create marriage registries to conduct and issue marriage certificate in 11 states of the federation, these states includes : Ikoyi , Lagos State ; Abuja , Federal Capital Territory ; Benin , Edo State ; Owerri , Imo State ; Port Harcourt , Rivers State ; Kano , Kano State ; Jos, Plateau State , Enugu, Enugu; Kaduna, Kaduna; Ibadan , Oyo State ; and Makurdi , Benue State claiming that the formation of statutory marriages is within the exclusive legislative list and that it was the regulatory body for the conduct of statutory marriages and the issuance of marriage certificates. The Local government on the other hand sees this development as an infringement to their constitutional power and Function under 1(i) to the fourth Schedule to the 1999 Constitution.
On this note, the functions conferred on the local governments places no ban on the Ministry of Interior, licensed places of worship and other lawful authorities to contract and celebrate marriages. The court had also declared valid all marriages contracted under a licence granted by the Ministry of Internal Affairs, Director General of a state government in charge of marriages, any state ministry, or by any officer in any of the ministries. Based on the decision given in the Haastrup’s case, it only restrains the Ministry from further registration of Marriages. By implication, marriages registered at the Ministry of Interior before the decision in Egor Local Government V. Hon Minister of Interior are valid while further registrations conducted by the Ministry of Interior may be challenged.
It is however pertinent to state that : even though the registration and issuance of marriages is conferred on the Local Government, such must be exercised in accordance with the provision of Marriage Act as illustrated by the court in the case of Olumide Babalola V. Ikeja Local Government and Anor ( Suit NO. LD/1343GCM/16], the Claimant applied for a declaration that the local government does not have power to issue modified/customized Marriage Certificates different from the one provided for in Form E under Section 24 of the Marriage Act and a declaration that the Registered Trustees of Association of Local Governments in Nigeria (ALGON) Unified Marriage Certificate is unconstitutional, null and void. The Court affirmed the position with regards to the form of the Marriage Certificates, it however held that marriages that are already conducted and are not in conformity with Form E be regarded as good and valid in Law for all intents and purposes, there should however, be a reissuance of the proper certificate to all persons in possession of the “invalid certificates “and this will have no effect on the subsisting validity of the Marriage.
Conclusively, in light of the judicial authorities discussed above and in line with the relevant statutory provisions cited,one can validly conclude that while the local governments have the right to validly register and issue certificates of Marriages as conferred on them under item 1(i) of fourth Schedule to the Nigerian 1999 constitution as amended; so far such is comply with all the stipulated provisions in the Marriage Act, for the issuance of Form E and no other customized form is acceptable, failure to comply with the provision renders the whole process voidable ; the formation of Marriage is exclusively regulated by the Ministry of Interior under exclusive legislative lists, item 61 of the second Schedule to the constitution of Federal Republic of Nigeria, 1999 as amended. Hence, there is no conflict as regards the registration and issuance of marriage certificate, since each powers and functions of each tiers of government has been clearly defined under the constitution.
LawPedia 