- Expectedly, judgment nullifying marriages contracted at LGs causes panic
THE anxiety generated among married couples, by the statement credited to Justice Ibironke Harrison of the Lagos High Court, Ikeja Division, that certificate of marriage purportedly issued by local council authorities in contravention of the Marriage Act, is a nullity, is understandable. But the finding of the learned justice appears to be in tandem with the law, even as it may have rendered many marriages invalid. Indeed: “The formation, annulment and dissolution of marriages other than marriages under Islamic law and customary law, including matrimonial causes relating thereto” is provided as item 61 on the exclusive legislative list, for which only the Federal Government can legislate under the 1999 Constitution.
In furtherance of that exclusive power, the Marriage Act is a federal legislation, enabling the President to create marriage districts, to regulate marriages, and that act covers the entire country. We believe that the statement credited to Justice Harrison arose from an interpretation of the extant laws, as provided in the Marriage Act, particularly its section 30. She had reportedly said to a couple: “In the eyes of the law, the two of you are not husband and wife. Your marriage is not yet backed up by a legitimate marriage certificate. The Local Government Unified Marriage Certificate in your possession is an illegal document and cannot give legal backing to your union.”
No doubt, while the so-called Local Government Unified Marriage Certificate is rightly unknown to law, marriages made outside the act, like Islamic marriages and customary marriages are not illegal. So, couples who had performed their traditional rights of marriage, before going to the local government to obtain a certificate, though not in accordance with Marriage Act, may not have married under the act, but could fall back on customary marriage, in view of the shortcoming, as held by the court.
As far back as 1973, as reported by the Daily Telegraph, the Supreme Court in Anyaegbunam vs Anyaegbunam 3 ECSLR 243, declared “invalid the local governments’ power to issue marriage certificate on the grounds that such certificate were not in line with Form E as provided by Marriage Act.” The judgment of the court in our view makes sense, considering the legal maxims that: “no one can give what he doesn’t have” and again, “no one can do a thing, unless he can do it lawfully.”
But perhaps what is needed is the amendment of the constitution to devolve the power to conduct marriages to states, so that states can enact laws in that respect. But even as the law is, local governments and faith-based organisations have been going ahead to conduct marriages, issuing what they consider certificate of marriage.
Perhaps to text the extent of their powers, four local governments across the country have approached a Federal High Court in Lagos, for a re-evaluation of the law, in view of the provisions of the 1999 Constitution, as amended.
So, we appreciate the efforts of Egor Local Government Council in Edo State, Eti-Osa Local Government Council in Lagos State, Owerri Local Government Council in Imo State and Port Harcourt Local Government Council in Rivers State, in approaching the court, to test the extent of their powers as provided in section 7(5) and the fifth schedule to the 1999 Constitution as amended. In the schedule, the functions of local government councils were listed to include in paragraph 1(i), the “registration of all births, deaths and marriages.”
Whether that power gives them authority to celebrate and conduct marriages will, hopefully, be re-determined in the action filed by the councils and presently before Justice Austin Obiozor of the Federal High Court, Lagos.
