Court declares marriages conducted by LGs illegal

Marriages contracted at all local government councils in Nigeria have been held illegal by a court of competent jurisdiction.

A Lagos High Court in Igbosere, which voided all marriages nationwide authenticated with the so-called “customized” certificate, also asked all the affected couples to return the illegal certificate to the issuing local government council for a constitutionally-recognised replacement.

The presiding judge, Justice Ibironke Harrison, in her considered opinion, resolved all the issues in a class action, in favour of the litigant.

Consumer Rights lawyer, Olumide Babalola brought the suit against Ikeja Local Government and the Association of Local Governments of Nigeria (ALGON).

In suit No. LD/1343GCM/16, he asked the court to declare the said customized marriage certificate being issued by local government registries as illegal and unconstitutional and restrain them from issuing same henceforth.

The judgement which was delivered on 15th May, 2017 granted his request.

The presiding judge further held that the “Local Government Unified Marriage Certificate” better known as “customized” certificate should not be issued again.

Babalola asked for following reliefs:

• Declaration that the 1st Defendant (Ikeja Local Government) does not have powers to issue modified and/or customized marriage certificates different from that provided in Form E under section 24 of the Marriage Act, LFN 1990.
• Declaration that the 2nd Defendant’s (ALGON) “Local government Unified Marriage Certificate” is unknown to our law, unconstitutional, null and void.
• Perpetual injunction restraining the Defendants, their agents, officers, employees and representatives from further issuing modified and/or alter marriage certificate apart from the form as provided under Form E (1st schedule) and section 24 of the Marriage Act, LFN 1990.
• Perpetual injunction restraining the 2nd Defendant, their agents, officers, employees and representatives from further issuing “Local Government Unified Marriage Certificates.
• An Order that all modified marriage certificates issued by 1st and 2nd Defendants be surrendered to the appropriate local government where the marriage was conducted and an appropriate certificate in line with Form E should be re-issued to the Claimant herein and all concerned persons.

The judgement subsequently rendered all marriages contracted under the existing arrangement in local governments across the country illegal and unknown to the law of the land.

For such marriages to be considered lawfully contracted, an exchange of certificates must be effected at the local governments where such were issued.

Intending couples would also have to insist on the constitutionally-recognized certificates, for their marriages to be considered legal.