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Court Declares LG Marriage Certificates Illegal - Family - Nairaland

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Court Declares LG Marriage Certificates Illegal by dre11(m): 7:09am On May 29, 2017
Adelani Adepegba, Abuja


A Lagos High Court has barred local government areas from conducting marriages across the country.

The court, in a judgment , declared that the Local Government Unified Marriage Certificate was unknown to law and therefore unconstitutional , null and void.

A Certified True Copy of the judgment by Justice I. O . Harrison of Court 37, General Civil Division of the Lagos Judicial Division, dated May 15, 2017, in suit no LD/1343 GCM/2016, was obtained by our correspondent on Sunday in Abuja.

The plaintiff, Olamide Babalola, representing himself and other recipients of modified marriage certificates from the local governments, had dragged the Ikeja Local Government and Registered Trustees of Association of Local Governments of Nigeria before the court over the modified marriage certificate issued by the first and second defendants.

The plaintiff had sought a declaration that the first defendant did not have the powers to issue modified or customised marriage certificates different from the one provided in Form E under Section 24 of the Marriage Act Laws of Federation of Nigeria, 1990.

Babalola also prayed for a declaration that the second defendant’ s Local Government Unified Marriage Certificate was unknown to law and unconstitutional.

He equally wanted a perpetual injunction restraining the defendants, their agents, officers, employees and representatives from further issuing modified or altered marriage certificates apart from the form as provided under Form E (1 st schedule) and Section 24 of the Marriage Act, LFN, 1990.

Harrison, in her judgment, declared that the first defendant did not have the powers to issue modified or customised marriage certificates different from the one provided in Form E under section 24 of the Marriage Act.

She said, “ The court thus orders as follows: declaration that the second defendant’s ‘Local Government Unified Marriage Certificate’ is unknown to our law, unconstitutional, null and void.

“ A perpetual injunction, restraining the defendants their agents, officers, employees and representatives from further issuing modified or altered marriage certificates apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN, 1990.

“A perpetual injunction, restraining the second defendant, their agents , officers, employees and representatives from further issuing Modified Local Government Unified Marriage Certificates."

Citing Imunze vs Federal Republic of Nigeria , 2014 LPELR 22354 ( SC) and Onochie vs Odogwu , 2006 Nigeria Weekly Law Report, (Part 975) 65, Harrison stated that while registration of marriage is regulated by local government being under the concurrent list, formation of marriage is under the exclusive list within the domain of the Federal Government regulated by the Federal Ministry of Internal Affairs - item 6 of 2 nd schedule of 1999 constitution.

The judge pointed out that a marriage had been declared invalid by the Supreme Court on the grounds that it was not in line with Form E as provided by the Marriage Act.

“ It is thus trite that the local and state government cannot make separate arrangements outside that provided for in the Marriage Act, that is Form E, ” Harrison ruled.

The court however added that the marriages conducted by local governments and issued with the certificates, which are not in conformity with Form E, “ will by virtue of Section 34 of the Marriage Act be regarded as good and valid in law to all intents and purposes. ”

It “believes that there should be a re - issuance of the proper certificate to all persons in possession of the ‘invalid' certificates . ”

The judgment read in part, “ The court will further consequentially order that all such modified marriage certificates issued by the first and second defendants be surrendered to the appropriate local government where the marriage was conducted and appropriate certificate , in line with Form E, should be reissued to the claimants herein and all other concerned persons.”

The judge said the second defendant and its branches issued their own form known as the Local Government Unified Marriage Certificate , which was also issued to the claimant by the first defendant.

Following the judgment, the Federal Government has written to the various embassies in the country not to recognise marriages conducted by local governments.

A director in the Ministry of Interior, who spoke on condition of anonymity , said the embassies were asked not to issue visas to applicants with local government marriage certificates in line with the court order.

“Most of the marriages conducted by local government registries are sham and were merely used to obtain visas by desperate Nigerians. We have written to the embassies not to give out visas based on such marriage certificates, ” he said.

The Director of Press, Ministry of Interior, Willy Bassey, described the court judgment as a welcome development, which he said had put paid to “the illegal acts by the local governments.


http://punchng.com/court-declares-lg-marriage-certificates-illegal/


lalasticlala

3 Likes

Re: Court Declares LG Marriage Certificates Illegal by seunlayi(m): 7:13am On May 29, 2017
I laugh......... Thousands of homes about to be destroyed by this judgement grin

This judgement automatically dissolved 80% of Nigeria marriages

Wait, it seems this poster below me deserves this FTC
sleazy5:
From what I understand, local government have not been barred from issuing marriage certificates. they have only been barred from issuing certificates which are not in conformity with Form E under section 24 of the Marriage Act. Thus to this extent certificates issued by local governments and called Modified Local Government Unified Marriage Certificate is null and void.All what needs to be done is for the local government to recall all certificates issued and called Modified Local Government Unified Marriage Certificate and re-issue the appropriate certificate recognized by Form E under section 24 of the Marriage Act.

19 Likes 2 Shares

Re: Court Declares LG Marriage Certificates Illegal by TRADELYN: 7:22am On May 29, 2017
What a news. sad


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Re: Court Declares LG Marriage Certificates Illegal by sleazy5(m): 7:22am On May 29, 2017
From what I understand, local government have not been barred from issuing marriage certificates. they have only been barred from issuing certificates which are not in conformity with Form E under section 24 of the Marriage Act. Thus to this extent certificates issued by local governments and called Modified Local Government Unified Marriage Certificate is null and void.
All what needs to be done is for the local government to recall all certificates issued and called Modified Local Government Unified Marriage Certificate and re-issue the appropriate certificate recognized by Form E under section 24 of the Marriage Act.

The poster above the poster above me rushed to comment without reading...and stole my FTC wink

45 Likes 2 Shares

Re: Court Declares LG Marriage Certificates Illegal by OBAGADAFFI: 7:23am On May 29, 2017
Strange
Re: Court Declares LG Marriage Certificates Illegal by modaink333: 7:26am On May 29, 2017
More baby mama and papa loading.....

1 Like

Re: Court Declares LG Marriage Certificates Illegal by Mhissgaga(f): 7:33am On May 29, 2017
modaink333:
More baby mama and papa loading.....

grin grin
Re: Court Declares LG Marriage Certificates Illegal by talktrue1(m): 7:34am On May 29, 2017
Is Ikoyi registry and AMAC (Abuja) involve?

1 Like

Re: Court Declares LG Marriage Certificates Illegal by otokx(m): 7:35am On May 29, 2017
Unbelievable, what is the meaning of this? can we have pictures of the modified form and the constitutional form?

7 Likes 1 Share

Re: Court Declares LG Marriage Certificates Illegal by Lanretoye(m): 7:48am On May 29, 2017
na to remarry be that.

3 Likes

Re: Court Declares LG Marriage Certificates Illegal by itiswellandwell: 7:54am On May 29, 2017
Lol. Nigeria is a joke honestly!! Something as serious as marriage certificate is what these people toyed with.

It's well oooooo.

1 Like

Re: Court Declares LG Marriage Certificates Illegal by fuckerstard: 7:55am On May 29, 2017
Imagine o, this one no make sense.
Re: Court Declares LG Marriage Certificates Illegal by sakalisis(m): 7:55am On May 29, 2017
Hmmm
Re: Court Declares LG Marriage Certificates Illegal by generaluthman: 7:55am On May 29, 2017
Ewo!!! I don die after all the money una don collect for the certificate
Re: Court Declares LG Marriage Certificates Illegal by cinoedhunter: 7:56am On May 29, 2017
Naija is becoming complicated to understand... lipsrsealed embarassed

2 Likes

Re: Court Declares LG Marriage Certificates Illegal by Pavore9: 7:56am On May 29, 2017
Glad it does not nullify those already with the certificates.
Re: Court Declares LG Marriage Certificates Illegal by limitless777(m): 7:58am On May 29, 2017
I don't know what to type for now.
Re: Court Declares LG Marriage Certificates Illegal by ALARAPE22(m): 7:59am On May 29, 2017
space booking.....let me call my lawyer.
Re: Court Declares LG Marriage Certificates Illegal by Dadaboy: 7:59am On May 29, 2017
angry7
Re: Court Declares LG Marriage Certificates Illegal by ochgeorg(m): 8:01am On May 29, 2017
Nigeria seriously is a joke

Re: Court Declares LG Marriage Certificates Illegal by sulley(m): 8:02am On May 29, 2017
It's well....
Re: Court Declares LG Marriage Certificates Illegal by bareal(m): 8:02am On May 29, 2017
otokx:
Unbelievable, what is the meaning of this? can we have pictures of the modified form and the constitutional form?

Exactly, and which agency is responsible for its issuance?

2 Likes

Re: Court Declares LG Marriage Certificates Illegal by Talk2Bella(f): 8:05am On May 29, 2017
Nah this is so wrong

what about previous marriages?

Nigeria and monopoly

na so court go crowd these days

Modified

now I get it

out with the old

in with the new

this with breed more corruption as people with still pay to get this

do some people even know where their marriage certificates are? lol
Re: Court Declares LG Marriage Certificates Illegal by Firefire(m): 8:06am On May 29, 2017
Interesting judgement...
Re: Court Declares LG Marriage Certificates Illegal by Dinobi77: 8:12am On May 29, 2017
It's not the marriages that re annulled, but the certificate issued by the councils aren't legal, they were supposed to be exact type authorized by the federal govt. One only needs to apply for reissue, THE MARRIAGES ARE NOT ANNULLED.

3 Likes

Re: Court Declares LG Marriage Certificates Illegal by miqos02(m): 8:12am On May 29, 2017
seen
Re: Court Declares LG Marriage Certificates Illegal by wanakak: 8:13am On May 29, 2017
Firefire:
Interesting judgement...
rubbish
Re: Court Declares LG Marriage Certificates Illegal by Dyt(f): 8:13am On May 29, 2017
Hmmmmmmm
Kotiyemi ooo

Mynd44
Comman explain to me
Re: Court Declares LG Marriage Certificates Illegal by belindar: 8:19am On May 29, 2017
Nigeria and Nigerians Lawmakers are the architect of all the problems in these country. Is marriage certificate the problem right now where people are unable to feed themselves.
Also we always create problem for ourselves so as for the European and white peoples to ridicule us. Imagine saying that such marriages are sham in other to collect visa. What do want the embassy official to say if a govt representatives can say these. I believe they are looking for avenue to make money from it that is why they suddenly wake up. Pathetic.

5 Likes 1 Share

Re: Court Declares LG Marriage Certificates Illegal by wanakak: 8:21am On May 29, 2017
Imagine ooh

1 Like

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