Breaking News
Just In: Marriages Conducted By Ikoyi Marriage Registry Legal, Valid – FG Declares
The Ministry of Interior has debunked reports making the rounds that the Federal High Court sitting in Lagos has declared all marriages conducted by the Ikoyi marriage registry illegal and invalid.
In a statement on Tuesday evening, the Permanent Secretary and Principal Registrar of Marriages, Ministry Of Interior, described the reports as “false, misleading and a deliberate distortion of the decision of the Court in Suit No: FHC/L/CS/816/18 between Eti-Osa Local Government Council & 3 others”.
See the full statement below.
The attention of the Ministry of Interior has been drawn to news making the rounds on social media claiming that the Federal High Court sitting in Lagos has declared all Marriages conducted by Ikoyi marriage registry to be illegal and invalid.
We would like to state that this statement is false, misleading and a deliberate distortion of the decision of the Court in Suit No: FHC/L/CS/816/18 between Eti-Osa Local Government Council & 3 others… where the Honourable Court held that only the Local Government councils can conduct valid marriages in Nigeria.
It is noteworthy that, the same Federal High Court situated in Ikoyi, Lagos in Suit No. FHC/L/870/2002 between Prince Haastrup and Eti Osa Local Government held that the Federal Government, through the Ministry of Interior is constitutionally empowered to conduct marriages in Nigeria and held that the Local Governments were delegated by the Federal Government to conduct marriages, by virtue of Legal Notices issued pursuant to the Marriage Act.
In that case, the learned trial judge held that nothing in the role of local governments, as defined in the Constitution, suggests that local governments can conduct or contract marriages as alleged in their pleadings. The Court affirmed that powers of the local governments to contract statutory marriages is derived from the Legal Notices issued by the President.
The Court also confirmed that the role of local governments, as enshrined in the Constitution is limited to registration of all forms of marriages (including Islamic and customary marriages).
Rather than appeal this decision, the same claimants instituted another action in 2016 Suit no. FHC/L/CS/1760/16 Egor Local Government, EtiOsa Local Government and 2 others V Hon, Minister of Interior and 2 Others.
The Court held that the Suit was an abuse of court process, as it could not be invited to make another pronouncement on the same point, which would lead to conflicting decisions coming from the same court and struck out the case.
The same issue was adjudicated in the case of Olumide Babalola vs Ikeja Local Government and the Registered Trustees of the Association of Local Government of Nigeria (ALGON) in Suit No. LD/1343/GCM/2016 delivered on 15th May, 2017.
The Court held that while registration of marriages are regulated by local governments, being under the concurrent list, formation of marriage is under the Exclusive Legislative List, within the jurisdiction of the Federal Government, regulated by the Ministry of Interior.
It is further worthy of note that the issue of formation, annulment and other matrimonial causes are by virtue of item 61 of the 1st Schedule of the 1999 Constitution of the Federal Republic of Nigeria exclusively reserved for the Federal Government. The General Public is invited to note that these judgments are all still subsisting, competent and have not been appealed against till date.
Further to the above, the current decision of the Federal High Court delivered by Hon. Justice D. E. Osiagor of Court 6, cannot set aside a previous decision of the same Court, which is of coordinate jurisdiction, as that would amount to the court sitting on appeal over its own judgment.. In the circumstances, the Federal Government through the Ministry of Interior, has applied for a certified true copy of the judgement and will take appropriate further action including but not limited to filing of an appeal in respect of this conflicting and confusing decision, in line with the provisions of the Constitution.
We would like to appeal to the general public, the international community, to couples who had hitherto had their marriages solemnized at Federal Marriage Registries by duly licensed places of worship and to all intending couples to be calm and continue transacting their normal businesses at all Federal Marriage Registries subsisting throughout the federation in line with statutory and constitutional provisions.
The general public is to please note the foregoing and maintain status quo ante.
Dr. Shuaib Belgore
Permanent Secretary/Principal Registrar of Marriages
Breaking News
Ex-Senator Iyabo Obasanjo Joins All Progressives Congress
Prof. Iyabo Obasanjo, daughter of former President Olusegun Obasanjo, has reportedly registered as a member of the All Progressives Congress in Ogun State, according to a former chairman of Abeokuta South Local Government.
It was gathered that the former senator of Ogun Central completed her e-registration on Tuesday at Ibogun, Ward 11, Ifo Local Government Area of the state.
Confirming the development on Wednesday, Biodun Ajayi, former Chairman of Abeokuta South Local Government and a close ally of Prof. Obasanjo, told Vanguard that the registration was successfully concluded.
Ajayi, who currently serves as a Commissioner with the State Universal Basic Education Board, SUBEB, said: “I can confirm to you that Prof. Iyabo Obasanjo completed her online registration as a member of our great party, the APC, on Tuesday at Ibogun Ward 11 in Ifo Local Government.”
Breaking News
BREAKING: Supreme Court Upholds Acquittal Of Hamza Al-Mustapha In Kudirat Abiola Murder Case
A five-man panel of the Supreme Court, headed by Justice Uwani Aba-Aji has dismissed the trial of Major Hamza Al-Mustapha (rtd) concerning the murder of Alhaja Kudirat Abiola.
Kudirat Abiola was the wife of the late businessman cum politician, Chief MKO Abiola, the presumed winner of the June 12, 1993 Presidential Election that was annulled by former President Ibrahim Babangida.
Mrs Kudirat Abiola was, however, murdered in Lagos in the nationwide crisis that followed the annulment and in the course of her persistent struggle to get the annulment reversed by the military.
The trial of Al-Mustapha on the murder charges brought against him by the Lagos State government was, however, put to rest on Thursday by a 5-man panel of Justices of the Supreme Court headed by Justice Uwani Aba-Aji.
At the proceedings where the Lagos State was slated to re-open the trial, no legal representation was made while no process was filed since 2014 when order to re-open the case was granted in favour of the state government.
When the matter was called, Paul Daudu, a Senior Advocate of Nigeria stood for Al-Mustapha and informed the Justices that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.
He said that not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to prosecute the trial.
The senior lawyer informed the Apex Court that in 2014 when order to re-open the trial was granted, Lagos was issued a 30 day ultimatum to file its notice of appeal.
Daudu explained that more than nine years after, nothing was done to comply with the order.
He therefore urged the Court to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Uwani Aba-Aji, who presided over the matter sought to know if Lagos was served with hearing notice, the question that was answered in the affirmative by the Registrar of the Court.
In a brief ruling, the Supreme Court in a unanimous decision agreed that Lagos has lost interest in the matter and consequently abandoned it.
Justice Aba-Aji held that nine years was long enough for the appellant to have filed notice of appeal and the appeal in the matter.
Besides, the Court expressed disgust that no legal representation was made by the state government while no information was made available to the Court and the respondent.
Consequently, the matter marked SC/CR/45/2014 was dismissed.
Another matter by the Lagos governor marked SC/CR/6/2014 was also dismissed on the same ground.
The Supreme Court had in 2014 in a brief ruling on the application by Lagos State for permission to re-open the case out of time, granted the request for the Lagos to challenge the Court of Appeal decision of July 12, 2013 that discharged and acquitted Al-Mustapha from the murder case.
The then Acting Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen in the ruling of a panel of seven Justices ordered Lagos State to file its notice of appeal within 30 days.
The decision of Justice Onnoghen on the Lagos application argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice followed the consent of Al-Mustapha’s lawyer, Mr. Joseph Dauda SAN, not to oppose the application.
The acting CJN had said that by the decision of the apex court, the time for Lagos to appeal against the findings of the Court of Appeal on the celebrated murder case has been extended from July 12, 2013 when the Court of Appeal judgment was delivered till January 7, 2014.
By the granted permission in 2014, the coast became cleared for the Lagos to challenge the no guilty verdict granted in favour of the military officer by the Court of Appeal in 2013
In the then move to re-open the case, the Lagos State government had sought to file a notice of appeal out of the time at the Supreme Court asking for the permission of the court to allow it to challenge the Appeal Court findings of Justices Amina Adamu Augie, Rita Nosakhare Pemu and Fatimo Omoro Akinbami on ground of mis-carriage of Justice in the matter.
The state had in the application prayed the apex court to allow it to exercise its constitutional right to test the validity and correctness of the decision of the Appeal Court.
It claimed that it wants to raise its ground of appeal on arguable legal and factual issues especially the question of whether there is any direct or circumstantial evidence establishing the guilt passed on Al-Mustapha in the murder case.
It justified its lateness in filing the appeal on the ground that it set up two legal teams to review the circumstances of the case and the verdict of the Court of Appeal.
The government said that it took a long time for the two legal teams to present their findings and recommended that an appeal case can be filed and sustained.
The Lagos State Government said that it will ask the Supreme Court to set aside the judgment of the Court of Appeal which on July 12, 2013 discharged and acquitted Major Hamza Al-Mustapha, in the murder case of late Alhaja Kudirat Abiola.
In place of the Appeal Court decision, the state government said that it will plead with the apex court to uphold and restore the death sentence by hanging placed on the former Chief Security Officer (CSO) to the former dictator and late Head of State, General Sani Abacha by a Lagos High Court on January 30, 2012.
Al-Mustapha, Mohammed Abacha and one Lateef Shofolahan were arraigned before a Lagos high court on two-count criminal charge of conspiracy to commit murder and the murder of the late Alhaja Kudirat Abiola on June 4, 1996 in Lagos State.
In the judgment of the high court delivered on January 30, 2012 by Justice Moji Dada, the accused persons were found culpable as charged and sentenced them to death by hanging.
However at the Court of Appeal approached by Al-Mustapha on April 27, 2012 for the review of the trial and the conviction, the 3-member appellate court Justices in a unanimous judgment of July 12, 2013 voided the decision of the high court, set it aside and discharged and acquitted the accused on the ground that the evidence against them was not strong enough to warrant the death sentence.
Breaking News
Rivers Assembly: Minority Leader, Three Others Rejoin Impeachment Push Against Fubara
Four members of the Rivers State House of Assembly have reversed their earlier position and renewed their backing for the impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Odu.
The lawmakers announced their decision at a press conference held on Friday in Port Harcourt, the state capital, where they declared continued support for the impeachment process initiated by the assembly.
They accused the governor of failing to show remorse over the allegations levelled against him, insisting that their renewed stance was based on concerns over his conduct and response to the issues raised.
The legislators said their decision to recommit to the process followed further consultations and a review of developments surrounding the impeachment move.
Details of the impeachment process and the specific allegations against the governor were not disclosed at the briefing, as the lawmakers said further information would be made public in due course.
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