The Proper Fora for the Conduct, Celebration and Registration of Statutory Marriages in Nigeria

CASE TITLE: AG OF THE FEDERATION AND MINISTER FOR JUSTICE v. ETI-OSA LGA, LAGOS STATE & ORS (2023) LPELR-60827(CA)

JUDGMENT DATE: 2ND AUGUST, 2023

PRACTICE AREA: FAMILY LAW

LEAD JUDGMENT: ABUBAKAR SADIQ UMAR, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on family law.

FACTS:

This is an appeal against the judgment of the Federal High Court, Lagos Division delivered on the 8th day of December 2021 coram D. E. Osiagor, J. in Suit No: FHC/L/CS/816/2018 wherein the lower Court granted the claims of the 1st to 4th Respondents in part against the Appellant and the 5th and 6th Respondents.

By an amended originating summons filed on 12 April 2019, the 1st to 4th Respondent as Plaintiffs sought the following reliefs inter alia:

1. An Order of Perpetual Injunction restraining the 1st Defendant, himself and/or either by his privies, agents or delegates from further contracting marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiff’s Local Government Councils Area.

2. An Order of Perpetual Injunction restraining the 1st Defendant, himself and/or either by his privies, agents or delegates from further celebrating marriages under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiff’s Local Government Councils Area.

3. An Order of Perpetual Injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further granting or issuing certificates of marriage under the Marriage Act, Cap. M6 Laws of the Federation of Nigeria (LFN), 2004 within the Plaintiff’s Local Government Councils Area.

The Appellant sued as the 2nd Defendant, filed a Counter Affidavit on the 5th of November, 2018 in opposition to the Amended Originating Summons. Similarly, the 5th and 6th Respondents, sued as the 1st and 3rd Defendants, filed their Counter-Affidavits in response to the Amended Originating Summons on the 5th of October 2021 and 21st of June, 2019 respectively. In response to the processes filed by the Appellant, the 1st to 4th Respondents filed a Reply on Points of Law on 7th November 2021. The 1st to 4th Respondents also filed a Reply on Points of law to the processes filed by the 5th and 6th Respondents on 7th October 2021 and 2nd of July 2019 respectively.

The parties adopted their respective processes and the Judge delivered its judgment on 8th December 2021 where reliefs 1, 2, 3 and 4 as endorsed on the amended Originating Summons while Reliefs 5 and 6 were refused. Relief 7 was granted in part.

Being dissatisfied with the judgment of the Federal High Court, the Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court of Appeal determined the appeal on the following issues:

“1. Whether the lower Court was right when it held that the plea of doctrine of res judicata is inapplicable to the 1st to 4th Respondents’ action and the said action does not constitute an abuse of Court process?

2. Whether the learned trial Judge was right when it granted the reliefs sought by the 1st to 4th Respondents and found that the Judgment in Suit No: FHC/870/2002 granted exclusive rights to the 1st – 4th Respondents and other Local Governments in Nigeria to conduct, celebrate and register marriages within their local government?”

DECISION/HELD:

In conclusion, the Court of Appeal allowed the appeal in part.

RATIOS:

• FAMILY LAW- MARRIAGE UNDER THE ACT: Whether Local Government marriage registries have the exclusive powers to conduct, celebrate and register statutory marriages
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): What constitutes abuse of Court process
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): Duty on a party alleging abuse of Court Process; effect of failure
• PRACTICE AND PROCEDURE- ABUSE OF COURT/JUDICIAL PROCESS(ES): Whether an action for the enforcement of the judgment of a Court will constitute a re-litigation of issues determined by a Court of competent jurisdiction

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