The Association of Local Government in Nigeria has appealed the judgment of the Lagos State High Court which held that the Local Government Unified Marriage Certificate is unknown to law and is, thus, null and void.
The judgment was given on May 15, 2017 by Justice I.O. Harrison in favour of one Olumide Babalola.
But ALGON, in its eight-ground notice of appeal, is contending that Justice Harrison ought not to have entertained the case because, according to it, the Federal High Court and not the state high court was vested with jurisdiction to decide the case.
Among other grounds, ALGON is also contending that Justice Harrison was wrong to have declared that formation of marriage was under the exclusive list of the constitution within the domain of the Federal Government, regulated by the Federal Ministry of Internal Affairs.
It contended rather that by virtue of Section 7 (5) of Fourth Schedule (1) of the 1999 Constitution, registration of marriage is one of the functions of the local government and is under the exclusive list.
ALGON is urging the Court of Appeal to set aside Justice Harrison’s judgment by declaring that “marriage is not a concurrent matter as only local government can register marriage under the 1999 Constitution of the Federal Republic of Nigeria.”
ALGON also wants the Court of Appeal to declare that the Federal Government was not empowered to regulate marriages through the Ministry of Internal Affairs, as Item 61, Second Schedule is an exclusive legislative function of the National Assembly in Nigeria.
It urged the appellate court to declare that Justice Harrison had no jurisdiction when she gave the May 15, 2017 judgment and as such the judgment was null and void.
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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria