Legal disputes have erupted between certain local governments and the Federal government, facilitated through the Ministry of Interior, regarding the authority to register marriages, issue certificates, and manage marriage registries.
Before going into these conflicts, it is crucial to delve into the historical context of statutory marriage and the Marriage Act, which governs statutory marriages in Nigeria. Statutory marriage stands as a vestige of colonialism in Nigeria, emerging as a recognized form of marriage when the British government successfully colonized Nigeria.
Verification of Marriage Certificates in Nigeria
The Marriage Act, under Section 30(1), mandates that “every Registrar of Marriage is obliged to keep in his office a Marriage Register Book in which every certificate of marriage filed in his office shall be registered.” This places the responsibility on the Registrar or an authorized clergyman to maintain records and copies of marriage certificates from statutory marriages.
Verifying a marriage certificate in Nigeria involves scrutinizing the authenticity of claims made by individuals about their marital status. The need for verification has surged due to concerns such as the alarming rate of forged documents and requirements for visa applications or benefit claims.
A Marriage Certificate, an official document confirming a statutory marriage between two individuals, can be authenticated like any other valid certificate. Those eligible to verify a Marriage Certificate include:
- The applicants, i.e., the married couple (either the husband or wife).
- Authorities of a foreign country or embassy.
- Nigerian authorities or institutions validating claims through available records.
Steps to Verify a Marriage Certificate
To verify a marriage certificate in Nigeria, one can either enlist the services of a legal practitioner or conduct the verification independently. A legal practitioner conducting the investigation must visit the location where the marriage certificate was issued, searching the marriage register. The certificate can be confirmed and certified as authentic by the issuing authority, or declared fake if no record exists in the designated registry.
A Marriage Certificate is issued by a government official of the federal marriage registry or local government registry after a statutory marriage. It can also be issued by a licensed place of worship.
Requirements for Verification
The sole requirement for verifying a marriage certificate is the copy of the certificate itself. If the party seeking verification lacks a copy, details such as the names of the parties, date of the marriage, and the marriage registry must be provided.
The ideal place for verification is the marriage registry where the marriage occurred. The Federal Government is also working towards harmonizing all marriage registries to create a single database for easy verification. However, the Certified True Copy (CTC) of the marriage, serving as official evidence, can only be obtained at the registry where the marriage was conducted or recorded.
Is A local government issued marriage certìficate legal?
Local Government Issued Marriage Certificates Deemed Illegal
A significant development unfolded when a Lagos High Court prohibited local governments from issuing marriage certificates, deeming it unlawful and unconstitutional.
Justice I. O. Harrison, in a ruling dated May 15, 2017, in suit no LD/1343GCM/2016, addressed concerns raised by Olamide Babalola against the Ikeja Local Government and Registered Trustees of the Association of Local Governments of Nigeria. The court declared the Local Government Unified Marriage Certificate, issued by the first and second defendants, as unknown to law and thus null and void.
Babalola sought a declaration that the first defendant lacked the authority to issue modified marriage certificates, distinct from Form E under Section 24 of the Marriage Act Laws of the Federation of Nigeria, 1990. The court granted the declaration, also imposing a perpetual injunction against the defendants from issuing modified or altered marriage certificates, except as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN, 1990.
Referring to legal precedents, including Imunze vs Federal Republic of Nigeria, 2014 LPELR 22354 (SC) and Onochie vs Odogwu, 2006 Nigeria Weekly Law Report, (Part 975) 65, Justice Harrison emphasized that local governments, under the concurrent list, regulate the registration of marriage, while the formation of marriage falls under the exclusive list, within the domain of the Federal Government, regulated by the Federal Ministry of Internal Affairs.
The court concluded by ordering a re-issuance of proper certificates to all holders of ‘invalid’ certificates. Marriages conducted by local governments, despite the non-conformity with Form E, were recognized as valid under Section 34 of the Marriage Act. The court further directed the surrender of all modified marriage certificates to the appropriate local government, with re-issuance of appropriate certificates in line with Form E for the claimants and other concerned individuals.
Conclusion
Regarding marriage certificates in Nigeria, the validity hinges on adherence to the Marriage Act. The court’s decision clarifies the role of local governments, providing a path for proper certification. As the Federal Government strives for a unified registry, couples should stay informed and secure valid certificates for a hassle-free marital journey.
FAQs
- Are marriages conducted with local government certificates still valid?
- Yes, the court deems them valid, but individuals are advised to re-issue proper certificates.
- Can I verify a marriage certificate without a copy?
- Yes, providing details like names, date, and registry can facilitate the verification process.
- Why did the court declare local government certificates unconstitutional?
- The ruling emphasized adherence to the Marriage Act, invalidating modified certificates.
- What happens if I possess a modified certificate?
- Surrender it to the appropriate local government for re-issuance in line with Form E.
- Should couples be concerned about the court’s decision?
- Couples should ensure their certificates comply with Form E to avoid potential legal complications.
