Haastrup v Eti-Osa Local Government: Do Local Government Councils Really Have Power to Conduct a Statutory Marriage in Nigeria?

Abstract

The decision of the Federal High Court in Haastrup v Eti-Osa Local Government (hereinafter referred to as Haastrup) has created some confusions on who has the authority to conduct statutory marriage in Nigeria. This article reviews Haastrup, in light of its recent affirmation by Egor Local Govt, Edo State v Hon Minister of Interior. The review reveals that there are some fundamental misconceptions of certain provisions of the Marriage Act, which led the court to erroneously conclude that the existing local government councils can validly conduct statutory marriage. It is, thus, suggested that the Federal Government needs to review the judgments, the Marriage Act and extant subsidiary legislation with a view to coming up with a new policy that will regularize the current anomalies and provide more certainty.