The Federal High Court in Lagos has granted leave to four local government councils to commence committal proceedings against the Minister of Interior, Rauf Aregbesola.
Justice Daniel Osiagor authorised the applicants to serve form 48 and 49 on the minister.
In court procedure, Form 48 is a notice of consequence of disobedience of court order, while Form 49 is a notice to show cause why an order of committal should not be made against the recipient.
The judge granted the prayer on July 8, 2022 following an ex-parte application by the plaintiffs – Eti-Osa Local Government Council of Lagos State; Egor Local Government Council of Edo State; Owerri Municipal Local Government Council Imo State; and Port Harcourt City Local Government Council Rivers State.
No date has been fixed for when the minister is expected to appear in court.
The three defendants in the suit, marked FHC/LS/CS/816/18 are the Minister of Interior, Attorney-General of the Federation, Abubakar Malami, and a contractor, Anchor Dataware Solutions Limited.
In the application, the plaintiffs prayed the court “for an order of committal to prison of the 1st defendant (Aregbesola), having disobeyed the order of this honourable court made on December, 8, 2021, compelling him to stop contracting federal marriage registry in the marriage district (local government councils) except the Ikoyi and Abuja Federal Marriage Registry.”
Among other orders made by the judge in its December 8 ruling were “an order of perpetual injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further contracting marriage under the marriage Act Cap. M6 Laws of the federation of Nigeria LFN 2004 within the Plaintiffs local government council area. Except marriage conducted in the marriage registries in Ikoyi Lagos and federal capital territory Abuja.
“An order of perpetual injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further celebrating marriage under the Marriage Act Cap. M6 Laws of the federation of Nigeria LFN 2004 within the Plaintiffs local government council area. Except marriage conducted in the marriage registries in Ikoyi Lagos and federal capital territory Abuja.
“An order of perpetual injunction restraining the 1 Defendant himself and/or either by his privies, agents or delegates from further granting or issuing certificate of marriage under the Marriage Act Cap. M6 Laws of the Federation of Nigeria LFN 2004 within the Plaintiffs local government council area. Except marriage conducted in the marriage registries in Ikoyi Lagos and federal capital territory Abuja.
“An order of perpetual injunction restraining the 1st Defendant himself and/or either by his privies, agents or delegates from further registering marriage contracted and/or celebrated under the marriage Act Cap. M6 Laws of the federation of Nigeria LFN 2004 within the Plaintiffs local government council area. Except marriage conducted in the marriage registries in Ikoyi Lagos and federal capital territory Abuja.”
Through their lawyer, Roger Adedimeji, the applicants told the court that after the bailiff of the court sealed the Federal Marriage Registry, Imo State, as ordered by the court, officials of the Ministry of Interior went to unseal the facility and continued their operations.
