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Home Mixed Grill

Democracy, Troubles with FG’s New Directives on Marriage Licensing

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January 26, 2020
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Aside from the traditional
definition of democracy
as government of the
people, by the people
and for the people, great
scholars, commentators and political
analysts, had at different times and
places shared their thoughts about this

form of government- it meaning, con-
cepts, survival, merits and demerits.

Part of such conversations in the past
gave birth to the global believe that the
best defense of democracy is to stress
the values that are essential to good
governance, especially transparency
and accountability, and to support civil
society, independent media, and free
flow of information. Together, these

steps could lower the risks of demo-
cratic backsliding and improve lives in

the practicing country.

Comparatively, regardless of nation-
ality, countries that adhered strictly to

these democratic ethos, today, display

a number of common characteris-
tics-internal development of the peo-
ple, tackle unemployment through

creation of tenure-based and, endless

employment to its people, they con-
sider and understand the critical im-
portance of socioeconomic well being

of the nation, create opportunities for
participation in government, regard
citizens as co-soldiers in the nation’s
development army with equal ranks,

display real commitment to the busi-
ness of governance and promotes a

common value system, and most im-
portantly, instead of pursuing strictly

financial objective when managing the
affairs of their nation, they formulate
and implement policies that improve
the live chances of their people.
Unfortunately, not so could be said of

nations that flagrantly ignores demo-
cratic ethos.

In fact, the practice of democracy
in such countries is often always not
only challenging and costly. This claim
is evident in two major areas- over
blotted costs of governance by elected

officials and burden of harsh/poor pol-
icies placed on shoulders of citizens by

elected and appointed public officials

Nigeria and of course the vast ma-
jority of Africa countries provide good

examples of nations with such virtues
and attributes.
Separate from other feeble policies
in the past, the most obvious of such
in Nigeria is the recent directive by
the Ministry of Interior to the effect
that henceforth intending married

couples, worship centres and church-
es shall be made to pay a whopping

sum of N 51, 000. The breakdown of
this new fees going by the report is as
follows; while marriage certificate goes

for N21, 000, licencing of place of wor-
ship is required to pay N30, 000 before

performing statutory marriages in Ni-
geria.

Expectedly, aside from the directive
coming at a time when the list of action
not taken by the government to better
the lives of Nigerians remains lengthy
and worrisome, Nigerians with critical
interest have expressed fears that such
directive similar to the kind we used
to see in China and Cuba have finally

found its way on our political geogra-
phy. And could come as strategic im-
plication, capped with the capacity to

set the stage for further abridgment of

citizen’s fundamental and prevent re-
ligious groups from performing their

statutory responsibilities.
This fears expressed by Nigerians
cannot be described as unfounded as

they are not alone in this line of think-
ing.

Recently, the Coalition of Civil Socie-
ty Organizations (CSOs) under the ae-
gis of the Foundation for African Cul-
tural Heritage (FACH), during a press

conference in Lagos, expressed similar

displeasure about government deci-
sion. And queried why worship centres

should be made to pay the sum N51,
000 in order to perform their statutory
marriages function.
Going by their explanation, not only

is the directive so arbitrarily and capri-
ciously imposed without consultation

with veritable Nigerian stakeholders,
the licences, they added, are in gross
violation of section 7(5) of the 1999
constitution of Nigerian and section
6 (1) (2), 21, 24, 30, 36, 37, 38, of the
marriage act. And submitted that
there are other ways the Ministry of
Interior could generate revenue other

than placing unnecessary and extra fi-
nancial burden on couples, churches,

Mosque and places of worship in Ni-
geria.

Interpretatively, Nigerians and the
Civil Society groups, in my views are
not sad that the Federal Government
is thinking of creative and innovative
ways of boosting its revenue base as

it is not only necessary but eminently
desirable. For without such levies, the
government may not have the required
resources to bridge the infrastructural
gaps in the country as well as attend to
the day to day demands of the state.
However, there are so many inherent

ills associated with this particular di-
rective by the Ministry.

Very fundamental is the stunning er-
ror of procedure that characterized the

Ministry of Interior’s decision. As it is
done in civilized clime, what Nigerians
with critical interest expects from the
Ministry is not a directive but to have
a bill submitted before the National
Assembly- such process would make
the process not only transparent but

participatory as it paves way for stake-
holders to make inputs at public hear-
ing stage.

Another observation that further
plagues the directive, and did so well
to qualify the Ministry’s action as an

ouster of the local Government Are-
as, is the conviction by Nigerians of

goodwill that Section 7 (5) of the 1999
constitution vests the “registration of
all births, death and marriages solely
rests on the local Governments area in

Nigeria and not on the federal Govern-
ment.

Again, aside from the illegality inher-
ent in the ministry’s decision to sin-
gle-handed exercise the right to grant

licences to couples, churches, and
mosque and public places of worship,

the consequence of the emerging strat-
egy that places such responsibility on

the ministry can only be described as
cumbersome.

There is also a related factor.

It could be recalled that the linger-
ing legal battles between the Ministry

of Interior and the Local Government

Areas over the right to conduct, cel-
ebrate, register marriages and issues

marriage certificates is all based on the

current policy of the Ministry of In-
terior. Most Local Government Areas

have rightly insisted that the statutory
powers to register marriage are being
usurped by the Federal Government

through this new policy of the Minis-
try of Interior.

This, in my opinion is a clear indi-
cation that the current policy by the

ministry is very unpopular and will

continue to cause disaffection, mu-
tual mistrust between the Ministry

of Interior and the people of Nigeria.
And if allowed to stand, it can only but
amount to an unjust code that is out of
harmony with moral laws.

Like every other well meaning Ni-
gerian, I believe and still believe that

Nigeria is practicing a presidential de-
mocracy that promotes justice for the

common good of Nigeria. Hence, it

will be rewarding if the Federal Gov-
ernment unlearn the attitude of mak-
ing decisions for pecuniary reasons

that places extra financial burden on

couples, Churches and places of wor-
ship in Nigeria and imbibe habits that

will enhance the life chances of the
people.

Jerome-Mario Utomi (jeromeu-
tomi@yahoo.com), writes from

Lagos, Nigeria

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