Daniel Ogbegie shared: Former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN) has filed a fundamental rights suit against the Attorney-General of the Federation and National Assembly to challenge the discriminatory position of the Marriage Act and Matrimonial Causes Act to his Christian belief in marriage. The fundamental human rights enforcement suit tagged No. FHC/L/CS/1550/2014 and filed before the Lagos Division of the Federal High Court, is challenging the unconstitutional restriction and interference with his rights to religious freedom and freedom from religious discrimination by the state through the Marriage Act and Matrimonial Causes Act contrary to Section 38 and 42 of 1999 Constitution (as amended). Agbakoba is contending that he is a Christian and so is entitled under the constitution to conduct his marriage in accordance with Cannon law, but that the state through the Marriage Act and Matrimonial Causes Act compels him to conduct a secular marriage contrary to his faith/belief. According to him, he wants to, like adherents of other faiths such as African traditional religion and Islam, resolve his marriage disputes in courts manned by persons knowledgeable in Cannon law, but he is compelled by the state through the Marriage Act and the Matrimonial Causes Act to use secular courts manned by persons with little or no knowledge of Cannon law. According to the suit, the above constitutes a violation of Agbakoba’s constitutionally guaranteed right to religious freedom and freedom from religious discrimination. The part of the processes obtained by THISDAY read: “The applicant is Catholic. He was born and raised in the Christian/Catholic faith according to biblical standards and Christian values. “The applicant is strict adherent of Catholic catechism, creed, doctrines, dogma, teachings, theology, and traditions. He is conversant with the pillars of Catholicism. One of the major pillars of the Catholic faith is the sacraments. The applicant believe in the seven sacraments of the Catholic church, which are baptism, holy eucharist, penance or reconciliation, confirmation, holy orders, extreme unction and matrimony which is the sacrament of marriage of man and woman. “The Christian/Catholic Canon Code provides a complete legal regime for the sacraments, including celebration and solemnisation of catholic marriages. “The applicant has validly complied with the sacraments of baptism, holy eucharist, penance or reconciliation and confirmation, without the state intervention. But, the state has interfered with the sacrament of matrimony statutorily and administratively as prescribed in the Marriage Act and the Matrimonial Causes Act. “The Marriage Act and the Matrimonial Causes Act compelled the applicant to celebrate a secular marriage. “Also the applicant’s marriage is regulated by the state, through the Marriage Act and the Matrimonial Causes Act which contains provisions that are contrary to his religious faith and observance prescribed by the canon law, such as rules on divorce, separation, and custody. “The Marriage Act and the Matrimonial Causes Act impede the applicant’s right to freedom of thought, conscience and religion and also intrude into the sacred matter of Sacraments of the Catholic church and usurped the spiritual power conferred on Catholic priests by the Canon Law. “The Marriage Act and the Matrimonial Causes Act subject the sacrament of holy matrimony to state certification thus constrained the Applicant to contract a secular marriage. But the ATR adherents, Muslims, and traditionalists are enabled by the Nigerian legal system to contract valid marriages under their religious codes without state intervention or further ‘validation’ by a Marriage Registry or other civil authority under a secular statute. “Nigerians of other religious beliefs, for example African Traditional Religion (ATR) and Islam, have Customary and Islamic courts to adjudicate personal laws and religious matters. But the applicant is compelled to use High Courts for the resolution of disputes on his personal law as a Christian. As a result, Muslims and ATR/traditionalist can adhere to Islamic and Customary Laws in their personal, marital, and family lives, the Applicant cannot The former NBA boss therefore wants the court to determine: • Whether the Marriage Act and the Matrimonial Causes Act, especially Sections 21 to 26, 33(2)(a) & (b) and Section 15(1) & (2) do not violate the Applicant’s right to freedom of thought, conscience and religion guaranteed by the constitution “• Whether Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act are not inconsistent with Sections 38(1) and 42(1)(a) of the Constitution, to the extent that they purport to regulate and confer validity on the applicant’s Christian marriage, therefore null and void to the extent of the inconsistency. • Whether the non-provision of courts exercising jurisdiction in applicant’s religious affairs does not amount to discrimination against the Applicant within the meaning of Section 46 of the 1999 Constitution. He wants the court to declare that Sections 21 to 26, 33(2)(a) & (b) of the Marriage Act and Section 15(1) & (2) of the Matrimonial Causes Act interfere with and impede his right to freedom of thought, conscience and religion. He also wants the court to declare that Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act violates his fundamental rights to freedom from discrimination. The lawyer equally wants the court to declare that Sections 21 to 26, 33(2)(a)&(b) of the Marriage Act and Section 2 of the Matrimonial Causes Act are inconsistent with Sections 38(1) and 42(1)(a) of the Constitution therefore null and void, to the extent that they purport to regulate and confer validity on his Christian marriage. The case, which was filed on October 14, has now been assigned to Justice J. C. Aneke and fixed for November 10, for report of service on the respondents. ------------------ Public interest litigation at its finest but is this covered by the FREP Rules?
Posted on: Fri, 07 Nov 2014 23:13:56 +0000
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