ISSUE:
MATRIMONIAL PROCEEDING(S) : *Whether failure to produce a marriage certificate in a matrimonial proceeding affects the jurisdiction of the Court*

PRINCIPLE:
“I shall however begin this discourse with the issue of jurisdiction as raised by the Appellant as issue No. 5 while issues 1- 4 will be argued together.

On this issue learned counsel for the Appellant submitted that the learned trial Judge lacked the jurisdiction to entertain the matter ab initio by reason of the fact that there was no evidence before the lower Court that the Petitioner and the 1st Respondent were ever married since the parties did not tender any marriage certificate. To begin with and judging from all the facts adduced at the lower Court, there is ample evidence that the parties i.e. the Petitioner and the Respondent had been married and living together in a union that produced a number of children. The said marriage according to facts adduced at the lower Court took place at Holy Cross Catholic Church, Benin City on the 28th day of December, 1985 and the marriage was blessed with 3 children namely: 1. IJEOMA PAMELA IKE 2. IKENNA DAVID IKE 3. VANESSA IKE.

It is also in evidence that after the marriage, the parties cohabited at the following addresses: a) No. 6 Hinderer Road, Apapa, Lagos 1987-1989 b) No. 12 Adebisi Omotola Street Isolo Lagos 1989-1993 c) No. 10 Victoria St. Off Isolo Way, Isolo – Lagos 1993-2000 It is also the contention of the Petitioner that the said marriage had broken down irretrievably, hence the petition before the lower Court.

From the facts so far adduced there is no doubt whatsoever that there had been a valid marriage between the Petitioner and the Respondent. The parties are ad idem with the fact that there had been a valid marriage between them hence the approach before the lower Court for a dissolution of the said marriage which the Petitioner claimed had broken down irretrievably.

The non production of a marriage certificate does not in my view, detract from the fact that the union was solemnized at Holy Cross Catholic Church on the 28th day of December, 1985. A marriage in a Catholic Church as agreed by both parties is a recognized monogamous marriage under the ordinances. See OBIEKWE V. OBIEKWE (2010) LPELR 864.

Legally, a marriage in a licenced place of worship such as the Catholic Church in the instant case is legally recognized under the ordinances.

In the instant case, both parties accepted the fact that their union was solemnized at Holy Cross Catholic Church, Benin. For the Petitioner to claim that there had been no marriage because the marriage certificate was not produced simply goes to no issue.” Per EKPE, J.C.A. (Pp. 3-5, Paras. D-D)