FAQseprater

MARRIAGE

What does Interpretation of the Act say?
It is important to note that statutory marriages are voluntary union of one man and one woman to the exclusion of all others during the continuance of that marriage.
What does the Marriage Act of the Federal Republic of Nigeria says?
The law governing statutory marriage in Nigeria is the Marriage Act, 1914.
Some very important questions that would help our understanding on statutory marriage in Nigeria are;
 
Where Can Statutory Marriages Be Celebrated?

1. Marriage Registries

2. Licenced Places of Worship.

Where do we submit the listed documents?

Visit the Ministry of Interior Citizenship and Business Department portal at www.ecitibiz.interior.gov.ng where you can upload the documents online or send the listed documents to the Registrar of the following Marriage Registry closer to you.

1. The Registrar, Federal Marriage Registry, Kingsway Road, Ikoyi, Lagos State

2. The Registrar, Federal Marriage Registry, 28 Borno Street, Area 10, Garki, Abuja

3. The Registrar, Federal marriage Registry, 11A Gapiona Road, Off Benoni Road, GRA, Benin City, Edo State

4. The Registrar, Federal Marriage Registry, 12 Bishop S.I. Nwaogu Crescent, Adjacent to Owerri Sports Club, New Owerri, Owerri-Imo State

5. The Registrar, Federal Marriage Registry, 40B Railway Close, D/Line, Port-Harcourt, Rivers State

6. The Registrar, Federal Marriage Registry, 31 TY Danjuman Street, Hotoro GRA, Off Shehu Kazaure Rd, Kano, Kano State

You are advice to use NIPOST, FEDEX or DHL to send your documents to the Registrar. Attach a copy of the online registration with your documents.

 

When Is Church Marriage Same As Statutory Marriage?

A Church marriage will translate to statutory marriage when conditions for statutory marriages are fulfilled. A licensed church is authorized to conduct a statutory marriage (after all due diligence)

 

What Does It Take To Conduct a Statutory Marriage?

1. Form A (Notice of Marriage)

2. Form C (Licence to Marry or Registrar’s Certificate)

3. Form E (Marriage Licence)

Can I Reapply for Re-Issue If I Lose My Marriage Certificate?

Yes! You can reapply for re-issue of your marriage certificate under the marriage menu on the portal.

Who is a Bachelor/Spinster, Single with child/children, same wife/same husband, divorcee and Widow/Widower?

Bachelor/spinster is a man/woman that has never been married.

Single with child/children is a man/woman that has child/children and is not yet married.

Same wife/same husband are a man/woman who is already married to his/her wife/husband under the customary law.

Divorcee is a man/woman that is no longer married statutorily.

Widow/widower is a woman/man whose partner is late (dead).

 

If I Married at the Local Government Marriage Registry, Is My Marriage Legal?

No! It is only marriages conducted at the Federal Marriage Registries that are recognised and legal.

 

If I Married in the Local Government Marriage Registries, How Can I Get a Federal Marriage Certificate?

You can apply for recertification of your marriage certificate through any of the Federal Marriage Registries in Nigeria.

 

How do couples keep their marriage certificate?

Couples are advised to keep their marriage certificates in a SCROLL.

 

What is Attestation of Marital Status?

Attestation of marital status applies to couples where the marriage registry verifies and validate their marriage.

 

What Does Verification of Document Mean?

This is a facility available for third part agencies who are seeking to verify the authenticity of the documents provided by the couples, to enable them liaise with the appropriate authorities to verify the provided documents.

Is It Possible for Couples to Change Their Marriage Venue?

Yes! Couples who do not want to take their marriage oath at the marriage registry can informed the marriage registrar to conduct their marriage oath outside the registry on the portal under the marriage menu and provide;

  • The New Marriage Venue
  • Marriage Date
  • The Reason for Change of Venue
How Can We Get Certified True Copy of Document?

You can get the certified true copy of documents by submitting your application online on the portal under the marriage menu and filling all the necessary fields.

 

Where can I celebrate my marriage other than the Federal Marriage Registry?

You can celebrate your marriage at any recognized and licensed place of worship. Your Place of Worship must first be registered and licensed by the Federal Ministry of Interior.

 

He lives abroad and I stay in Nigeria, can we still consummate our marriage at the registry?

 

Yes you can, after fulfilling all the necessary requirements. Note: Marriage cannot be conducted in proxy/absentia.

 

If a place of worship is registered with CAC does that guarantee the licensing of that place of worship?
No! The licensing of a place of worship is only done by the Minister of the Ministry of Interior which is after the presentation of the documents for licensing by the place of worship.
What is the implication/s of giving false information in my affidavit/documents?

It’s an offense/perjury under the marriage act and matrimonial causes act. It could lead to legal actions being carried out against the offender.

Can I get married at any day and time at the registry?

At the Federal Marriage Registry, weddings are usually conducted from Wednesdays to Saturdays with exception on public holidays and Sundays, but note that special applications are considered on request for Mondays and Tuesdays.

What is/are the implications of incomplete documents before my marriage?

Marriage will not be conducted.

Can I get married at the registry and at my Place of Worship having two marriage certificates at the same time?

Not possible, because they will be issuing the same certificates if it’s a licensed Place of Worship. If it is not at a licensed place of worship, the marriage certificate would be a fake and unrecognized before the law anywhere.

Can we use the same residential address as a bachelor and a spinster?

No, it’s expected that you are not living together.

Can I get married at the Marriage Registry and few years later get married to someone else under the customary law?

No, you cannot get married to someone else, except the previous marriage has been dissolved. According to the Marriage ACT, a person is to be legally married to only one spouse at a time.

Who issues a marriage certificate when it is lost?

If you have lost your original secured Marriage Certificate, a new one would not be issued. However, you would be required to apply for a Certified True Copy (CTC) of the Marriage Certificate. You can do this by applying for a ‘Certified True Copy of Document’ on the ecitibiz.com portal. This CTC document would be issued by the same Marriage Registry where your Marriage oath took place.

Do I get a new marriage certificate when the previous one is lost?

No, you will not be issued a new marriage certificate. You will only be issued what is called Certified True Copy (CTC).

Which of the courts has the jurisdiction for issues arising from a statutory marriage?

Only the High court has the jurisdiction to do that.

Can the Marriage Registry/public Place of Worship dissolve a statutory marriage?

No, the Marriage Registry/public Place of Worship cannot dissolve a statutory marriage.

How do I process a Certified True Copy (CTC) of a statutory marriage certificate?

You will need to apply for the CTC on the ecitibiz.com portal. Go to Marriage on the portal menu, and select ‘Apply for Certified True Copy of Document’. After filling the form and making the necessary payment, a CTC would be issued if you meet all requirements.

Tola is married to Kunle. Kunle left Tola for some years without communicating with her. Can Tola get married to another man?

No, she cannot; until the first marriage is finally dissolved by a court of competent jurisdiction.

Who are the people entitled to sign on the marriage certificate and how many are they?

The bride, the groom, the bride’s father, the groom’s father and marriage registrar/officiating minister.

What is the importance of the signatures of the five people on the statutory marriage certificate?

They serve as witnesses to the statutory marriage.

How can and on what ground can a statutory marriage be annulled or dissolved?

The Matrimonial Causes Act is the applicable law for the dissolution of any statutory marriage.

Where is the Federal Marriage Registry located?

You can check here on our ecitibiz.interior.gov.ng portal to view the location and address of all Federal Marriage Registries.

Contact of Officers to make enquiries from without coming to the Registry.

Check here on our ecitibiz.interior.gov.ng portal to get the contact details for each Marriage Registry.

What are the requirements for applying for marriage?

Check here for all requirements regarding marriage applications.

Was told applying for marriage is very expensive, like how much does it cost?

Applying for marriage is very affordable. Check here to view the fee details for marriage applications.

Can I get married the same day I do my filing?

Marriage cannot be consummated the same day but after 21 days for Ordinary Marriage, or 7 days for Special Marriage.

WHAT CAN I DO IF I DELAY IN RENEWING ANY OF MY QUOTA POSITION UPON EXPIRATION?
Every company is expected to renew to renew its quota position within a certain period, therefore, if for any reason a company could not meet up, an application for stay of actionis required from the company to solicits on behalf of the delay, otherwise, faces the legal action by the Nigerian Immigration Service.
How many places of worship are registered?

Confirmation can be made at the Federal Marriage Registry.

Is the Federal Marriage Registry also a court of law?

No, it is not.

Who is an underage?

In accordance to the marriage act, a person is underage if he/she is under 21 years of age.

Can anyone be a witness?

Any matured relatives. Father/Mother as first witness.

Is my form C and D equivalent to my marriage certificate?

It’s not the marriage certificate but the property of the registry and is kept at the registry.

What are the different types of Marriage?

There are officially three legally recognized marriage  OPTIONS in Nigeria. However, the implications of each marriage type vary from the other significantly.

1. Customary law marriage which is intrinsically polygamous in nature

2. Islamic marriage (Nikka)which also has a polygamous nature

3. Statutory marriage which is monogamous.

Your marriage type could affect succession rights!There is no record by government on customary and Islamic marriages.

 

PLACE OF WORSHIP

What Are Licenced Churches?

These are churches that have fulfilled conditions for registration by the Federal Ministry of Interior. Documents to submit before a church is licensed includes:

1. A letter from the head or parent church

2. A copy of the constitution of the church

3. The pictures of internal and external structure

4. CAC document

5. 2 Passport photograph of the Pastor or Church Representative

6. Pastors Ordination Certificate

7. Pastors ID card, either National ID, Drivers Licence or International Passport

Can a Public place of worship conduct a statutory marriage?

Yes as long as they are licensed with the Federal Marriage Registry.

 

What Is Place of Worship License?
This is a services that enables all places of worship where marriages are conducted to be licensed.
 
What is the implication where Places of Worship wed couples without the involvement of Government?
Such a marriage is not a statutory marriage and as such is otherwise known as invalid by the Federal Government and would be unrecognised.
Can A Non Licensed Place of Worship Conduct Marriages?
Yes, they can conduct marriages but such marriage is not recognised by the federal marriage act because there is need to issue Federal Marriage Certificate to couples from the Federal Ministry of Interior which is only obtained by licensed places of worship and Federal Marriage Registries.
What are the rights & obligations of licensed churches?

1. Each licensed Parish/branch is authorised to conduct statutory marriages (after all due diligence)

2. Each registered Parish is entitled to books of marriage certificates which it must issue as evidence of statutory marriage between respective couples.

3. Each licensed Parish is regarded as an extension of Government as regards the conduct of marriage.

4. Marriage is serious. It is a legal contract. Therefore, everything about its conduct & documentation have weighty implications.

5. Books of marriage certificates shall be kept by recognized ministers of the registered Parishes, under lock and key.

6. Each couple wedding in a licensed Parish/branch shall be issued a properly completedstatutory Federal Government wedding certificate as evidence of their marriage.

7. Only 1 marriage certificate shall be issued to a couple for their marriage.

8. Where a couple has been joined in matrimony at the Federal Marriage Registries, they are validly joined before God and the law. They cannot be joined again in church or issued another marriage certificate. They may however present themselves for celebration and blessing of the marriage.

9. A copy shall be issued to the couple, (the couple must be warned not to LAMINATE the certificate)

10. A copy shall be retained by the church.

11. A copy shall be returned by the church (not by the couple) to the Federal Marriage Registry close to you.

Who is a licensed public place of worship and how do I know that it is licensed?

A licensed public place of worship is church/mosque/confraternity institution that has been mandated/approved by the Ministry of Interior to conduct statutory marriage. While applying for Marriage on the ecitibiz.com website, you would be able to see all licensed places of worship for your preferred State and LGA. Any Place of worship you see on the website is licensed; if a place of worship is not part of the list, then the place of worship is not licensed to conduct marriages.

Is there any implication/s of a Place of worship conducting a wedding without a license from the Marriage Registry?

It is illegal. And the marriage would be considered null and void, and no court proceeding can be carried out if a case arises concerning the marriage. Such a marriage would not be recognized under the law of the Federation.

Can places of worship wed their members according to the tenets of the faith of such worship centres?
Yes!
Can the place of worship help their intending couple register?

You can contact us for further questions on the ‘contact us’ page at www.ecitibiz.interior.gov.ng

How Can We Contact You If We Have Further Questions?

Yes! Registration of couples online can be done anywhere and by anyone.

Was told that public places of worship need to renew their approval?

Yes this is done on a yearly basis with the renewal fee of N30,000 to show or prove that the place of worship is still in existence.

CITIZENSHIP

How can I become a Nigerian citizen?

The main way for foreigners to obtain Nigerian citizenship is via ‘Naturalization’, which requires the following;

  • An individual must be at least 17 years that resided in Nigeria for at least 15 years,
  • Is of good character,
  • Plans to remain in Nigeria,
  • Is familiar with Nigerian language and customs,
  • Has a viable means of support

Another way is through ‘Registration’ and this mostly applies to women (not men) married to a Nigerian citizenship. Of course, individuals with at least one Nigerian citizen as parent can also become Nigerian citizens themselves.

 

How long will it take to become naturalized?
The entire process for naturalization may take up to a year since the application need to be taken to the Federal Executive Council for approval by the President of the Federal Republic of Nigeria.
What Is Citizenship by Naturalization?
Is a facility given to foreigner who has spent a minimum of 15 years and above in Nigeria,or such a person may have been on special immigration status (SIS), Temporary Residence Permit (TRP) or Expatriate quota grant by the Honorable Minister of Interior.
Can one change his/her name when they naturalize?
Yes! if you provide proof that you have already changed your name according the legal requirement of a person living in your state. Or if you are going to take the Oath of Allegiance of a Naturalization ceremony that is held in court, you may ask the court to change your name. if the court grants your request, your new name will appear in your certificate of Naturalization.
 
What can I do if my application for naturalization is denied?
In most cases you may reapply, but you will need to complete a new application form on the portal and pay the fees again. All previous required documents and processes will still be provided and done respectively.
What do I do if I lose my certificate of naturalization?
If a naturalized citizens lose their certificate, they can reapply for replacementand pay the necessary fees and will also provide court affidavit.
Is Anyone Born in Nigeria a Citizen?
Every person born in Nigeria after the date of independence (October 1st 1960), either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria;
  • Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria. Or,
  • Every person born outside Nigeria either of whose parents is a citizen of Nigeria.
What Is Renunciation of Nigerian Citizenship?
A facility given to Nigerian citizens who wants to take up citizenship of another Nationality.

EXPATRIATE QUOTA

WHAT IS A BUSINESS PERMIT?
Business Permit is a facility issue to only wholly foreign and joint ventures company seeking to establish their business in Nigeria.
CAN A WHOLLY FOREIGN OR JOINT VENTURE COMPANIES APPLIED FOR GRANT OF EXPATRIATE QUOTA WITHOUT BUSINESS PERMIT?
No! Application of a Wholly Foreign or Joint Venture company who applied for grant of expatriate quota without business permit will not be approved, such application will be quarried and the company will be requested to first apply for a business permit or apply for both business permit and grant of expatriate quota providing the relevant documents for the two application.
WHO CAN APPLY FOR AMENDMENT OF BUSINESS PERMIT?
A Wholly Foreign or Joint Venture owned companies After acquiring a Business Permit, changes in either the composition of the Board of directors, board resolutions, location of business or line of activities duly registered with Corporate Affairs Commission may request for the appropriate amendments. It applies to only wholly foreign and Joint venture companies.
WHAT IS ESTABLISHMENT GRANT?
Establishment grant is a service that is applicable to wholly foreign, joint ventures, indigenous and NGOs etc to enable them seek for fresh expatriate quota positions to assist in their business.however, to note that emphasis would be placed on employment of Nigerians to understudy the foreign experts for the purpose of training them, to enable the understudies acquire relevant skills for the eventual take-over of the expatriate quota positions. These positions are renewable after three (3) years of first grants and required the filling of form stating the desired position, position description and basic relevant qualifications.
WHO CAN APPLY FOR BUSINESS PERMIT AND ESTABLISHMENT GRANT? HOW?
This service is applicable to only a wholly foreign or Joint venture owned companies that are fresh. In this case the company is required to fill the company details in the field providedand also state the desired positions, position descriptions and basic relevant qualifications of the position for each position required and submit. However, the application will be processed and when approved, the company pay for business permit and the number of establishment of expatriate quota granted.
WHO IS RENEWAL OF EXPATRIATE QUOTA APPLICABLE TO? AND HOW LONG?
This facility is applicable to both wholly foreign, joint ventures, wholly Indigenous, state government, NGO(s) etc to enables the company which establishment grant is given to renew the quota after three (3) years of its first grant and two (2) years subsequently for each expatriate quota positions.
WHAT IS ADDITIONAL GRANT?
A company may seek for additional grant if it already has establishment grant and realizes that its need some additional relevant positions of whose skills could not be source locally to add to its quota to enable employment of Nigerians to understudy the foreign experts for the purpose of training them, to enable the understudies acquire relevant skills for the eventual take-over of the expatriate quota positions. These positions are renewable after two (2) years. It is applicable to both wholly foreign, joint ventures, wholly indigenous, state government, NGO(s) etc which already has establishment grant and requires additional relevant positions.
IF THE APPROVAL DOES NOT FAVOUR MY REQUEST, WHAT WILL I DO?
A company is advised to apply for APPEAL for the under shot to be granted stating necessary reasons to reconsider the action acted on any of the expatriate services. reconsider the action acted on any of the expatriate quota services. Eg:-say a company applied for 10 expatriate quota positions and it turns was granted only 4 or any lesser number than the numbers applied for, therefore, the company will appeal to plead stating the reasons for the under shot to be granted.
HOW LONG CAN WE MAITAIN A QUOTA IN OUR COMPANY?
A quota has a 10 years lives span which means is no longer renewable after these years. So a company may request for Dettaging so that the set barer be broken for such a position to be renewable again stating reasons such as “the understudying Nigerian employee’’ of such positions have not acquire the relevant skills of these expatriate, hence they should reconsider.
WHAT IS UPGRADE TO PUR?
UPGRADE TO PUR is a facility that enable the foreign subscriber(s) adequately protect their interest and to give them a sense of greater commitment. for which a Certificate would be issued.
CAN WE REDESIGN A QUOTA POSITION?
Yes! In case where a Company has difficulty in filling or owing to exigency of Operations, it is at liberty to apply for the re-designation of the affected position and this will be considered, purely on its own merit.
CAN A FRESH FOREIGN SUBSCRIBERS OR EXPATRIATES BE UPGRADED TO PUR STATUS?
Yes! Here a company is seeking for fresh expatriate quota and also requesting that either two or three of its core positions be place on PUR status to enable the foreign subscriber(s) adequately protect their interest and to give them a sense of greater commitment until there is a review in the government policy.
HOW CAN WE REVALIDATE OUR PUR SLOTS IN CASES OF A REVIEW IN THE GOVERNMENT POLICY?
In a case where there is a review in the government policy, and whenever this happens, all companies having expatriate quota positions on Permanent Until Review (PUR) status should apply for the Revalidation of affected positions and it will be considered.