Press release: 22nd April 2014
Olisa Agbakoba vs. Attorney General of the Federation & National Assembly Suit No. FHC/L/CS/545/2014
Dr. Olisa Agbakoba SAN (the Applicant) has filed a fundamental rights enforcement application against the Attorney General of the Federation and National Assembly at the Federal High Court, Lagos. The Applicants compliant is against the unconstitutional restriction and interference with his right 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 Constitution of the Federal Republic of Nigeria 1999 (as amended)
The gist of the Applicant's case is that:
- He is a Christian and so is entitled under the Constitution to conduct his marriage in accordance with Cannon law. But the state through the Marriage Act and Matrimonial Causes Act compels him to conduct a secular marriage contrary to his faith/belie
- The Applicant wants to like adherents of other faiths (for example African Traditional Religion and Islam) to resolve his marriage disputes in courts manned by persons knowledgeable in Cannon law but is compelled by the state through the Matrimonial Causes Act to use secular courts manned by persons with little or no knowledge of Cannon law.
- The Applicant believes this violates his right to religious freedom and freedom from religious discrimination.
No date has been fixed for hearing of the suit.