NO TO TAXING OF MARRIAGES

The new directive of the Federal Ministry of Interior on marriages is flawed, reckons Sonnie Ekwowusi

It is now crystal clear that we are under a totalitarian democracy in which one government person can wake up any morning and issue a decree on anything without the backing of any law. For example, the Federal Ministry of Interior has decreed that henceforth married couples, worship centres and churches shall be made to pay a whopping sum of N51, 000 (marriage certificate of N21, 000 while licensing of place of worship is N30, 000) as taxes and licences before performing statutory marriages in Nigeria. This is sad. Ours is supposed to be a participatory democracy in which the government ought to govern according to popular will.

But the reverse is the case in the current Buhari government. The government operates with utter contempt for the people. Government policies are made without prior consultation with critical stakeholders. Sincerely speaking it is absurd that government should unilaterally take a decision on such as important issue as marriage affecting the family institution without prior consultation with critical stakeholders. We claim to be practising presidential democracy yet the views of stakeholders are excluded in policymaking processes.

Therefore the new directive of the Federal Ministry of Interior taxing marriages in Nigeria is fundamentally flawed. Since the issuance of the directive many Nigerians have been kicking against it. To begin with, the imposition of taxes or licences by the federal government on marriages is a fragrant violation of section 7(5) of the 1999 Constitution of Nigeria and sections 6 (1) ((2), 21, 24, 30, 36, 37, 38 of the Marriage Act. Specifically, section 7 (5) of the 1999 Constitution vests the registration of all births, death and marriages solely on the Local Governments Areas in Nigeria not on the federal government. Therefore by usurping the function of the local government areas the federal ministry of interior has violated section 7(5) of the 1999 Constitution. It is regrettable that Nigeria′s concept of three‐tier federalism is a mere theoretical concept that is not in tandem with reality.

In the last four years, we have been helplessly witnessing the centrifugal forces continuously swallowing up the centripetal forces. In utter disregard for the principle of separation of power which is the soul of our presidential democracy, the federal government continues to dictate to the state and local governments in the scheme of things as if Nigeria were still under military dictatorship. Some argue that taxing of marriages is a new way being devised by the federal government to generate revenue. I beg to register my objection. Must the federal government tax marriages in order to generate revenue? Certainly the ministry of interior could explore other ways of generating revenue other than placing unnecessary and extra financial burden on couples and churches.

More importantly, the new directive of the Ministry of Interior is discriminatory. It is only targeted against churches, Christian places of worship and Christian couples. This is why the Catholic Church, the Anglican Church, Christian Association of Nigeria (CAN), Pentecostal Fellowship of Nigeria (PFN), and other churches are insisting that the new directive must be rescinded by the federal government. Specifically the Primate of Nigeria (Anglican Communion), Revd. Nicholas Okoh has said that taxing of Christian marriages by Ogbeni Rauf Aregbesola’s Ministry of Interior is improper. I cannot agree less.

The Buhari government should stop indulging in actions that are capable of dividing Nigeria along religious lines. Ours is a secular and multi-religious society. Therefore what is good for the goose is equally good for the gander. If marriages conducted under the Islamic law are recognized by the government without being subjected to any taxation, why should marriages conducted by, for instance, the Catholic Church, Anglican Church and other churches be subjected to taxation? In fact, marriages conducted by the Catholic under the Canon Law and marriages conducted by other churches under their respective laws should be recognized by the government without further ado in the same manner marriages conducted under the Islamic law are recognized by the government

Besides you may be well aware that many young men and women in Nigeria are already finding it difficult to get married largely owing to the economic hardships in Nigeria. So, why should the Federal Ministry of Interior compound the woes of these young men and women by imposing taxes on marriages? You may be shocked to learn that many marriageable young men and women in Kera village, Kano State are no longer keen on getting married owing to the taxes imposed on marriages by the local communities. Therefore the Federal Ministry of Interior should rescind its directive. Instead of taxing married couples and Christian worship centres the government should offer tax rebates or tax reduction to married couples as obtains in Germany and other countries.

The government should protect marriages and the family institution. It is beyond question that the United Nations universal Declaration of Human Rights 1948, which is the oldest universally-accepted human rights instrument in the world, contains articles that protect the marriage institution. Specifically article 16 (3) of the Universal Declaration of Human Rights 1948 stipulates thus “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State”. This article is expressly or impliedly reproduced in the regional instruments and constitutions of most continents and countries. In Nigeria, section 17(3) (h) of the 1999 Nigerian Constitution protects the family institution.

Therefore instead of taxing marriages and by so doing placing heavy financial burden on many marriageable young Nigerians, the Federal Ministry Interior, in solidarity with pro-family NGOs, Churches, Mosques, communities and other pro-family voluntary organizations, should promote family programmes, enhance techniques and promote research that can support the family system towards enhancement of marriage, family stability and promotion of Nigerian family values. In fact the lingering feud between the Federal Ministry of Interior and the local councils over the right to conduct, celebrate, register marriages and issue marriage certificate is completely uncalled for.