A Nigerian man and a German woman have filed a constitutional application against the Director of the Public Registry and the Attorney General demanding the right to marry after the Public Registry refused to issue marriage banns because the man’s visa to stay in Malta had expired.

Kehnde Olusegum Ogunyemi came to Malta regularly in February 2004 to train at the International Institue of Ageing, while Sandra Wetterich is studying tourism at Malta University. They started going out together in August 2004 and now live together.

Mr Olusegum’s visa expired last year and in April last year he was told it would not be renewed, even though, at the time, he was following a course at Computer Domain in Mosta. His work permit also expired and was not renewed.

The two went to the Marriage Registry last year asking for publication of marriage banns but officials refused because Mr Ogunyemi’s visa had expired.

They argued in court that in terms of the EU Treaty, Ms Wetterich had a right to establish her family in Malta as a member state of the EU and the state could not stop her from marrying Mr Ogunyemi.

Furthermore, EU directives also laid down that citizens from non-EU states could establish themselves in member states if they were married to an EU citizen.

The couple also argued that the Constitution of Malta gave them a right to respect for their private life.