The Nation Newspaper

Tag: Customary Court

  • Pastor impregnates house wife, begs court for forgiveness

    Pastor impregnates house wife, begs court for forgiveness

    A mild drama played out Friday at a Customary Court sitting in Mapo area of Ibadan, the Oyo state capital when a pastor in charge of a Celestial church accompanied his mistress to the court to witness the dissolution of her marriage to her legal husband.

    The pastor, David Adebayo, who had earlier told the court that he was the one responsible for the pregnancy his mistress was crying, however pleaded for forgiveness for impregnating Omolara Ojeyemi, a legal wife of Abiodun Ojeyemi.

    Adebayo who resides in Alakuko area of Alagbado, Lagos State confessed that Omolara was his concubine and had been sleeping with her for the past 12 years despite Omolayo residing in Ibadan with her husband in the last seven years.

    He said, “My lord, anytime Omolara left her husband in Ibadan, she used to come to meet me in Lagos where we usually have fun. Sometimes, she comes after her closing hour in her office and returned to Ibadan the following morning.

    “Omolara only told me that she and her husband were no more in good terms even though she already had two children for him. I swear to the holy bible, I didn’t intend to destroy her relationship with her husband, she is just my girlfriend.

    “The pregnancy in her tommy belongs to me. I was the one who disflowered her during my NYSC days. I followed her into the court to ensure that her union with Abiodun is dissolved today not that I am daring the court’s power.”

    Adebayo however, apologized to the court for causing so much disharmony to Abiodun, Omolara’s husband and for having unlawful sexual intercourse with a housewife.

    The president of the court, High Chief Ademola Odunade dissolved the seven year-old marriage between Omolara and Abiodun Ojeyemi but ruled that Abiodun should take custody of the two children their seven years marriage had produced.

    In his remarks before the ruling, Odunade lamented that the society was fast undergoing an unprecedented decay in morality especially how adultery was ruining marriages. He described as unprecedented how a concubine could be so bold to accompany his mistress to a law court despite knowing that the act is an illegality.

    “It is so tragic that a man can deliberately impregnate a housewife with children. It has never happened in the history of this court that a concubine will accompany his mistress to the court with the intention of daring us, saying nothing will happen.

    “In the interest of peaceful living, the union between Omolara and Abiodun has ceased to be henceforth. Abiodun shall take custody of the two children produced by the union,” the Arbitrator stated.

    Narrating his ordeal to the court, Abiodun, a staff of Nigeria Brewery said that Omolara, his wife, was an unrepentant fornicator despite his genuine love for her.

    “My lord, ever since I got married to Omolara seven years ago, little did I know that she had been occupied with all sorts of escapades in the name of going to church vigil. What I know is that she usually told me that she was going for church vigil and I never had any reason to suspect her because I trusted her.

    “However, since around June this year, Omolara started starving me of usual sexual intercourse between husband and wife. Before I eventually knew the truth, Omolara had told me that her concubine was her uncle and I was relating with him well as an in-law.

    “One day, I got home and discovered that she had packed all the property away including mine. In fact, I have never failed to perform my responsibility as a husband to her and as a father to our children.

    “It will be wrong for Omolara to hide under any stupid disguise to be neck deep in adultery. Omolara’s concubine is a Priest at a Celestial Church, Emmanuel Parish Elewiodo-Ojo Ibadan,” Abiodun explained.

    Testifying in the matter, Omolara’s father confessed that Abiodun was a complete gentle son in-law whom he liked so much. He confirmed that he usually renders Abiodun and Omolara monetary assistance anytime they were in need.

    “I know that Abiodun has a great future ahead of him and I used to tell Omolara, my daughter to keep calm. If there was any problem, Abiodun never hesitated to inform me.”

    “I never gave any wife to that naughty concubine and I know that he only wants to cause disaster to the happy relationship between my daughter and Abiodun,” Omolara’s father said.

    Omolara’s mother also added that her daughter has been expelled from the church after hearing that she got pregnant for a concubine.

    All those who gave oral testimony corroborated Omolara father’s testimony. They all in their evidences confirmed that Omolara was deeply into extra-marital affairs even with some other men.

    Abiodun’s younger brother told the court that he had at various times caught her in different hotels with different men on adulterous mission in town. He however, said that he refused to tell his brother in order not to be seen as a distractor.

    But, Omolara who was the plaintiff in the case had earlier informed the court that she was no longer interested in continuing in the marriage with Abiodun because he was threatening her life with scissor attack and irresponsibility.

    She claimed however that Abiodun, her legal husband was the responsible for her pregnancy because she took in shortly before she moved away from her matrimonial home.

    “My lord, I can no more endure hunger and lack of care in Abiodun’s home. My parents have been responsible for our daily needs including feeding, clothing and our children’s education.

    “Worst still, Abiodun used to unleash mayhem on me. My lord, enough is enough, please, separate us,” Omolara stated.

     

  • Husband to court: I beat my wife when she flouts my instructions

    Husband to court: I beat my wife when she flouts my instructions

    An estranged husband, Clifford Monday, on Wednesday admitted in an  Akure Customary Court that he only beat his wife, Bukola, whenever she flouted his instructions.

    Clifford made this known when he testified in a divorce petition filed by the wife.

    He told the the court that Bukola was the main cause of the misunderstanding they had in the union.

    He also admitted he destroyed his wife’s property, adding that his wife used tricks to extort money from him.

    Ealier, the petitioner, urged the court to dissolve the 11-year-old marriage for alleged constant beating, drunkenness, promiscuity and insensitivity to her.

    Bukola gave an instance when the respondent beat her during her second pregnancy to stupor and attempted to abort the pregnancy but her mother intervened.

    She said that the respondent always raised suspicion on all her movements, and had abandoned her and the three children of the marriage.

    The President of the court, Mr Ayodele Omotola, held that the evidences before the court showed there was no marriage between the two parties.

    Omotola noted that the court’s priority and consideration were on the products of the union.

    He, therefore, dissolved the union and ordered the respondent to pay N10,000 monthly to the court for the upkeep of the children.

    He further said that the respondent would be responsible for the education of the children.

    The president awarded custody of the children to the petitioner and gave the respondent unhindered access to the children.

    He said that both parties would be responsible for the medical and clothings of the kids. (NAN)

  • ‘Dissolve my 25-year-old marriage before my husband kills me’

    A housewife,Bose Okeiye, on Tuesday prayed an Idi-Ogungun Customary Court, Agodi-Ibadan, Oyo State, to dissolve her 25-year-old marriage to her  estranged husband, Augustine Okeiye, and safe her from an untimely death.

    Okeiye had approached the court seeking dissolution of the marriage which had produced five children, on the grounds that her husband was a threat to her life, not caring and irresponsible.

    She narrated how the defendant battered her to the extent that she had to undergo surgery while on admission in a hospital for two months.

    “I was on admission in a hospital for two months and had to undergo surgery because of my husband’s brutality and constant battering.

    “He neither checked on me nor did he pay my hospital bill throughout my period in the hospital.

    “Later, my family members asked why he refused to visit me in hospital and his response was that my father offended him.

    “My lord, I am tired of him; please dissolve this marriage before he kills me. I want to take care of my five children in good health,” she pleaded.

    The defendant (Augustine) was, however, not in court to defend the allegations leveled against him despite three letters of summons from the court.

    The court’s president, Chief Mukaila Balogun,  in his ruling said, “having gone through evidence presented by the complainant and considering the disrespect of the defendant toward the court, it is clear that there is no more love between the couple.”

    Balogun, therefore, dissolved the marriage and ordered that the first two children should be in the custody of the defendant while the remaining three children should be with their mother.

    He also ordered the defendant to pay N9,000 to his wife as monthly allowance for the upkeep of the three children. (NAN)

  • ‘I can’t bear my husband’s strong sexual urge’

    An estranged wife, Sola Bamisile, 30, on Monday told an Ikole Ekiti Customary Court that she could no longer bear her husband’s strong sexual urge.

    The petitioner alleged that her husband, Bayo Bamisile, constantly beat her whenever she refused him sex.

    Sola told the court that within five and a half years of their marriage she had given birth to four children.

    She also alleged that the respondent failed to care for her and the children.

    According to her, none of the children is in school.

    “I always quarrel with my husband because none of our children is in school; there is no proper care for me and the children.

    “My husband is always concerned about having sex with me whenever he has taken palm-wine.

    “He has not even paid my dowry,’’ she said.

    The petitioner, however, told the court that her husband and his family members had been  reaching out to her to reconsider her divorce move.

    “My husband and his family have been coming to me to change my mind about the divorce.

    “He has also written a letter of undertaking to be of good behaviour,’’ she said.

    The petitioner tendered the letter of undertaking in court as exhibit.

    The News Agency of Nigeria reports that the letter was admitted by the court.

    The respondent denied the allegation of constantly fighting his wife and failing to take care of his family.

    He however admitted not paying the dowry.

    The president of the court, Mrs Yemisi Ojo, ruled that the plaintiff should monitor the respondent’s  behaviour for three months to ascertain if he had  changed.

    She also ordered that the man should enrol his children in school before the next adjourned date.

    Ojo adjourned the case to May 8 for report of settlement. (NAN)

  • Court dissolves marriage over alleged infidelity

    A Grade “C” Customary Court sitting in Iseyin, Oyo State, on Wednesday dissolved a ten-year-old marriage over allegations and counter allegations of infidelity.

    The President of the court, Chief Adelodun Oyegbenle, dissolved the marriage which marriage produced three children due to irreconcilable differences between the couple, Mr Johnson and Mrs Esther Iyanda.

    Johnson had approached the court in July to seek dissolution of the marriage over his wife’s alleged infidelity.

    “My ears are full with stories of how she sleeps around with different men without shame or fear that I may get to know about.

    “The situation made me to send her packing and now I want it to be official that she is no longer my wife, “he told the court.

    In her response, the estranged wife denied the allegation of cheating, saying “he is the one that is not sincere with our marital vows.

    “I have never done anything like what he says, instead he is the one who has slept with two of my friends.

    “He sent me out and brought another woman two days after to take over my room, “she added.

    In his judgment, the court’s President, Oyegbenle, said it was obvious that love no longer existed between the couples could not resolve the crisis.

    He dissolved the union and granted custody of the two children to their mother.

    Oyegbenle ordered Johnson to pay N10,000 monthly allowance to the court registry for the upkeep of the children.

  •  Court dissolves pastor’s 13-year-old marriage over wife’s frequent fighting

     Court dissolves pastor’s 13-year-old marriage over wife’s frequent fighting

    …accuses wife of refusing to join ministration

    The 13-year-old marriage between an Ado Ekiti-based pastor, Tope Fajuyagbe and his wife, Abosede, was on Friday dissolved by the Customary Court over her alleged refusal to join him in his ministration.

    Court President, Mr. Joseph Ogunsemi, while delivering his judgment held that the marriage has broken down irretrievably between the couple.
    Fajuyagbe who dragged his wife to court accused her of frequent fighting, refusal to join his ministration, not giving him rest of mind as well as lack of respect for his family.
    The pastor who is 54 years of age who resides in Olorunda Zone, Ado-Ekiti, told the court that, they always fight because she did not allow his children from his first wife to live with him.

    He said that, she refused to join him in his ministerial work and did not allow him to formalise the marriage, hence deserted her in December 2015.

    The plaintiff described the defendant as a serial troublemaker who never gave him and her step children breathing space.

    He therefore prayed the court to dissolve the marriage since they have no issue.

    But the respondent, Bosede, 48, a resident of Olorunda central zone, Ado-Ekiti, said that, they built a three bedroom flat and they moved into the house.

    She said when they moved to their house, they bought a car for N300,000, he paid N100,000 and she paid N200,000.

    She said she left the house for him after she has built another house.

    Bosede said that, she was the one taking care of him in terms of feeding and medical care, saying she gave his first son N10,000 when he came to their house.
    The defendant said that, the pastor wanted to divorce her because she could not bear him a child.

    She therefore urged the court to order that the car should be sold and they should share the money.

    Court president Ogunsemi observed that, the marriage had broken down irretrievably and consequently dissolved the marriage.

    Ogunse‎mi ruled that, the car should be sold and  two quarter of the money should be given to the wife, while one quarter should be given to the husband.

     

  • Court dissolves 33-yr-old marriage over threat to life

    Court dissolves 33-yr-old marriage over threat to life

    A Mapo Customary Court in Ibadan on Tuesday dissolved a 33-year-old marriage over the claim of threat to life made by a retired civil servant, Mr Jimoh Babatunde, against his wife, Jelilat.

    Babatunde told the court presided over by Mr. Henric Agbaje that Jelilat had made two attempts on his life and had even confessed to killing one of their four children.

    “My lord, Jelilat confessed to have killed one of our four children in order to eventually eliminate me for reasons which I cannot actually tell.

    “Secondly, she put some stuff into my food recently to hypnotise and make me be in servitude to her,’’ the petitioner said.

    He said that his estranged wife had also tarnished his image and made him a laughing stock in their area.

    Babatunde also described Jelilat as insolent, disobedient and lacked any care for him and his children.

    “I did all I could to change her for the better by talking to her and reporting her to her parents, but nothing came out of it.

    “Now, she wants to sniff life out of me,” Babatunde said.

    However, Jelilat opposed the dissolution of the marriage and denied the allegations made by her husband.

    The respondent said that if the marriage was dissolved, she had nowhere to go and desired to remain the mother of her children in her matrimonial home.

    Jelilat pleaded with the court not to dissolve the union and promised to turn a new leaf.

    Ruling on the divorce petition, Agbaje held that it was clear that the relationship between Jimoh and Jelilat had turned sour and was irreconcilable.

    “The court frowns at any case of threat to life as the one currently been witnessed.

    “It is abundantly clear that there is something cruel about Jelilat’s disposition, otherwise, no man would want to part ways with a 33-year-old union.

    “In the interest of peaceful coexistence, the court has put an end to the union between both of you.

    “Jelilat shall take custody of the last child aged eight years old and Babatunde shall pay N12, 000 for accommodation and an addition N5,000 for the movement of Jelilat’s belongings,” he said.

     

  • Wanted: Customary Court of Appeal for Lagos

    Wanted: Customary Court of Appeal for Lagos

    How to improve justice delivery at the grassroots was the thrust of the yearly retreat/workshop for customary court presidents and judges by the Lagos State Judicial Service Commission, reports ADEBISI ONANUGA 

    The need to protect our customs  came to the fore as stakeholders in the justice sector converged on Lagos to re-appraise procedures in the customary courts.

    The occasion was a retreat/workshop by the Lagos State Judicial Service Commission for Presidents and judges of customary courts, which had as theme, “The role of Customary Court Judges in the nation’s judicial system”.

    The participants counselled the  Commission to establish a Customary Court of Appeal to strengthen the system.

    Ondo State President, Customary Court of Appeal, Justice C.T. Adesola-Ikpatt, who delivered the lead paper titled: “Jurisdiction of Customary Courts in Lagos State”, stressed the need for the Commission to develop   customary court laws and preserve it for posterity.

    She advised the Lagos Judiciary to   establish the Customary Court of Appeal to provide access, in a familiar environment, for those dissatisfied with the decisions of the customary courts.

    Justice Adesola-Ikpatt noted that the indigenous system of adjudication of disputes, which the customary courts administer has remained relevant over the years in maintaining peace and social order among a vast majority of the people. She pointed out that those subject to the system, identified with and accepted it as regulating their relationship.

    “The colonialists saw the good in our indigenous laws and system of adjudication; they respected and preserved it. True, times are changing, but the wise must do the needful to protect their customs and ways of life as depicted by our indigenous laws and system of court”, she emphasised.

    Chief Magistrate Y. O. Aje-Afunwa, whose paper dwelt on “Ethics, decorum and comportment” counselled the presidents and judges of the customary courts to be above board. “Judges are expected to rise above common heads in society, not only in our moral and social perfection and behaviour but in our intellectual performance,” she said.

    Aje-Afunwa advised the customary court judges that they and their family members “shall neither ask for nor accept gifts, bequests, favours, or loans on account of anything done or omitted to be done in the discharge of their duties”.

    She urged them to shun nepotism and favouritism, disqualify themselves in a proceeding where their impartiality might reasonably be questioned and requlate their ex-parte judicial activities to minimise the risk of conflict with judicial duties.

    Aje-Afunwa, however, said: “Judicial officers shall be free to join associations of judges or other organisations to represent their interest to promote professional training and protect their judicial independence.”

    The Executive Secretary, Judicial Service Commission, Ayodele Odugbesan,  appealed to the Attorney-General to ensure that the proposed amendments to the Customary Courts Law 2011 are effected as soon as possible.

    “We believe that the amendments will be beneficial to us and spur local government authorities to meet their obligations especially since they requested that these courts be established in their communities,” she said.

    Lagos Attorney-General and Commissioner for Justice, Adeniji Kazeem, who delivered the keynote address, promised to review the Customary Court Law 2011 to increase the jurisdiction of the courts in criminal matters.

    Kazeem, who was represented by the Solicitor-General, Funmi Odunlami, gave an indication that the Lagos House of Assembly was reviewing the law.

    He told them that for now, they would have to continue to dispense justice under the  Customary Courts Law  2011, which earlier increased the jurisdiction of the customary courts in respect of administration of estates of persons who died interstate to N500,000, while the jurisdiction of the courts was limited only to contempt of court committed in the face of the court in criminal aspect.

    The Chief Judge of the State, Justice Olufunmilayo Atilade, who was represented by Justice Taofikat Oyekan-Abdulai, said the state has been a pacesetter in the administration of justice and urged them to always uphold the truth.

    Justice Atilade advised that the tradition of the people in their locality should guide them when dispensing justice, adding that they should not apply common law in all cases.

     

  • I’m tired of my wife’s troubles, says man

    I’m tired of my wife’s troubles, says man

    A 58-year-old man, Timothy Babarinde, has asked an Agege Customary Court in Lagos to dissolve his five-year old marriage. He is accusing his wife, Funmilola, of being troublesome.

    Funmilola, he added, is not also submissive.

    The petitioner said: “I solely married her because two of my children, from my previous marriage, died of sickle-cell anaemia. Consequently, I broke up with my ex-wife. I know she has never been married but she doesn’t want to see me with another woman. She wants me to herself. Our security man caught her burying something at the frontage of my house. In fact, she is an added problem.”

    However, the respondent, Mrs. Babarinde was not present in court.

    The marriage which was sealed under Native and Customary law is blessed with a four-year -old child, Boluwatife.

    The court’s President, Pa Adekunle Williams, ordered the respondent to appear in court February 5.

  • My husband isn’t normal, wife tells court

    A trader, Folake Adewale, yesterday urged the Alakuko Customary Court in Lagos to dissolve her seven-year-old marriage, alleging frequent beating and forceful sexual intercourse by her husband.

    Folake (42), who resides at 26, Ogundipe Street, Alakuko, told the court: “I don’t think my husband is normal because after beating me, he comes back to his senses and tell me that he did not know he beat me. Many times, he forcefully makes love to me.

    “There was a time that he returned from his village and insisted on making love to me that night and I turned down his request. I did not sleep for three days for him not to have his way and because he is fond of charms and he is dangerous. I don’t trust him.”

    Folake told the court that her husband burgled her wardrobe and stole all her money, adding that her he stole her money at will. She also said she had always been paying for their rent and feeding her child.

    “My husband has threatened to kill me uncountable times; so, I want the court to dissolve the union for me to have peace,” she pleaded.

    Her 45-year-old husband, Kehinde Adewale, a butcher, admitted that he used to forcefully make love to his wife because she was denying him his right.

    He said: “My wife used to starve me of sex for a month and since I don’t have any girlfriend, I force her whenever I am at the peak.”

    Saying that he was always paying the rent and providing for the family, Adewale said he never stole her wife’s money and had never beaten her.

    He insisted that he still loved his wife. The court president, Chief Awos Awosola, adjourned the case till November 25 for further hearing.