MICHAEL AKINOLA
A commercial motorcycle operator, Dayo Akingbade, may have lost his three children to his wife, Dapo, following the judgment of the Customary Court in Oyo State, which awarded the custody of their children to the wife because he did not pay bride price before getting married to her.
P.M.EXPRESS reports that the Mapo Grade A Customary Court in Ibadan, Oyo State, dissolved his purported marriage to the wife, Dapo, on grounds of adultery between the duo, which led to the collapse of the relationship after many years.
The embattled wife filed the suit before the Court on the allegation of the husband being irresponsible. However, Mr. Akingbade claimed that his wife, Dapo, cannot control her desire for adultery.
”My lord, the real reason Dapo left my home was because of her adulterous lifestyle.
After series of complaints about the fact that she was bringing different men to my house, Dapo’s mother assisted her to move her things out of my apartment.”
“My total daily income is N3,000 as an Okada rider, so I might not be able to afford N30,000 monthly feeding allowance for the children. Besides, I have remarried since she left my home over a year ago,’’” Akingbade said.
Earlier, Dapo, who is a fashion designer, told the Court that she filed the suit because she was no longer willing to continue living as his wife.
”He never paid any bride price for my hand in marriage,” she said.
Delivering judgment, the Court’s President, Mrs. S.M. Akintayo, held that there was no marriage to be dissolved between the petitioner and the respondent because of the absence of legal requirements of a customary marriage.
Akintayo said for any marriage to be recognised as a customary marriage under Nigerian law, there must be payment of bride price, capacity to marry, presentation of gifts and formal handover of the bride.
She added that none of the above listed was present in the union between Dapo and Akingbade based on the evidence tendered by them during testimony.
In addition, Akintayo awarded custody of the three children produced by the duo to Dapo and directed Akingbade to pay N30,000 as the children’s monthly feeding allowance, which must be paid to the Court’s registrar on or before the end of every month, beginning from January 2023.
The President of the Court granted the order restraining Akingbade from threatening, harassing, molesting and interfering with the private life of Dapo henceforth.
She also directed both of them to be jointly responsible for the education and other welfare of the children.
Akintayo further ordered the petitioner never to hinder the respondent from having access to the children and advised them to maintain peace and order.