AISHA ABUBAKAR
A Customary Court has ordered a man to pay N3.1m damages for abandoning the wife without sex for 17 years under Kamantan custom in Kaduna State as non-payment of bride price does not invalidate a marriage.
P.M.EXPRESS reports that it was the judgment of the Upper Customary Court of Kaduna State, Kafanchan Judicial Division, which ruled and awarded N3.1 million in damages to a woman for the unlawful treatment she suffered in the hands of her husband.
The case, with suit number UCCK/CV/75/2024, was between Theresa Yohanna (the Petitioner) and Yohanna Bako (the Respondent).
The Petitioner sought the dissolution of their marriage and the payment of N6 million in damages for taking care of their four children for 17 years.
In its judgment, the court, presided over by his Lordship, Emmanuel J. Samaila, and assisted by Mr. James K. Kajang, held that the non-payment of bride price does not affect the validity of a marriage under Kamantan custom.
The Court also noted that the consent of the bride’s father is sufficient to create a valid marriage, even if the payment of the bride price is postponed.
The Court found that the Petitioner had presented sufficient and credible evidence to support her claim for damages. The judges emphasized that a woman married under customary law is not a slave or property that can be dumped at will without consequences.
It was stated that the dignity of women married under the customary law is equal to that of their sisters in statutory marriages, as they are all beneficiaries of the constitutional right to the dignity of the person.
The Court awarded N3 million in damages to the Petitioner, noting that she had given her youthful and fruitful years to the marriage and had been left to fend for herself and their children for 17 years while the Respondent remarried and moved on with his life.
The Court also awarded N100,000 as the cost of the action in favour of the Petitioner.
The judgment sum of N3.1 million is to be paid within 30 days, with a 10% interest rate accruing until the full payment is made.The Court granted the parties the right to appeal the decision to the Customary Court of Appeal, Kaduna, within 30 days from the date of the judgment.