A Customary Court of the Federal Capital Territory (FCT) in Dawaki, Abuja has barred Adaobi Alagwu, an ex-mistress of a former chairman of the now defunct Skye Bank, Tunde Ayeni from further parading herself as his wife.
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In a ruling on Tuesday, a three-member panel of the court found that, as against Adaobi’s claim, there was no evidence that any marriage ever existed between her and Ayeni.
The ruling was on a preliminary objection raised by Adaobi to challenge the court’s jurisdiction to hear the petition filed by Ayeni praying the court to stop Alagwu from further using his name and to hold that they were not married and had no child together.
Adaobi had, in the preliminary objection, argued that Ayeni having admitted, in the course of his testimony, that he had a statutory marriage with his wife, Abiola since 1994, his payment of dowry on her constituted a criminal offence under the Marriage Act, which the court lacked jurisdiction to entertain.
She prayed the court to decline jurisdiction in further hearing Ayeni’s petition and proceed to dismiss it.
In the ruling on Monday, the court agreed with the petitioner (Ayeni) that the case before it was not for the determination of the statutory marriage between the petitioner (Ayeni) and his wife with which he had statutory marriage.
It said the case was for the court to declare that, upon the refund of the dowry that the petitioner (Ayeni) earlier paid to Adaobi’s family (when she claimed to be pregnant for him), no form of marriage exists between them.
The court held that Adaobi, having admitted in her preliminary objection that the dowry had been refunded to the petitioner (Ayeni), there is no need for further evidence for the court to conclude that no customary marriage exists between them.
As against Adaobi’s contention, the court held that, under the Marriage Act, the only person who could sue for bigamy is Mrs. Abiola Ayeni (his actual wife).
The court added that having found that no form of marriage exists between Adaobi and Ayeni, the court no longer possessed the jurisdiction to consider the reliefs contained in her (Adaobi’s) counter claim.
It proceeded to dismiss the counter claim and said: “This suit succeeds only to the existent that no marriage exists between the parties.”
Ayeni had, while testifying in the course of trial, presented evidence showing that he has been legally married to Mrs. Abiola Ayeni since 1994 and that he did not marry Adaobi.
He said the money paid to her parents was meant for the child Adaobi had and made him to believe it was his, but which he later found out to be false.
Ayeni, who said he was not familiar with Igbo customs and traditions when the incident happened, added that he made the payment under pressure from Adaobi’s family.
He said Adaobi’s father came to him and insisted that he pay the money to avert any customary consequences and to ensure that the child bore his (Ayeni’s) name.
Ayeni added that Adaobi was unwilling to let go and chose to resorted to blackmail after he withdrew monthly allowances previously accorded to her and requested that she vacate the property he had entrusted to her.
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