The Customary Court of the Federal Capital Territory (FCT), sitting in Dawaki, Abuja, has ruled that it lacks jurisdiction to entertain a suit filed by the former Chairman of the defunct Skye Bank Plc, Mr. Tunde Ayeni, against Abuja-based legal practitioner, Barrister Adaobi Alagwu.
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Contrary to Ayeni’s recent public claims that the court ruled in his favour in a paternity-related suit, certified true copies of the court’s decision reveal otherwise. The court categorically stated that it had no power to adjudicate on the reliefs sought by Ayeni, affirming that no valid customary marriage existed between the parties and that the matter fell outside its jurisdiction.
Ayeni had approached the court in a suit marked FCT/CC/CV/DK/M/03/2025, asking it to declare that he was not the father of a child allegedly born from a relationship with Alagwu and to confirm that no customary marriage existed between them.
However, in a preliminary objection, Alagwu challenged the competence of the suit, contending that the claims were unfounded and procedurally defective.
In its ruling, the three-member panel of the court—comprising Hon. Adlin Uche Achoru (Presiding), Hon. Olowu Ojo Ajiboye, and Hon. Stephen Olumide Agbede—noted that while there was evidence of bride price having been paid and later returned, thereby dissolving any presumed customary union, the court lacked the authority to grant further reliefs sought by the claimant.
“The matter before us is between John Olatunde Ayeni and Jennifer Adaobi Alagwu. The relief also sought is a declaration that no customary law marriage exists between the two. The exhibit shows that bride price was paid and has been returned—so no marriage can exist,” the court held.
It continued, “By the provision of Section 33(1) of the Marriage Act, the only party who can sue for bigamy is Mrs. Abiola Abosede Ayeni. Now, having ruled that parties were never married under customary law and in line with No. 1 of the Schedule to the FCT Customary Court Act, 2007, this court has no power whatsoever to entertain the reliefs sought by the Applicant/Respondent in this suit.”
Citing legal precedent, the court added: “It is trite law that you cannot place something on nothing and expect it to stand. See Macfoy v. UAC (1961) 3 All ER 1169 at 1172. This suit only succeeds to the extent that no marriage exists between parties before us.”
The court clarified that any aggrieved party has the right to appeal its decision at the FCT Customary Court of Appeal.
This ruling appears to contradict recent statements made by Tunde Ayeni in interviews published in national newspapers and online platforms, where he alleged that the court had vindicated him in a paternity dispute involving Barrister Adaobi Alagwu and a baby girl.
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