A Customary Court located in Dawaki, Federal Capital Territory, Abuja, has determined that Adaobi Alagwu, the former partner of business magnate and ex-chairman of the now-defunct Skye Bank, Tunde Ayeni, is not entitled to claim the status of his wife.
The court delivered its decision on Tuesday while addressing a preliminary objection raised by Alagwu, who contested the court’s authority over the case initiated by Ayeni.
Ayeni had approached the court seeking to prevent Alagwu from using his name and to affirm that no marriage existed between them. He also requested a ruling to establish that her daughter was not his biological child.
In her defense, Alagwu argued that Ayeni’s acknowledgment of his legal marriage to Mrs. Abiola Ayeni, which has been in effect since 1994, rendered his payment of dowry to her (Alagwu) a violation of the Marriage Act.
She maintained that the court did not possess the jurisdiction to adjudicate the matter and requested the dismissal of the petition.
During a prior hearing, Ayeni’s attorney clarified that the case did not seek to contest his statutory marriage but rather to affirm that no valid marriage existed between him and Alagwu.
He explained that Ayeni had paid the dowry out of a misunderstanding of Alagwu’s customary laws, but that the dowry had since been returned, further emphasizing the lack of any marital relationship.
In his testimony, Ayeni provided his marriage certificate as evidence of his legal union with Mrs. Abiola Ayeni and asserted that he had never entered into marriage with Alagwu.
In its judgment, the three-member panel of the customary court found no substantiation for Alagwu’s assertion of a marital relationship with Ayeni.
The court agreed with Ayeni’s position that the matter did not pertain to his statutory marriage but rather to the necessity of confirming the non-existence of any customary marriage with Alagwu, particularly following the return of the dowry he had mistakenly paid, believing her to be pregnant with his child.
The court additionally determined that, given Alagwu’s acknowledgment in her preliminary objection that the dowry had been returned, no further evidence was necessary to prove that a customary marriage had not occurred.
Furthermore, the court dismissed Alagwu’s assertion concerning bigamy, clarifying that only Ayeni’s lawful spouse, Mrs. Abiola Ayeni, possessed the right to initiate such a legal action under the Marriage Act.
Having concluded that no marriage existed between Ayeni and Alagwu, the court stated that it did not have the jurisdiction to address Alagwu’s counterclaims and therefore dismissed them.
“This suit succeeds only to the extent that no marriage exists between the parties,” the court ruled.
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