An Abuja Customary Court sitting at Dawaki has fixed March 11 to deliver ruling in a paternity dispute involving a former chairman of the defunct Skye Bank Plc, Mr. Tunde Ayeni.
The petitioner and his estranged mistress have been embroiled in a dispute over the paternity of Alagwu’s daughter, who Ayeni denied as his child. Determined to quash the paternity claim, Ayeni initiated a legal action before the court marked: FCT/CC/CV/DKDK, wherein he urged the court to take judicial notice that he is not the child’s father, insisting that no valid marriage existed between him and the respondent.
Earlier when the matter was called up on Tuesday, counsel to the petitioner, Mr. Silas, noted that though the case was fixed for definite defence, he told the court that the respondent served him with a preliminary objection.
My Lord, the respondent’s objection is that this court does not have jurisdiction because the petitioner submitted his marriage certificate with his wife to the court. However, the respondent’s application is unfounded and misplaced,” he argued. “The matter before this court is not about determining the statutory marriage between the petitioner and his wife but about declaring that no marriage exists between the petitioner and the respondent following the return of a dowry paid out of ignorance of the respondent’s native law and custom.” He told the court that the dowry had been refunded after the petitioner demanded it back, insisting that the payment was never intended to establish a marriage.
In his response, Alagwu’s lawyer, T.G. Okechukwu, argued that the court no longer had jurisdiction to entertain the suit, even as he applied for the dismissal of the case.
After listening to both sides, the 3-member panel of the court led by Justice Adlin Achoru, adjourned the matter for ruling.