The plaintiff, Teslim Busari, a 35-year-old trader, told the court that he married Fatimoh about eight years ago and the marriage is blessed with a child named Hammed Busari, who is seven years, nine months old and is in the custody of the defendant.
Teslim said he wanted to divorce the defendant and take the custody of Hammed.
“I’m a traveller and anytime I returned home, I would not meet her at home. I complained about this several times but she did not change and never gave me a genuine reason for her outings. There was a day I came back from a business trip and discovered she had packed out of the house even when we had no quarrel. I went to her parents for a settlement but nothing came out of it all . My father also tried but to no avail.”
Teslim said that when he heard that Fatimoh had married another man for whom she is carrying a new baby, he thus approached the court to take custody of Hameed so that he would take full responsibilities of the boy’s education, health, moral and financial welfare.
When the court asked Teslim if he reported Fatimoh’s actions to her parents, he replied: “Yes, I went to meet her mother but it seems her mother was in support of her action.” The plaintiff was also asked by the court on the ownership of the baby the defendant is carrying, to which he replied firmly “Another man.”
The defendant, Fatimoh, 34 years old hairdresser, told the court that she agreed to a divorce but shocked the court when she said Teslim was not the biological father of Hameed.
Fatimoh said “I told him that I was carrying a four-month-pregnancy before I got married to him but he raised no objection.”
At this point however, the following conversation ensued
Teslim: Is it possible that you told me you were four months old pregnant and I would still go ahead to marry you?
Fatimoh: I told you.
Teslim: Does your mother recognise me as your husband and that my parents came to your house for introduction?
Fatimoh: I’m not denying you but I am telling the court that you are just my former husband.
Teslim: Who buried the Hammed’s placenta and also did the naming ceremony?
Fatimoh: You did both.
Court President: Is the man you are claiming to own the child aware that it was Teslim who buried the placenta and also responsible for the naming ceremony?
Fatimoh: The man is not aware.
Court President: You later decided to hand over the child to him?
Fatimoh: “Yes, since I was four months pregnant for him before marrying Teslim.
Court President: After those four months, you moved to the plaintiff’s house, was there any sexual intercourse between both of you?
Fatimoh: There was sexual intercourse even till the day of delivery (of Hammed).
The court adjourned the case so that Fatimoh would be able to produce the man whom she claimed be the father of the said child before the court.
However, when Teslim and Fatimoh’s case was reopened, the court asked for the man the defendant claimed to own the child but Fatimoh said the man was not in court because she could not locate him but brought Hammed to court.
Since Fatimoh could not deny the plaintiff was recognised by her parents, the court ruled thus: “As a customary court of law created by law of the land, this court sees that the man who buried the placenta as a father, he is the father of the child. The defendant cannot produce the man she claimed to be the father before the court. This court cannot do otherwise but to grant the request of the plaintiff while the court rules thus: The marriage between both parties is hereby dissolved henceforth.”
The presiding judge, Mr Ramon Lafenwa, ordered that the only child of their marriage should be under the custody of Teslim, while he takes care of him on education, health, moral and financial ground. Aggrieved party, Lafenwa said could however appeal to the court.
culled from The Nation
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