The Customary Court of Appeal in Ado-Ekiti has set aside the judgment of the Customary Court of Ado-Ekiti in a case between one Alhaji Tunde Olatunde as Appellant and Miss Bola Saka as Respondent.
The appeal flows from a January 31, 2024 verdict delivered by President of the Trial Court, A. F. Anjorin, Assossors – E. T. Omiyale and M. O. Idowu in favour of the Respondent.
The Trial Court had ordered Alhaji Olatunji to take full responsibility in taking good care of an 8 year old adopted child of the association named Oreoluwa Olatunji.
The court also ruled that no valid Customary Marriage existed between both parties, indicating that they are free to go their separate ways without disturbing the peace of each other.
Dissatisfied with judgment, Alhaji Olatunji approached the Customary Court of Appeal in Ado-Ekiti, seeking the court to allow his appeal and to set aside the decision of the lower court.
After listening to both parties, Presiding Judge, Justice Babatope Ojo, set aside the lower court judgment.
Ruling on the order of the lower court that Alhaji Olatunji should take full responsibility in taking good care of the adopted, Justice Ojo said; “It is my view that the Appellant did not give his consent to the adoption of the child.
The said adoption was made between the Respondent and her Pastor in Delta State. It is believed that the name of the Pastor would appear in Delta as the father of the adopted child unless the Pastor impersonated the Appellant.
“The act of the Respondent in the adoption is fraudulent.” His Lordship quipped; “The question to be answered is whether the Appellant should be made to be responsible for the fraudulent act of the Respondent? The simple answer would be in the negative.
“In view of the above, the judgment delivered by the Customary Court of Ekiti State Sitting in Ado Ekiti on the 31st January, 2024, mandating the Appellant to take full responsibility in taking good care of the adopted child of the association named Oreoluwa Olatunji, 8 years old is hereby set aside.” He concluded.
The Judge then mandated the Respondent, Miss Bola Saka, to take care of the adopted child.
In their supporting judgment, President of the Customary Court of Appeal, Hon, Justice Monisola Abodunde and Justice Adesoji Adegboye set aside the trial court judgment.