…ORDERS RE-TRIAL OF CHILD CUSTODY SUIT.
The Ekiti State Customary Court of Appeal in Ado Ekiti has upheld the judgment of the Customary Court in Ado-Ekiti, which dissolved the 18-year marriage between one Mr. Oladeji Daodu and his spouse, Mrs. Racheal Daodu.
The lower court had awarded custody of their three children to the wife, granted her occupation of the matrimonial home, assigned ownership of a vehicle, and ordered the husband to pay ₦45,000 monthly for the three children’s upkeep.
Dissatisfied with the trial court’s ruling, the appellant, Mr. Daodu approached the Appellate Court to upturn the earlier verdict. The appellant premised his appeal on 6 grounds including, whether or not the trial court had jurisdiction to hear the matter.
Delivering the lead judgment on June 30, 2025, Justice Lawrence Ojo of the Customary Court of Appeal stated that the trial court, presided over by Mrs. O.O. Olakunle, with Mr. Rotimi Oke and Mr. A.A. Ogunkorode serving as Assessors, had full jurisdiction, properly evaluated the evidence, and adhered to legal standards.
Justice Ojo noted that both parties acknowledged the existence of a valid customary marriage and concluded that the marriage had irretrievably broken down.
His Lordship particularly commended the trial court’s focus on the welfare of the children, especially considering that one child suffers from sickle cell anemia. It also affirmed the wife’s entitlement to ₦480,000 in thrift contributions made during the marriage, rejecting the husband’s objection to its inclusion.
In conclusion, the appeal was dismissed in its entirety, and all decisions of the lower court, including the divorce, custody, maintenance, and property orders, were affirmed.
In a separate judgement, The Ekiti State Customary Court of Appeal in Ado-Ekiti nullified a judgment of the Customary Court, Ado-Ekiti, which had granted custody of a 7-year-old girl, Tiwatope Bodunde, to her father.
The mother, Simbiat Bodunde (Yusuf), appealed the ruling, citing denial of a fair hearing and improper evaluation of evidence by the trial court.
Delivering judgment on June 30, 2025, Justice Rotimi Adegboye held that the trial court, led by Mrs. Olatunji T.T. with Mr. Rotimi Oke and Mr. Ogunkorode A.A. as assessors, failed to hear both parties before ruling and wrongly handled an interlocutory application.
The appellate court described this as violating the child’s rights and a constitutional fair hearing.
Justice Adegboye emphasized that custody matters must prioritise justice and the child’s best interests.
The judgment was quashed, and the case was returned for retrial before a different panel, with a 90-day deadline for conclusion due to the exigency of the matter.
