A Customary Court of the Federal Capital Territory in Dawaki, Abuja, has barred Adaobi Alagwu, the ex-mistress of business mogul and former Skye Bank chairman Tunde Ayeni, from claiming to be his wife.
The ruling was delivered on Tuesday as the court decided on Alagwu’s preliminary objection, in which she challenged its jurisdiction to hear Ayeni’s petition.
Ayeni had asked the court to stop Alagwu from using his name and to declare that they were never married. He also requested a ruling that her daughter is not his.
In her objection, Alagwu argued that since Ayeni admitted in his testimony that he had a statutory marriage with his wife, Abiola Ayeni, since 1994, his payment of dowry on her (Alagwu) constituted a criminal offense under the Marriage Act, which the court lacked jurisdiction to entertain.
She, therefore, prayed the court to dismiss Ayeni’s petition.
At the last sitting, Ayeni’s lawyer clarified that the case was not about his statutory marriage to Abiola Ayeni but about confirming that no marriage existed between him and Alagwu following the return of a dowry paid out of ignorance of her native law and custom.
He also emphasised that the payment of the now-refunded dowry was never intended to establish a marriage.
During his testimony, Ayeni presented his marriage certificate as evidence to show that he is legally married to his wife, Abiola Ayeni and that he never married Alagwu.
The three-member panel of the customary court, in its ruling, held that contrary to Alagwu’s claim, there was no evidence that any marriage ever existed between her and Ayeni.
The court agreed with Ayeni that the case was not about the statutory marriage between him and his wife but about confirming that no marriage existed between him and Alagwu after the refund of the dowry he paid when he mistakenly believed she was pregnant for him.
The court further held that since Alagwu admitted in her preliminary objection that the dowry had been refunded, no additional evidence was required to conclude that no customary marriage existed between them.
It also ruled that, contrary to Alagwu’s argument, the only person who could sue for bigamy under the Marriage Act is Ayeni’s legal wife, Abiola Ayeni.
Having found that no form of marriage existed between Ayeni and Alagwu, the court ruled it lacked jurisdiction to consider the reliefs contained in Alagwu’s counterclaim and dismissed it.
“This suit succeeds only to the extent that no marriage exists between the parties,” the court ruled.
