Oja Oba/Mapo Court C Customary Court, Mapo, Ibadan, Oyo State has ruled on a case dealing with the custody of a child born to a couple, Emmanuel Eze and his wife, Ada Eze Uwaifor.
Emmanuel had approached the court, seeking that it awarded him custody of their 13-year-old child, Chwuwebike Uwafor who had been in the custody of his wife since he was 10 months old.
Giving his evidence, Emmanuel stated that he took care of his wife while carrying their child and after delivery. He added that he was sending money to both mother and child on a regular basis while abroad for their upkeep while his relations also contributed towards their welfare.
Ada on her part did not admit to claim that she was Emmanuel’s wife. According to her, she is only the mother of his child because she’s married to another man.
She stated that the plaintiff advised that she aborted his pregnancy but she refused. She added that the plaintiff thus neglected her during pregnancy and later abandoned her and their child and travelled out of the country for nine years.
Giving his judgment, the court president, Chief Ademola Odunade, acting on the evidence given by both parties awarded custody of their child to the defendant considering the fact that she had been taking care of him from cradle.
He ordered the plaintiff to pay the sum of N10, 000 monthly through the court as their child’s feeding allowance and be responsible for his education and health care.
Emmanuel when giving his evidence, told the court that, “My wife got pregnant while we were dating. She moved in with me and we lived together for eight months.
“I took up the responsibility of caring for my wife during pregnancy and both mother and child after birth.
“My lord, my father-in-law didn’t allow me to name the child while my wife refused that he bore my name. She gave our child his father’s name.
“I travelled out of the country in year 2003. Our baby was then 10 months old. My younger brother took up the responsibility of looking after them while I sent her money twice.
“I returned in 2012 and went looking for her. She told me not to bother about her and our child again and denied me access to the child.
“I have taken this issue to the Welfare Office but they were not able to resolve the issue. I also filed a suit at the High Court but the case was struck out because she refused to show up in court.
“My lord, I pray that you grant me custody of our son and dissolve our marriage since she’s married to another man.”
The defendant told the court that, ”I started befriending him as a young girl, but never had marriage in mind because I was in school. He promised to sponsor my education.
“He impregnated me and asked me to abort the pregnancy because according to him, his family members were not in support of our relationship.
“I moved to his house but he refused to give me the needed care and attention.
“I had malaria and he told me to go to a particular doctor whom he had arranged with to administer on me an injection for abortion, but his plan failed, “she said.
“He abandoned me at home and started sleeping at his brother’s place.
“He didn’t show up when I put to bed. It was my father who settled the medical bill and named our child. He also buried the placenta.
“He came back when our son was eight months old. My parents told him to do the right thing in line with our tradition but my parents later agreed that I moved in again after some considerations.
“He told me one day that we should go to the studio to take pictures with our child. He became somehow loving. I dressed our child up and also made sure I looked good. We all went to the studio and had lovely shots.
“I didn’t know he wanted to use the pictures to process a visa to Germany. He travelled out without my knowledge and abandoned our child and I. He was away for nine years. I shouldered the responsibility of caring for our child who is now 13 years old throughout this period and has continued to do so till date, “she stated.
Parting is such sweet sorrow but part we must!