ABUJA: Police Officer’s Wife Asks Court To Stop ‘Irresponsible’ Husband From Selling Their 2-Bedroom Flat

A Customary Court sitting in Bwari Abuja has been asked by a divorce-seeking wife, Mrs.O.G.A, to restrain her husband, a police officer, A.G. from selling the two-bedroom flat in Abuja which was allegedly jointly built by them for their accommodation.

In her civil summon marked FCT/CC/BWR/CV//2022, seen by THE WHISTLER, she claimed her husband who works with the Nigeria Police Force Enhance Joint Border Patrol unit in one of the LGAs in Kebbi state, has not been responsible for the family needs.

She alleged they have lived apart for about 8 years and two out of their four children have not been seen by her, to the knowledge of her husband.

“That presently now, I don’t know the whereabouts and wellbeing of my two children whom the Respondent took away from me for over 8 years now to stay with his mother who is now late.

“That the Respondent has denied myself and the children access into the two bedroom flat we jointly built together.

“That the Respondent has continuously made efforts to eject me and my children from the shop where I trade goods to take care of our two daughters with me
and also live for about 8 years now,” the petitioner deposed.

The petitioner further accused the respondent of always addressing their female children as “outsiders” while encouraging them to disrespect her.

“That for over nine years I have not set my eyes on the other children with the respondent neither have I spoken to them,” the petitioner claimed, adding that the two children with her don’t know there siblings because of separation.

She then prayed for the dissolution of their marriage and an order restraining the sale of their apartment.

“An order of this Honourable Court to grant me Divorce and Divorce certificate.

“An order of this Honourable Court to grant me custody of my other two children whom he, the Petitioner had taken away for over 8 years.

“An order of this Hon. Court ordering the Respondent to be paying the sum of 50, 000 for monthly upkeep of the children and be responsible for school fees, and medical bill of the children.

“An order of this Hon. Court restraining the Respondent from Selling the two bedroom flat located in Abuja which was jointly built for ourselves and children’s
accommodation,” the petitioner requested as part of her prayers.

On his part, the border patrol officer filed his response to the petition as well as cross-petition, denying the allegations while describing them as “complete and deliberate falsehoods.”

The respondents told the court that the apartment in question was built by him despite earning a monthly salary of N120,000.

The Respondent vehemently denied the petitioner’s claims and contended that he has at all times been responsible for the family, including in terms of feeding, clothing, medicals and the payment of children’s school fees.

“The Respondent avers that since they relocated to Abuja from Kaduna, the petitioner has been living in the shop she is occupying, after their family
house got burnt due to the careless attitude of the petitioner, and has never lived in the two bedroom flat built by the Respondent.

“The Respondent further avers that the petitioner, had at no point time, contributed a dime, towards the project of building my two bedroom flat in Abuja, as the land on which the building stands, belong to my father, a retired official who is also alive.,” the police officer contended through his lawyer.

However, the police officer adopted his wife’s request for divorce, saying both of them no longer love each other having lived apart for years, especially due to the nature of his work.

“The Respondent is in favour of the dissolution of the marriage against the petitioner on the following grounds:
i.That the marriage has broken down irretrievably. That the marriage has been devoid of the necessary consortium and/or love and affection, as the
Respondent and petitioner have lived apart for over 8 years,” the respondent stated.

Reading out the judgement by a three-man panel of the court, Honorable Nathan Iwot held that having gone through the records of the court, the police officer’s assertions in his cross-petition were not backed by any credible evidence.

The court also observed that both parties agreed they had lived separately and wanted a divorce.

The judge also observed that the officer in his testimony had moved on with his life by marrying someone else.

“This court has no other option than granting their request (for divorce) having relied on section 15 (2) of the
Customary Court Act 2007 that encourage parties to settle their differences out of court, but since this did not yield result as the parties could not resolve their difference, this court has gone through the evidence before it, and grants the reliefs…”the judge said in his judgement seen by THE WHISTLER.

The judge noted that the children’s relationship with their parents had deteriorated, but urged the police officer to “disabuse the minds of their children” to stop holding grudges against their mother.

On the petitioner’s request that the court should restrain the husband from their house, the Customary Court declined jurisdiction on the matter saying it is the Federal High Court or Magistrate that should look into that.

“This court has no jurisdiction to adjudicate on matters of ownership of land and building as well as tenancy as the issues on ownership of land and building is exclusively for high court of and tenancy for both High Court of Justice and Magistrate Court depending on the nature of claim and without dissipating energy, these reliefs fail, I so hold,” Honorable Nathan held.

Consequently, the court approved the dissolution of the marriage.

The Court made the following orders:

(1) That the customary marriage between the petitioner and respondent entered into the 2004 in accordance with Igbo native law and custom of Isiala Mbano L.G.A. Imo State is hereby dissolved with effect from 20/7/2023. And the Respondent is
hereby mandated to issue certificate of divorce to this effect.

“That the Custody of the two female children remains with the petitioner, while the two remain with the Respondent until they reach the age of 18 and the petitioner is to remain in her present
accommodation with the children and each party is granted visiting
right once a month to the children but such intension to visit must be communicated before handover to the other party.

“That J and A shall spend their long Holiday with other siblings M. and G. in Abuja while M. will spend their Christmas and New Year Holiday’s with J. and
M. at Benue State. This is to strengthen the
bond between them, breach the gap, heal the wound the forceful and natural separation has caused to their lives. The Respondent is by this JUDGEMENT ordered to pay the bills for the Journey to and fro.

“Respondent is hereby ordered to continue in the payment of all the children’s school fees, care for their health in a government-owned hospital and deposit the sum of N30, 000 monthly with this Court at the Registry for up keep of children and the said money shall be deposited with the Registrar of the Court who will convey to the petitioner beginning from 15th Auqust, 2023.”

The judge added that based on Section 18 (3) of the customary court Act 2007, any aggrieved party is entitled to appeal the judgement within 30 days.