In a Landmark Verdict, Akure Magistrate Court in Ondo State Denounces an Igbo Tradition as Barbaric, Unjust, and Ungodly, Which Disallowed a Father’s Access to His Children Due to the Non-payment of Bride Price.
Magistrate Segun Stephen Rotiba Delivers this Pronouncement During the Hearing of the Legal Dispute between Prophet Theophilus Obayan and His Estranged Wife, Prophetess Chibuzor Lilian.
Prophet Obayan, of Yoruba descent, and his estranged wife, originally from Abia State, were once the dynamic leaders of the Divine Prophetic Solutions Prayers Ministry located in Ladipo, Lagos State.
However, their union took a dramatic turn as Prophetess Chibuzor chose to marry one of the ministry’s members, Abua Obi, and subsequently altered their children’s last name to Obi.
Worn down by their marital strife, Obayan initiated a divorce proceeding against his wife, citing her alteration of their children’s last name to her new partner’s as the primary reason.
He also raised various issues in his plea, including disobedience, misunderstandings, deception, manipulation, abuse, hatred, and resentment throughout their 23-year marriage.
Prophet Obayan further asserted that his former church member had taken custody of their four children and sought the court’s intervention to restore his paternity rights and secure custody of the children.
In a decisive judgment, Magistrate Rotiba officially dissolved the marriage, reasoning that both parties had lost their commitment to the relationship. He also upheld Obayan’s plea for the restoration of his parental rights over the four children.
The magistrate acknowledged that the Respondent had mentioned during cross-examination that, according to Igbo customs, since the Petitioner had not paid her bride price, her new husband, who did, had the right for their children to bear his surname.
According to him: “In the same breathe, I find the Igbo custom exuded by the respondent and her witnesses that the children of the union can bear Mr Abua Obi as their surname, atavistic, barbaric, evil, ungodly, irrational, unsensational, crass, gross, crude, unwary, provocative, ungodly, discriminatory and insensible.
“The custom that tends to punish one person when two consenting adults are involved in the act is nothing but the highest element of insensitivity and servitude.“I condemn this custom in the strongest terms. While the matter was on, a publication was made on February 2, 2023 in Vanguard newspapers, changing the surname of the first two children of the parties to Abua Obi.
“Aside the fact that complicit to change the surname of the first two children has been established against the Respondent, it also amounts to sub-Judice as no action is expected to be taken on the subject matter by whoever, when the matter is pending before the Court.
“This is a complete affront to the Court. I say no more. In conclusion, the Court hereby dissolves the union between the parties, having broken down irretrievably.
“The Court, hereby declares personal non grata, the custom of the Respondent awarding paternal personality to a man who is not the biological father of the children.
“The Court hereby invalidates and render null and void the publication changing the surname of the 1st and 2nd children from Obayan to Abua Obi.
“The Court also invalidates any other publication or whatsoever changing the surname of the Children from Obayan to Abua Obi during the pendency of this case.”