CORAM
ESO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
AGBAJE, JUSTICE SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
PARTIES
FEBISOLA OKWUEZE
APPELLANTS
PAUL OKWUEZE
RESPONDENTS
AREA(S) OF LAW
MATRIMONIAL CAUSES – CUSTODY OF CHILDREN UNDER CUSTOMARY LAW
SUMMARY OF FACTS
The appellant was granted custody of children by the customary court without any evidence on what is best for the children.
HELD
The court set aside the decisions of the lower courts and held that given the ages of the children at the date of judgment, the appellant is only entitled to the custody of the last child who was about 13 years old.
ISSUES
1. Whether the Court of Appeal was not wrong in awarding the custody of the children of the marriage of the parties to this appeal to the Respondent herein without first ascertaining by due inquiry and adequate consideration the interest and welfare of the children of the said marriage.
2. Whether the Court of Appeal did not wrongly apply the decision in Ekpeyong & Ors. v. Nyong & Ors. (1975) 2 SC. 71 to the appeal before them and to the effect that the award of custody of the children of the marriage to the appellant herein by the appellate High Court was wrong in that she never requested or asked for same in her writ.
3. Whether the award of custody of the children of the marriage to the Respondent herein by the trial court and the Court of Appeal was not based on wrong considerations and whether the said award was supported by clear evidence.
4. Whether the learned Justices of the Court of Appeal did not misdirect themselves in law when they held that there was no evidence on which the appellate High Court based its order and conclusion that the issues of the marriage had been staying with the appellant herein before the divorce decree was made by the Trial Court
RATIONES DECIDENDI
GRANT OF CUSTODY OF CHILDREN UNDER CUSTOMARY LAW
Under most systems of customary law in Nigeria the father of a legitimate child or legitimated child has absolute right to custody of the child. However customary law recognises that the absolute right of the father will not be enforced where it will be detrimental to the welfare of the child – Uwais J.S.C.
THE PROPER WAY TO DETERMINE CUSTODY UNDER CUSTOMARY LAW.
The only proper manner in which the custody of a child under customary law can be determined is by specifically taking evidence to establish what is in the best interest and welfare of the child – Uwais J.S.C
CASES CITED
Hall v. Hall (1945) 62 TLR. 151 CA
STATUTES REFERRED TO
The Customary Courts Law, Cap 33 of the Law of Ondo State, 1978