Contrary to the claims by the former Chairman of the defunct of Skye Bank Plc, Mr Tunde Ayeni, that the court ruled in his favour in a suit he filed against an Abuja-based lawyer, Bar Adaobi Alagwu, the Customary Court of the Federal Capital Territory (FCT), Dawaki, Abuja has declined jurisdiction to entertain the suit.
In the certified true copy of the ruling obtained on Wednesday, the Customary Court further held that it had no power to entertain the reliefs sought by Ayeni in the suit as at is trite law that one can’t place something on nothing and expect it to stand.
Tunde Ayeni had filed the suit marked FCT/CC/CV/DK/M/ 03/ 2025 against Adaobi, following a dispute over the paternity of a baby girl as he claimed that he is not the father of the girl – child and urged the court to declare that no customary law marriage exists between him and Adaobi.
But Adaobi later filed preliminary objection against Tunde Ayeni and joined issues against the former chairman of the Skye Bank.
In the ruling delivered by the Presiding Judge, Hon Adlin Uche Achoru and two judges: Hon Olowu Ojo Ajiboye and Hon Stephen Olumide Agbede, the court said, “The matter before us is between John Olatunde Ayeni and Jennifer Adaobi Alagwu and not John Olatunde Ayeni and Abiola Ayeni.
“The relief also sought is a declaration that no customary law marriage exists between John Ayeni and Adaobi Jennifer Alagwu.
“This exhibit shows that bride price was paid by Tunde Ayeni on Ms Alagwu and has been returned so no marriage can exist between the parties before us as the purported customary law marriage of parties before us is illegal ab-initio and has been dissolved by parties.
“The only thing the court can do at this junction is to make a declaration that there never was and never has been any marriage between the parties.”
Declining to make pronouncement on the grounds of lack of jurisdiction, the court said, “By the provision of S.33(1) of the Marriage Act, the only party here who can sue for bigamy is Mrs. Abiola Abosede Ayeni.
The court further held that , “ Now having ruled that parties were never married under customary and line with No.1 of the schedule to the FCT Customary Court Act, 2007, this court has no power whatsoever to entertain the reliefs sought by the Applicant/Respondent in this suit.
“It is trite law that you can’t place something on nothing and expect it to stand. See MACFOY v UAC (1961) 3 ALLER 1169 @ 1172. This suit only succeeds to the extent that no marriage exists between parties before us. That’s the ruling of this court.”
The court also held any aggrieved party with any part or whole of the ruling is at the liberty to appeal to the FCT Customary Court of Appeal and challenge its decision.
It is instructive to note that Tunde Ayeni had recently granted a syndicated interview in some national newspapers and online publications where he made certain allegations against Adaobi and the baby child.
THE JUDGEMENT
JUDGEMENT BETWEEN JOHN AYENI V ADAOBI
