The family of Lilian Chibuzor Abua, whose former husband, Ayodeji Obayan, dragged her to a customary court in Akure, the Ondo state capital, over an attempt to change the paternity of his four children, has stated that the court never granted Obayan the paternity of the children.
The family emphasised that Obayan could not be granted the paternity of the four children to Prophet Obayan because he failed to perform the marriage rites according to Igbo tradition, from where his estranged wife hailed.
Speaking on behalf of the family, the spokesperson, Emmanuel Azubuike, said there were misconceptions in the judgement of Magistrate Rotiba, clarifying that the earlier order of the court ceding the children to Lilian Chibuzor stands, and there was no contrary order to that effect.
Azubuike maintained that it is forbidden for anyone who did not pay the dowry or bride price for their daughter from Igbo land to have custody of the children during the course of the relationship.
The family spokesperson explained that Chibuzor Lilian, who hails from Abia State, never had a bride price or dowry paid by Obayan, who hails from Ondo State. He emphasised that there was no legal binding on them as a couple despite living together for over 23 years.
He said, “In Igbo culture if a woman gets pregnant out of wedlock and gives birth without the dowry being collected by her family, the child bears the woman’s maiden name.
There is no way the father of the child can lay claim to the child or children if he has not paid their mother’s dowry.”
“Let it be known that the children from this union are not kids; they are between 16 and 23 years old, and they are grown and can make decisions for themselves.
They saw the maltreatment being meted out to their mother by a man who was supposed to be their father. Now they are happier without him and have chosen a path of happiness without Ayodeji.”
Azubuike stated that the family agreed with the family’s lawyer that the court does not have the vires and the requisite jurisdiction to determine the same, except for the last child of the ‘marriage’ who is still 16 years old.
According to him, the court ruled that the petitioner failed to establish the existence of a valid customary marriage.
The judge mentioned that although they once lived together and had four children, he had no hesitation in dissolving the union based on the fact that the woman is now legally married to Prince Abua-Obi.
There were media reports claiming that an Ondo Customary Court, presided over by Magistrate Stephen Rotiba, had awarded custody of the four children to Prophet Obayan, but the Abua family refuted these claims, stating that no such decision was made by Magistrate Rotiba.