Court declares marriage invalid over nonpayment of bride price
For any customary marriage to be lawful in Nigeria, there must be payment of dowry, capacity to marry and presentation of gifts
A Grade A Customary Court in Ibadan on Thursday invalidated the marriage between one Sunday and Tosin Orilayo due to nonpayment of the bride price.
Delivering judgment on a divorce case filed by Sunday, the court President, Mrs S.M. Akintayo said that there was no marriage to be dissolved between Orilayo and Tosin due to the absence of payment of bride price.
Akintayo added that for any customary marriage to be lawful in Nigeria, there must be payment of dowry, capacity to marry and presentation of gifts.
“Since the above requirements were absent, the marriage between the duo is invalid.
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“Custody of the second child is granted to the petitioner while the respondent is granted custody of the first child.
“Orilayo is ordered to take full responsibility on the education and general welfare of the two children henceforth.
“Both the petitioner and the respondent must provide each other reasonable access to the children,” Akintayo held.
The petitioner, Orilayo, had in his divorce suit, accused his estranged wife of infidelity and unruly behavior.
Orilayo, a carpenter, of Alata road Ifesowapo area of Ibadan and a father of two, said that he truly loved Tosin his wife and could do anything for her sake, hence, the reason why he allowed his monthly salary to be paid into her bank account.
He expressed sadness that Tosin became so unruly immediately after they started living together.
“My lord, Tosin suddenly became unruly and a liar. At some points, she spent most of my salary and merely gave me the remaining balance.
“I had no access to my monthly earning and she decided to be giving me a meagre amount that was not even enough for my transportation when I was working outside Ibadan.
“Later, Tosin started having an extra-marital affair with a man whom she referred to as her lover.
“She eventually moved out of my home with our first child in January this year,” Orilayo said.
However, Tosin denied the allegation of adulterous lifestyle leveled against her, adding that her husband could not substantiate his accusation against her.
Tosin, a trader and a resident of Opere village near Ibadan said that Orilayo paid no bride price on her.
“I’ve moved out of his home since January because there have been no form of communication and relationship between both of us since he started accusing me of infidelity in 2020,” Tosin said.
