The Ekiti State Customary Court in Ado Ekiti has granted a divorce to Joshua Ajagunigbala and Rita Ajagunigbala after declaring their 22-year-old marriage illegal. According to the court president, Mr Joseph Oyedele, the union was not a legal customary marriage as no bride price payment was made.
In his ruling, Mr Oyedele stated that there was no marriage to dissolve, and the parties were free to go their separate ways without disturbing each other’s peace. However, the court ordered Mr Ajagunigbala to take full responsibility for the welfare and education of their last two children who are still minors.
Regarding the custody of the children, the court awarded the petitioner custody of Olarewaju and Victoria Ajagunigbala, the last two children of the union. The first two children are no longer minors and are free to choose who they want to live with.
The petitioner, Mr Ajagunigbala, had filed for divorce after his wife allegedly had a sexual encounter with a popular herbalist known as “Ejiogbe” in a hotel in Ikere-Ekiti, who later passed away.
The absence of a bride price payment in the marriage was the reason for the court’s decision, highlighting the importance of this cultural practice in customary marriages.
This ruling serves as a reminder to couples intending to get married under customary law to ensure that all necessary requirements, including the payment of bride price, are met to avoid any legal complications in the future.