Akinwale Akntunde
An Ikeja High Court on Monday dismissed the suit instituted by Mrs. Taiwo Obasanjo, ex-wife of former President Olusegun Obasanjo, seeking to stop her son’s wedding.
Justice Lateefa Okunnu dismissed the suit on the grounds that her court, being a family court, does not have the jurisdiction to entertain a matter involving an adult who is over 33 years old.
Mrs. Obasanjo, in an originating motion on notice filed by her lawyer, Mr. Toyin Olowoyobijo, had sought an order for the postponement of the wedding of her son, Olujonwo, to Sir Kessington Adebutu’s daughter, Tope, to any other date after June 30, 2017 on the grounds of some spiritual advice.
The former president and father of the bride, Adebutu, better known as Baba Ijebu, a lottery business mogul, were the respondents to the suit.
Mrs. Obasanjo, who is the twin sister of Chief Kenny Martins, the former Coordinator of the Police Equipment Fund, wanted the court to declare that as the mother of the groom she had parental rights to take part in the deliberations, decisions and activities leading to the ceremony.
She stated that the wedding invitations had been issued without her involvement in the preparations for the upcoming nuptials.
According to her, prior to the fixing of the wedding date, she had a premonition regarding her son who will turn 34 on June 1.
She also prayed the court to compel all stakeholders in the wedding to agree to postpone the wedding so as to allow her perform her parental duties towards her son.
Addressing the court on Monday, Mrs. Obasanjo’s lawyer, Mr. Adeyemi Adegbite, urged the court to grant their prayers by postponing the wedding in the interest of his client’s son’s welfare.
But counsel to the respondents, Mr. Bode Olanipekun, urged the court to dismiss the suit on the grounds that the court lacked the jurisdiction.
Olanipekun, who cited Section 18 of the Marriage Act and Section 261 of the Child’s Act to buttress his argument, added that the court lacked the jurisdiction to hear the matter because the child in the suit was above 18.
“The respondent lacks the requisite locus standi to institute this action. Further, the respondent’s claim is not premised on any cognisable legal right. The instant suit is academic and speculative.
“The suit does not fall within the purview of the court’s jurisdiction under the Family Court of Lagos State (Civil Procedure) rules, 2012.
“The present suit as constituted violates Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
“The suit is a gross abuse of court process,” Olanipekun submitted.
He also drew the attention of the court to a letter purportedly written to a church that the court had given an injunction stopping the wedding.
In a short ruling, Justice Okunnu held that her court, being a family court, did not have jurisdiction to entertain a matter involving an adult who is over 33 years old.
“On March 27, 2017 I directed counsel to address me on whether this court has jurisdiction to entertain a suit over a child that is an adult.
“This court adjudicates on matters involving children under 18 years and the subject matter in this suit is a 33-year-old adult.
“I regret to say that this court does not have jurisdiction to hear this matter. Moreover this suit does not disclose any cause of action.
“This suit is hereby dismissed in its entirety,” the judge ruled.
The judge also noted that the letter purportedly written to the church conducting the wedding was premised on a wrong notion, as she never made a pronouncement concerning the wedding.
