A Grade “A” Customary Court in Ilu-abo presided over by Magistrate Adedeji .O. Adebisi in Ondo State, Nigeria on Thursday the 4th of May, 2023 has ruled that the marriage between MR. OLANIRAN EMMANUEL ONISILE (PETITIONER/RESPONDENT) v. MRS. OLUWATOYIN ONISILE (RESPONDENT/APPLICANT) for the past 31 years has been a customary marriage and not a statutory marriage against the believe of the wife for the past 31 years.
MR. OLANIRAN EMMANUEL ONISILE the husband has dragged MRS. OLUWATOYIN ONISILE his wife before the Court, urging the Court to dissolve their 31 years old marriage on Grounds that the marriage has broken down irretrievably.
The Learned Counsel representing the Petitioner (husband) Barrister A. P. Amuluku Esq. had filed before the Court on the 15th day of March, 2023 this matrimonial matter with details of how the marriage was celebrated as follows:
“…The Petitioner then a bachelor was lawfully married to the Respondent then a Spinster on the 17th July, 1992 according to the Yoruba Native Law and Custom and marriage was blessed on 18th July, 1992 at the Evangelical Church of Yaweh, Akure, Ondo State, Nigeria…”
And among other orders sought is:
“A DECREE of dissolution of the marriage contracted between the Petitioner and the Respondent on the 17th July, 1992 according to the Yoruba Native Law and Custom and blessed on the 18th July, 1992 at the Evangelical Church of Yaweh, Akure, Ondo State, Nigeria, on the grounds that the marriage has broken down irretrievably”
The Learned Counsel representing the Respondent Barrister Olabanjo Ayenakin, Esq. in reaction to this suit filed preliminary objection dated 21st of March, 2023 seeking that the matter be struck out or dismissed for want of jurisdiction; on the grounds that the marriage under discussion is a statutory marriage and not a customary marriage.
After hearing arguments from bother Counsels: Olabanjo Ayenakin, Esq. and A. P. Amuluku, His Worship Adedeji. O. Adebisi, in his ruling, relied heavily on the fact that the origin of the marriage certificate MRS. OLUWATOYIN ONISILE relied on to claim the existence of a statutory marriage was not traced to the church, the local government or any constituted authority; despite the fact the authenticity and validity of the marriage certificate was heavily under fire. On the other hand MR. OLANIRAN EMMANUEL ONISILE had brought evidence before the court from MINISTRY OF INTERIOR that the church where the marriage was blessed was not a licensed place of worship where a marriage can be celebrated. Also, the Registrar of Marriage in Akure South Local Government covering statutory marriages celebrated within the local government wrote to the Court that they have no record whatsoever about the marriage certificate or celebration of the marriage under contention.
His Worship Adedeji. O. Adebisi in his ruling had this to say: “…..If churches are allowed to conduct statutory marriages without the input of the local government and other relevant constituted authorities, that will desecrate the institution of marriage, express provisions of the law regarding proof of marriage as well as the sanity of our society by creating a banana republic of all sorts of ‘statutory’ marriages as long as any marriage certificate is brandished even if it was designed by a business center operator. This will not only make mockery of our laws, it would reduce the institution of marriage into a steady unit of dissonance and prevarication”.
Conclusively, the Presiding judge, His Worship Adedeji . O. Adebisi whilst ruling on the preliminary objection held that:
“May the day never come when a Court will not be able to adjudicate on what will evidence whether it has jurisdiction or not, especially where the claim (writ) expressly on the surface falls within the purview of the jurisdictional coordinate of the Court.
Flowing from all issues resolved above, I cannot see my way through as to rule that a valid statutory marriage exist between parties as to be able to subsume the customary marriage parties have unanimously agreed to its existence. For this reason, I hold that there is no valid statutory marriage in sight that has subsumed the existence of the customary marriage celebrated on the 17th July, 1992. The notice of Preliminary Objection filed on the 21st of March, 2023 is dismissed. I so hold.
Hence, as it stands what I have before me to adjudicate upon is the marriage contracted between the Petitioner and the Respondent on the 17th July, 1992 according to the Yoruba Native Law and Custom flowing from the rules of this Court. I so hold”.
The Court adjourned the matter to the 5th of June, 2023 for trial.
