A Customary Court in Akure, has issued a judgment dissolving a 23-year marriage between Lagos-based church founder, and his Prophetess wife.
The court on Wednesday addressed the paternity of their four children, as the estranged wife had changed their surnames to that of her new partner, who was a former member of the husband’s church.
Prophet Obayan is the founder of Divine Prophetic Solutions Prayers Ministry, located in Lagos, and his wife, Prophetess Chibuzor Obayan were married before and ran the church together until things went sour.
Background
Obayan had initiated legal proceedings against his wife, alleging that she had “snatched” his four children and changed their surnames to her lover’s name.
He filed for divorce, citing a breakdown of the 23-year marriage, and requested custody of the children.
During the proceedings, the prophet, who is Yoruba, accused his wife, an Ibo from Abia State, of disobedience, misunderstandings, lies, manipulation, abuse, hate, and rage.
He also raised concerns about the change in his children’s surnames to “Obi,” which reflected the name of his wife’s new partner.
The respondent’s lawyer argued that there was no customary marriage between the parties, pointing out the absence of essential elements of customary marriage in Ibo land.
These elements included a treaty, concept of parental agreement, handing over of the bride, and the payment of bride price.
In contrast, the petitioner’s counsel contended that a marriage ceremony had indeed taken place, and witnesses testified to its existence.
The petitioner’s counsel cited relevant legal precedents in support of his argument.
Read Also : Court Orders Petlink International to Pay Unpaid Commissions
Court’s Decision
In delivering judgment, Magistrate Segun Stephen Rotiba dissolved the marriage, stating that the parties had lost interest in the union.
The court found that the children, whose custody was sought, had already reached adulthood.
Regarding the change of surnames, the Court noted the Ibo custom cited by the respondent and her witnesses, which allowed the children to bear the name of the man who paid the bride price, rather than the biological father.
The court strongly condemned this custom, describing it as atavistic, barbaric, evil, ungodly, irrational, discriminatory, and insensible.
The Court went further to declare the custom null and void and invalidated the publication changing the surnames of the first two children from “Obayan” to “Abua Obi.”
The Court considered this act an affront and a violation of its jurisdiction.
