An Ekiti State Customary Court, in Ado Ekiti has voided the 22-year-old marriage between a cleric in the state, Joshua Ajagunigbala and his wife Rita, over irreconcilable differences especially infidelity.
The divorce-seeking pastor had approached the court to end the union blessed with four children following allegations of promiscuity committed by his wife, the recent being with a popular herbalist in Ikere-Ekiti, headquarters of Ikere Local Government Area of the state.
The herbalist, identified as Kehinde Fadayomi (Ejiogbe) was suspected to have died of magun(thunderbolt), after engaging in a sex romp with the cleric’s wife in a hotel on January 2, 2023.
The cleric in a petition pleaded with the court to dissolve their union on the accounts of adultery and also pleaded for the custody of their children.
The petitioner in his evidence stated that he did not pay the respondent’s dowry, adding that they had both lived together for more than 22 years.
He added that this would be the third time he would drag his wife to court on the grounds of adultery.
Joshua stated that the respondent in 2017 had an illicit affair with an herbalist called Ifadayomi AKA Ejiogbe who is now late.
He gave evidence on how the man died on the respondent while having sex in a hotel in Ikere-Ekiti on 2nd of January, 2023 which led to thugs destroying his house and his church at Ikere.
Joshua was equally suspended by his church authority.
The petitioner as a result of these stated that he was no longer interested in the union and pleaded with the court to dissolve it and grant him custody of their children.
Delivering his judgement, the court president, Joseph Oyedele, said there was no legal customary marriage between the two, declaring that both were, therefore, free to go their separate ways.
He said: “Having gone through all the oral evidence presented before this court, it was discovered that there was no legal customary marriage between the parties and as such there was no marriage to be dissolved.
“The court here-by declare that both parties are now free to go their different ways and maintain peace.”
Oyedele, however, ordered that the petitioner take full responsibility for the welfare and education of the last two children because they are still minor.
“On the issue of the custody of the children, the court can only give order on the last two children of their marriage because they are yet to reach the age of maturity. The first two children are free to decide with whom they want to live between the two parties because they are no longer minor.
“However, the court orders that the last two children of the union are to be with the petitioner and he should be responsible for their welfare and education.”
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