In a surprising turn of events, a Grade A Customary Court in Ibadan has ruled that the marriage between Sunday and Tosin Orilayo is invalid due to the nonpayment of bride price.
The court’s decision was made on Thursday following a divorce case filed by Sunday Orilayo.
Delivering the judgment, the court president, Mrs. S.M. Akintayo, stated that the absence of bride price meant there was no lawful marriage to dissolve between the couple.
A Landmark Judgment on Customary Law
Mrs. Akintayo emphasized that for a customary marriage to be valid in Nigeria, there are certain requirements that must be met, including the payment of bride price, the capacity to marry, and the presentation of gifts.
“Since the above requirements were absent, the marriage between the duo is invalid,” Mrs. Akintayo ruled.
This decision has sparked discussions about the importance of traditional customs in Nigerian marriages and the legal implications of failing to meet these customs.
Custody of Children Settled
In addition to invalidating the marriage, the court also made a decision regarding the custody of the couple’s two children.
The court granted custody of the second child to the petitioner, Sunday Orilayo, while the respondent, Tosin Orilayo, was awarded custody of the first child.
Furthermore, the court ordered that both parties share responsibility for the children’s welfare.
“Orilayo is ordered to take full responsibility for the education and general welfare of the two children henceforth,” Mrs. Akintayo added.
Both parents were also instructed to provide each other reasonable access to the children, ensuring that they maintain a balanced relationship with them despite the dissolution of the marriage.
A Broken Marriage
In his divorce suit, Sunday Orilayo accused his estranged wife, Tosin, of infidelity and unruly behavior.
According to Sunday, their relationship deteriorated after they started living together.
“I truly loved Tosin, and I could do anything for her,” Sunday said in court. He even revealed that he allowed his monthly salary to be paid into her bank account in a bid to support their home.
However, he claimed that Tosin became “unruly and a liar” after their marriage.
Sunday described how Tosin started spending most of his salary and giving him only the remaining balance, which was not enough for his daily transportation when working outside Ibadan.
Things took a turn for the worse when Tosin allegedly began an extramarital affair with another man, which Sunday referred to as her “lover.”
“Later, Tosin started having an extra-marital affair with a man whom she referred to as her lover,” he said.
Tosin eventually moved out of their home with their first child in January this year, further straining their relationship.
Tosin Denies Allegations of Infidelity
In her defense, Tosin denied the accusations of infidelity and unruly behavior that were levied against her by Sunday.
She claimed that her husband was unable to provide any concrete evidence to support his allegations.
Tosin, who works as a trader and lives in Opere village near Ibadan, also raised an important point regarding the bride price.
“I’ve moved out of his home since January because there has been no form of communication or relationship between both of us since he started accusing me of infidelity in 2020,” Tosin explained.
Tosin also pointed out that Sunday had not paid any bride price on her. This was a crucial element in the court’s decision to invalidate their marriage.
According to Nigerian customary law, the payment of bride price is an essential component of a valid marriage, and without it, the union cannot be recognized legally.
