An Ibadan based woman, Mrs. Olufunke Jelilat Owoade, has raised an alarm over what was called cohabitation by experts rather than marriage with Mr Abass Adeduntan which produced four children and has appealed to necessary authorities in Oyo state to come to her aid to help her retrieve her three children from their father whom she accused of physical assaults, lack of parental care, and lack of capacity to provide custody to the three children who are within the range of 11 and 18 years of age
She alleged Mr Adeduntan of allegedly forcefully taking away three children from her following irreconcilable differences emanating from alleged physical assaults, abusiveness, and toxicity of their cohabitation.
Mrs. Adeduntan alleged that she had endured series of domestic violence which now portend threat to her life and that of her three children who she said currently live with her estranged partner somewhere in single room self contain apartment in Abuja.
A credible family source who spoke with sunrisebulletin.com on Friday 12th March, 2021, explained that the union which has been described as mere cohabitation between Olufunke Jelilat Owoade and Abass Adeduntan was not a legalized but her family are aware of their relationship noting that it was merely a family arrangement in form of family introduction.
The source maintained that it became imperative to seek attention of necessary authorities to wade into the matter after all efforts and attempts to resolve the crisis via family channels have failed.
According to the family source, Mr Abass Adeduntan who was said to be step-brother of the current Managing Director of First Bank Plc, Dr Adesola Kazeem Adeduntan, has lived as couples with Mrs. Olufunke Owoade for over 18 years.
The union, which according to the source produced four children, two boys and two girls while it lasted, has however, hit the rock according to the source when Mrs Adeduntan, could no longer withstand several physical assaults she was faced with while they lived together as couples.
According to the source, Mrs. Owoade had approached a social welfare office in Ibadan as part of efforts to legally take custody of her three children from Mr Adeduntan on ground that her ex lover lacked the capacity to provide a comfortable shelter and also perform parental duty on the children due to Mr Adeduntan’s lack of any known sustainable source of income.
She further alleged that aside from Mr Adeduntan’s ability to give the children, who are now mostly growing into adulthood, education, their physical, psychological, and academic needs are in danger due to lack of parental care and attention from Mr Adeduntan who currently has what has been described as “forceful custody” of the children.
According to an eyewitness report, the Ibadan based social welfare office, after several futile efforts made to bring both estranged lovers to a round table discussion had told Miss Owoade and her family that it lacked jurisdiction to entertain cases outside Oyo state and would require Mr Adeduntan who now lives at one single room self contain apartment somewhere in Abuja, to come to Ibadan.
Speaking on the marital issue, Mrs. Aderonke Adegbite, a renowned law lecturer and Head of Department (HOD) of Public Law, Faculty of Law, Lead City University, Ibadan, noted that since they man and woman were not legally joined together, they could not be referred to as husband and wife.
Mrs Adegbite who also specializes in family law, maintained that the man and woman in question only cohabited in the face of the law and not married noting that their cohabitation only produced children which only the court of competent jurisdiction has powers to proffer legal interpretations to.
She also noted that the Nigerian constitution provides adequately for rights of children in the Child’s Rights Act in such circumstances which according to her can be pursued at the family court since it was a case of cohabitation and not marriage.
She explained that it was wrong for either father or mother of the children to deny the other access to the children they jointly owned noting that forcefully taking custody of the children by either of the parents could be tantamount to kidnapping which is a great crime.
Mrs. Adegbite however, advised that Mrs. Adeduntan should get lawyers to help her pursue her case at the family court of law which has competent jurisdiction to handle the case rather than going to a social welfare office.
The lecturer however, noted that since the first child who is a girl, is already 18 years old, she is seen as an adult in the face of the law and does not have any protection under the Child’s Rights Act as may be guaranteed in the case of minor which is children below the age of 18.
Also speaking, lawmaker representing Lagelu State Constituency at the current 9th Assembly the state legislative arm, Honourable Akintunde Olajide, maintained that it is the duty of a law court to give legal interpretation to the marital issue which could better be pursued at the family court.
Hon Akintunde therefore, advised that Miss Owoade should engage the service of a lawyer and approach a court of competent jurisdiction for her claims.
“Our duty is to make laws for the judiciary to interpret to ensure equity and justice to all. The woman in question should simply get a lawyer and approach a court of competent jurisdiction for her claims since according to her, their union which in my opinion was merely cohabitation, was not legalized and her supposed husband forcefully took away three children thereby, denying her access to her children,” Hon Akintunde said.
The source however, stated that the three children in the custody of Mr. Adeduntan, have consistently reached out to their mother and other family members of their mother via phone calls, and appealed for their urgent retrieval from Mr Adeduntan’s custody.
