The Sharia Court of Appeal in Abuja on Tuesday adjourned until Oct. 28, hearing in an application filed by a businessman, Alhaji Ibrahim Ado against his former wife,
By Edith Nwapi
The Sharia Court of Appeal in Abuja on Tuesday adjourned until Oct. 28, hearing in an application filed by a businessman, Alhaji Ibrahim Ado against his former wife, Hajiya Adama Indimi.
A -three -member panel of the court led by Grand Khadi Ibrahim Immam, adjourned the case after parties in the matter notified it that there were pending application and counter arguments.
Indimi and Ado got married on Aug. 8 ,2020 but separated on Aug. 26, 2024.
Their divorce was formalised at the Upper Area Court in Abuja, which issued a valid divorce certificate.
At the time of separation, they had a child who was a little older than one year.
Under Islamic law, a child must remain with the mother, while the father was deemed fully responsible for the child’s financial upbringing.
Following this, Indimi’s counsel, Mr Mohammed Aliyu filed a complaint at the Upper Area Court, Kado, seeking Full custody of the child .
The applicant/ claimant further asked for a monthly maintenance fee to be paid by the father, covering: Feeding Clothing Social amenities Salary for the child’s Filipina nanny (USD 1,000 + ₦100,000 monthly)
She also sought for an order compelling the father to pay both conventional and Islamic school fees once the child attains school age.
She further prayed the court to compel her former husband to assist with all legal documentation for the child (birth certificate, National ID, international passport, visa).
Counsel for Ado, Mr Darlington Onyekwere conceded custody to the mother, and the court entered part judgment accordingly.
However, while the claimant initially requested 2,000 dollars monthly, the defence offered one million Naira monthly.
The counsel also proposed that school fees be paid directly to the school, not through the mother.
Later, the defence sought to amend their counterclaim (paragraph 5), which had originally proposed one million Naira payment.
The applicant counsel then requested the court to compel the defendant’s personal appearance and to present his six-month bank statements to prove financial capacity.
The lower court granted this request.
Not satisfied with the order of the lower court, the respondent filed an appeal at the Shariah Court of Appeal against the ruling that compelled his attendance with bank statements.
He alleged that the presiding judge, was biased.
Meanwhile, the claimant / applicant asked the Upper Area Court, Kado, to issue a bench warrant for the defendant’s arrest to ensure his appearance.
The matter is pending at the Upper Area Court, Kado, which was adjourned until Oct. 27 for continuation.
At the resumed hearing of the appeal on Tuesday, the applicant (Ibrahim Ado) ‘ counsel, Mark Asu-Opi, held for Darlington Onyekwere told the court that the respondent (Adama) served them counter-affidavit this morning.
He said they needed time to study it and reply and asked for a date.
Responding, the respondent counsel, Mohammed Aliyu told the court that regardless that they were served today that they filed within time.
He added that this court is not court of technicalities that nothing stops them from moving their pending application and they will move theirs.
Responding further, the applicant counsel told the court that the issue of within time is academic because they were served this morning and they have the right to study it.
After listening to both parties, the court adjourned until Oct. 28 to hear both parties applications. (NAN)(www.nanews.ng)