IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO: I54HD/2021
COURT 13
BETWEEN
MR DAVID ADEGOKE AKERELE …………………. PETITIONER
AND
MRS OLUWASEYI SARAH AKERELE………………RESPONDENT/ CROSS
PETITIONER
ANSWER TO DIVORCE PETITION/CR0SS PETITION
1. The respondent/cross petitioner denies the entire facts as
contained in paragraph 8 of the petition.
2. The respondent /cross petitioner avers that sometime in
2017 both the petitioner and the respondent got married.
The respondent/cross-petitioner was prevailed upon by
the petitioner to resign from her job as a Secretary in
Insurance Company where as a graduate she earned good
salary. Both the petitioner and the respondent started a
family business christened Seydav Wires & Nails Factory.
The business till today is doing very well but out of
desperation to monopolize it, the petitioner has changed
the name of the family business to Goke & Sons Wire &
Nails Factory. The respondent avers that she contributed
immensely to the growth of the business and therefore
entitle to the share of the business.
3. Before the marriage in 2017, both the petitioner and the
respondent had already given birth to their first child.
After this, the petitioner mandated the respondent to
resign from paid job and stay permanently at home
without adequate provision. When the respondent refused
this idea, the petitioner orevailed on the respondent to
begin work in the family business.
4. Despite the huge turn over from the family business, the
respondent was paid paltry sums of N5000 naira on
monthly basis under the guise that the respondent was
not in need of any money.
5. The respondent worked in the family business for some
times but had to resign because of the poor salary. The
respondent cotemporary were paid N50, 000.00 monthly
while the respondent who was a partner in the business
was paid N5000 monthly.
6. The respondent/cross petitioner avers that she never
knew that the idea behind petitioner insistence that she
should not work anywhere was to keep the petitioner in
poverty and perpetual bondage. The petitioner did not
allow the respondent to visit her family in Ondo State
neither was the respondent allow to visit her friends.
7. The respondent’s family had a wedding ceremony to
attend. The respondent begged the petitioner to attend
but all pleas fell into deaf ears. When the respondent
returned late in the night from the said family wedding
ceremony, the respondent received the beatings of her
life.
8. Following this development, the petitioner refused to
drop any money at home for home keeps neither was any
provision made for the welfare of the children of the
marriage. Any attempt by the respondent to engage the
petitioner in conversation as to the reason for the
maltreatment would attract beatings and wounding. The
respondent/cross petitioner would at the trial of this suit
rely upon pictures/videos wherein the petitioner
mercilessly beat the respondent.
9. When this treatment became unbearable, the respondent
on the 1st September 2020 lodged a complaint at the
Social Welfare Office for assistance.
10. The respondent avers that this very day, the
petitioner came home late in the night. When the
petitioner returned, the respondent engaged him in
further conversation as to what exactly necessitated the
petitioner change of attitude and his refusal to take care
of his family. The petitioner however bought ice cream for
his two children. The petitioner as usual refused to open
up but rather rained insults on the respondent. The
respondent retaliated and this provoked the petitioner.
The petitioner ran towards the respondent but the latter
ran to her room. It was in a self defense that the
respondent used the heel of her shoe to hit the petitioner
so that the respondent could escape another round of
beatings.
11. Some minutes later, the respondent received a call
from Eleyele Police Station that the respondent attention
was needed at the police station. The matter was
eventually resolved and the petitioner was asked to take
of his family.
12. At the Social Welfare Office, the petitioner refused
all the attempts to settle the matter. He insisted that the
respondent must pack her luggage and live his house. He
eventually left the rented apartment wherein both the
respondent and the petitioner live and went to elope with
another woman.
13. The respondent never knew that the petitioner
strategy was to frustrate the respondent so that the
petitioner could marry another wife. The petitioner has
married another woman whom he was dating during the
subsistence of the marriage and both of them now live
together. The respondent shall at the trial of this suit rely
upon the pictures of the petitioner and his new wife.
14. The respondent/cross petitioner avers that since
2017 when the petitioner began his adulterous life- style,
the petitioner’s disposition towards the respondent/cross
petition had changed and he suddenly becomes very
hostile and irresponsible.
15. That the petitioner has deserted the
respondent/cross petitioner for 2years and had
abandoned the respondent with her two kids without
exactly knowing where the respondent and the two
children live.
16. Thus, the Petitioner has behaved irresponsibly and
the respondent finds this behavior intolerable and
unreasonable hence the respondent/cross-petitioner is
not objecting to the marriage being dissolved.
17. Whereof the respondent/cross petitioner
respectfully asks the court to dismiss the petition of the
petitioner.
CROSS PETITION
The respondent/cross petitioner pleads facts in paragraphs 1
to 15 of the answer to the divorce petition.
DOMICILE.
The petitioner is within the meaning of the Act domicile in
Nigeria. The facts which the court would be asked to find that
the petitioner is so domicile is as follows: since the marriage,
the petitioner has always resides at NO 20 Adekunle Adetokun
Street Ologuneru Ibadan Oyo State.
GROUNDS FOR CROSS PETITION
The facts upon which the respondent/ cross petitioner shall
rely upon to prove that the marriage has broken down
irretrievably are as follows
1. That the petitioner has behaved in such a way that the
respondent/ cross petitioner cannot reasonably be
expected to live with the petitioner.
2. The petitioner is an addicted adulterer and thus has
committed adultery while the marriage is subsisting.
PARTICULARS OF THE 1ST GROUND
1. That the petitioner behavior is terribly unreasonable and
the respondent finds this intolerable.
2. That all attempts made by family members and friends to
reconcile them have been abortive as the petitioner
frustrated same.
PARTICULARS OF THE 2ND GROUND
1. The respondent/cross petitioner avers that the petitioner
is in the habit of assaulting her beginning from the time
she refused the petitioner request to stay at home
permanently without working.
2. That the petitioner sleeps around with the lady and has
now impregnated his new wife.
3. That all attempts made by family members and friends to
reconcile them have been abortive as the petitioner
frustrated same.
CONDONATION, CONNIVANCE AND COLLUTION
The respondent/cross petitioner has not condoned or connived
at the grounds specified above and not guilty of collusion in
presenting this petition.
PROPOSED ARRANGEMENT FOR THE CHILDREN
a. Education: Akerele Ayomide is in Nursery 2 while Akerele
Okiki is in Kindergate 2 and both are pupils of Kazlam
International School, Abuja and will progress to
Secondary School and Higher institution to get the best
education
b. Maintenance: the petitioner shall be responsible for the
up keep, education, accommodation, health, maintenance
and general welfare of the children.
CUSTODY
The children have been living with the respondent/cross
respondent. The custody of the children should still be
maintained but the petitioner will be given access occasionally
to visit the children at agreed location.
RELIEFS
A. A decree of dissolution of marriage between the
respondent/cross petitioner and the petitioner based on
the fact that the marriage has broken down irretrievably
and the fact that the petitioner has equally behaved in
such a way that the respondent/ cross petitioner cannot
reasonably be expected to live with the petitioner.
B. Custody: the respondent/ cross petitioner shall
maintain custody of the two children Akerele Ayomide
and Akerele Okiki.
C. Maintenance of the two children Akerele Ayomide and
Akerele Okiki. as follows:
1. Accomodation:N250.000.000 PER ANNUM to cover
2bedroom flat
2. Education: payment of their school fees regularly by the
Petitioner. The School Fees per-time for the two children
is N150.000.00.
3. Feeding: N100,000.00 (One Hundred thousand) Monthly
4. Health: N50.000.00 (Fifty Thousand Monthly)
Dated this ………………………. Day of …………………. 2021
…………………………………………
DAVID FADILE ESQ.,
MICHEAL EKPE ESQ
DAVID FADILE & CO
RESPONDENT/CROSS PETITIONER’S SOLICITORS
SHALOM CHAMBERS
BARRISTERS, SOLICITORS & CONSULTANTS
SHAPATI, LEKKI-EPE EXPRESSWAY LAGOS
08032068949, 08090900286
niyifadile355@[Link]
ADDRESS WITHIN JURISDICTION
AZEEZ ODUNEYE ESQ
BLUEOCEAN SOLICITORS
FIRST FLOOR, LISTER BUILDING,
RING ROAD, IBADAN.
07064422236
For service
Folake Ajayi Mrs
Folake Ajayi & Co
Petitioner’s Counsel
20 Olayide Street Sobande Avenue,
Oremeji Mokola Ibadan
08035721993
Folakeajayi@[Link]
IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO: I54HD/2021
COURT 13
BETWEEN
MR DAVID ADEGOKE AKERELE …………………. PETITIONER
AND
MRS OLUWASEYI SARAH AKERELE………………RESPONDENT/ CROSS
PETITIONER
VERIFYING AFFIDAVIT
Mrs Oluwaseyi Sarah Akerele No NO 20 Adekunle
Adetokun Street Ologuneru Ibadan Oyo State hereby make oath
and state as follows:
1. That I am the Respondent/Cross Petitioner in this suit.
2. That I verify the facts stated in my Cross Petition by virtue
of my personal knowledge of same.
3. That this Petition is for dissolution of the marriage between
me and the Petitioner.
4. That the statement set for the paragraphs of my Cross –
Petition are true and correct to the best of my knowledge,
information and belief.
5. That I depose to this affidavit in good faith in accordance
with Oaths Act.
………………………..
DEPONENT
Sworn to at the Oyo State High Court Registry, Ibadan,
this ………… day of …………………… 2021
BEFORE ME
………………………………………..
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF JUSTICE
OYO STATE OF NIGERIA
IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
SUIT NO: I54HD/2021
COURT 13
BETWEEN
MR DAVID ADEGOKE AKERELE …………………. PETITIONER
AND
MRS OLUWASEYI SARAH AKERELE………………RESPONDENT/ CROSS
PETITIONER
FORM 3
CERTIFICATE RELATING TO RECONCILIATION
I, David Fadile, certify that I am the Solicitor in the office of
David Fadile & Co. representing the Respondent/Cross
Petitioner and that I have brought to the attention of the
Respondent/Cross-Petitioner the provisions of Matrimonial
Causes Act, 1970 relating to organization reasonably available
to assist in effecting a reconciliation between the Petitioner
and the Respondent/Cross-Petitioner and the possibility of a
reconciliation between the Petitioner and the
Respondent/Cross-Petitioner being effected with or without the
assistance of such organization.
Dated this ………………………. Day of …………………. 2021
…………………………………………
DAVID FADILE ESQ.,
MICHEAL EKPE ESQ
DAVID FADILE & CO
RESPONDENT/CROSS PETITIONER’S SOLICITORS
SHALOM CHAMBERS
BARRISTERS, SOLICITORS & CONSULTANTS
SHAPATI, LEKKI-EPE EXPRESSWAY LAGOS
08032068949, 08090900286
niyifadile355@[Link]
