Court ends 21-year-old marriage over insanity claim by husband

A Badagry customary court in Lagos on Friday ended a 21-year-old marriage after the husband had allegedly walked away from his home for over two years, claiming he was insane. The president of the court,  Barrister Sikirudeen Adekola, held that the court was convinced that the marriage, which was contracted in 1998, had broken down […]

A Badagry customary court in Lagos on Friday ended a 21-year-old marriage after the husband had allegedly walked away from his home for over two years, claiming he was insane.

The president of the court,  Barrister Sikirudeen Adekola, held that the court was convinced that the marriage, which was contracted in 1998, had broken down irreparably and should be ended.

The petitioner, Mrs Akinmulero Funmilayo, had informed the court that the husband, Oyekunle Akinmulero, was not caring for his family and was always beating and threatening to kill her.

Funmilayo told the court that Akinmulero had deserted their matrimonial home for over two years and gone to stay with another woman, and not because he was insane.

She added she had no peace of mind because of the husband’s behaviour.

The woman asserted that Akinmulero deserted the home because he could not execute a N500,000 contract he was awarded by a man, who she said reported him to the police at the Ijanikin police station.  The petitioner called as a witness, her daughter, who testified that her father was not insane.

Akinmulero, who came to the court only once after several adjournments, denied he deserted his family intentionally, as he maintained he was insane.  He urged the court not to grant Funmilayo’s prayer as he was not ready to abandon his family.  But the court held that at the time the suit was filed, the respondent had already deserted his home and family for over two years, which showed he was “irresponsible and was not taking care of his immediate family.”

The court expressed its satisfaction with “uncontroverted evidence” that Akinmulero threatened to kill his wife, adding he was bringing another woman into his matrimonial home, a  development which disturbed his wife.

The court ordered that the custody of the three children of the marriage should be given to the petitioner.