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Court says a woman no longer desired by a man must be compensated when sent out of matrimonial home

  • Declares marriage valid without bride price
  • Awards ₦3million damages to wife

An Upper Customary Court of  Kaduna State, Kafanchan Judicial Division has held that a woman can not be sent out empty-handed from a matrimonial home when the man is no longer interested in the relationship.

The court presided by His Worship Emmanuel J. Samaila, Esq. and a Member, Mr. James K. Kajang also found that under Kamantan custom, the consent of a lady’s father, even without a bride price is sufficient to create a valid marriage.

Noting that even sex workers, who neither bear children for the men they relate with nor perform domestic chores get paid for their services, how much more a woman that bore and took care of four children for 17 years without the support of their father, Judge Samaila said: “A woman is not a baby-making machine or an inanimate home-keeping device to be used and dumped at will without consequences merely because she is married under customary law.”

Part of His Worship’s verdict in the matter between Theresa Yohanna v. Yohanna Bako wherein Theresa sought a dissolution of their marriage and the payment of N6million by Bako as damages for fending of his four children for 17 years without support reads:

“The importance of determining the nature of the relationship between the parties cannot be overstated. This is because of the rights accruing to such parties which are dependent on the legal status of the parties’ relationship…Apparently, in order to avoid his daughter giving birth at home, the Petitioner’s father opted to give her out to the Respondent in marriage, as perceived and described by her, despite the non-performance of her marriage rites, an act signified by the payment of the bride price.

“It can be deduced from the foregoing that under Kamantan custom, the consent of a lady’s father is sufficient to create a valid marriage. It is also deducible that the payment of a lady’s bride price is one of the requirements in the process of creating a valid marriage under Kamantan custom. It can also be deduced that the payment of the bride price can be postponed if the lady’s father gives his consent and his daughter to the man who impregnated her but admits responsibility.

“Considering the foregoing, we are of the view that the non-payment of the bride price by the Respondent does not affect the validity of the parties’ marriage under Kamantan custom and we so hold. Rather, the non-payment of the bride price by the Respondent speaks of his character seeing that he was comfortable living and procreating with another man’s daughter without seeing the need to honour her parents who allowed him to take their daughter as wife…

“In proof of her claim for damages, the Petitioner, as PW1 testified that she has been the one solely taking care of the parties’ children for the past 17 years after her separation with the Respondent. Her evidence that the children remained under her care after the Respondent married another woman and moved to Port Harcourt was not challenged under cross-examination.

“Even though the Petitioner was away from their matrimonial home after being sent away by the Respondent, it is indisputable that she has been there for her children… It is not in dispute that the parties lived together in the Respondent’s family house where she gave birth to four children who were so used to their grandparents’ house that they refused to move with the couple to their matrimonial home…

“[M]ust a wife make monetary contribution to the building of a matrimonial home before she owns a stake in it? We answer this question in the negative. A woman who was impregnated by a man and taken home to live with him and bear more children for him cannot be said to have made no contribution to the building of their matrimonial home.

“A woman, especially one married under customary law, is not a man’s slave or a piece of property a man acquires for domestic chores and procreation that can be dumped at will without consequences. The dignity of women married under customary law is not an iota less than that of their sisters in statutory marriage. The reason is simple: they are all equal beneficiaries of the constitutional right to the dignity of person. See Section 34 Constitution of the Federal Republic of Nigeria 1999.

“It is disheartening and disturbing that a man sees nothing wrong in taking a woman away from her parents and dishonourably neglects to go and perform her marriage rites despite having four children by her. We are perplexed: how will such a man even have the moral standing to say that the woman has made no contribution to the building of their matrimonial home?

“A woman who gave her all and was committed to her marriage to the extent of birthing four children with the Respondent cannot be said to have contributed nothing to the building of their matrimonial home just because she probably did not make any direct financial contribution that she can prove.

“Secondly, should the labours of the Petitioner as a homemaker and nurturer of the parties’ children, who also met the Respondent’s conjugal needs, be treated as the works of a mere maid or a mistress? Even sex workers, who neither bear children for the men they relate with nor perform chores in a matrimonial home amidst discharging parental duties to such men’s children, get paid by their patrons. How much more deserving is a wife to be treated with dignity rather than ignominy such as having her personal effects thrown out of her matrimonial home in the full glare of her children and passersby and left to fend for herself for 17 years while the Respondent remarries and moves on with his life?

“How is such a woman expected to start life after giving her all to bearing and nurturing their children and also building their matrimonial home? A woman is not a baby-making machine or an inanimate home-keeping device to be used and dumped at will without consequences merely because she is married under customary law. No matter the degree of animosities or irreconcilable differences which may exist between spouses, care should be taken to treat each other as persons with dignity. Being married, especially married under customary law, does not and cannot reduce or take away the dignity of a woman.

“Thirdly, is it equitable to treat a woman, such as the present Petitioner, who gave her youthful and fruitful part of her life to a marriage with the Respondent, as undeserving of a compensation in the form of damages when the man she had hope to live together with forever no longer desires her as a wife and throws her out of their matrimonial home?

“Finally, can it, in good conscience, be held that a woman such as the Petitioner is undeserving of a compensation having lost the love of her life, the comfort of her matrimonial home and the opportunity to nurture her children as every mother would desire?

“As a way of treating women with the dignity they deserve and are constitutionally entitled to, a woman who is no longer desired by a man ought to be compensated when the man sends her out of their matrimonial home empty-handed, especially the Petitioner in the instant case who was left to fend for herself and nurture their children for 17 years while being married to the Respondent. It is noteworthy that the provisions the Respondent said he made for his children is not the major constituent of what the welfare of a child entails as the “happiness of the child and his psychological development” are more important. See Odogwu v. Odogwu (1990) 2 NWLR (Pt.225) 539 at 559-560, paras. H-A. That was what the Respondent could not give as he was far away in Port Harcourt with another wife…

“Therefore, damages in the sum of N3million is hereby awarded in favour of the Petitioner against the Respondent. The whole sum she claimed could have been awarded to her but for the fact that she has children with the Respondent who will still be catered for. Moreover, she is also expected to make contributions, monetary or otherwise, towards the upkeep of their children as part of her motherly care.

“The sum of N100,000 is awarded as the cost of this action in favour of the Petitioner against the Respondent. The total judgment sum, N3.1million shall be paid within 30 days from today, 9th January, 2025. Interest at the rate of 10% shall accrue on the judgment sum until the whole sum is fully and finally paid…”

See Also: How India calculates the value of women’s housework

Click here to download the full judgment

Yohanna-v.-Yohanna-2025

NSPPD 21 Days Fasting and Prayers 12th January 2025 (Day 7 prayer points)

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DAY 7 SUNDAY PRAYER POINTS:

MY HELP HAS COME! Doors and Gates of my 2025 Help/ helpers, hear the Word of the Lord: EPHPHATHA! 7x

MY HELP HAS COME! The Jealousy of El-Roi has arisen over me! Areas where human protocols and systems have failed me in previous years, This 2025, I arise with strong evidence that I have indeed seen the God that sees me to help, to lift, change and turn my life around. (John 5:1-15, Psalm 121)

MY HELP HAS COME! Wherever I have asked, how shall this thing be? Holy Ghost overshadow me, incubate me, cover me, grant me that help that man cannot give until I carry my evidence! (John 14:16, Luke 1:26-38)

MY HELP HAS COME! Help that causes men to discern times and seasons, Help that awakens men into their divine nature, Help that causes men to see things before they happen, let it be activated in my life! (Zechariah 4:1-6)

MY HELP HAS COME! Every area of my life where I was slowed down, delayed, denied, tossed aside, this 2025, By the Resurrection power at work in me, I return to the scene bigger, stronger, better, wiser! Hallelujah! (Romans 8 )

MY HELP HAS COME! Help that capacitates men to carry their long-awaited answers, rest on me! As it was for Sarah, I receive Strength to birth the fulfilment of my prophecy and emerge as the next testifier that What God cannot do does not exist! (Hebrews 11:11-12)

MY HELP HAS COME! As it was for Elijah, Lord let your mighty Hand rest upon me, I receive that Help that causes men on foot to outrun men on chariots! In the same places where I was delayed, I overtake! (1 Kings 18:46)

MY HELP HAS COME! 2025 is the year of my manifestation and I am unstoppable! I will be at the right place at the right time, I walk with clarity and precision, my paths and the paths of those that matter, connect by Fire! Amen! (Romans 8:19)

MY HELP HAS COME! Therefore, I raise an altar of generational Help, no matter where I am or where my family members are, help will find us. Any opposition that shall arise against our help, Fire! (Proverbs 13:22)

MY HELP HAS COME! As it was for Mordecai, I receive help from unlikely sources! Hamans that tried to kill me will facilitate my rising! What tried to slow me down will accelerate me, the same things that tried to bring me down will elevate me. My testimony shall be, All things are working! (Esther 6:1-14)

MY HELP HAS COME! Like Peter, Where others see nothing, I see treasures! I move From Not enough, Less than enough to more than enough! (Matthew 17:24-27)

MY HELP HAS COME! The doors/gates of the city/nation I live in will never be locked against me! I activate the ministry of Angels over my 2025! As it was for Peter, let even doors and gates I did not knock on begin to open for me! (Acts 12:5-17)

MY HELP HAS COME! No good story of my life will be told in the past! No helper ordained for my destiny will turn around and become a destroyer! No helper will become a hater! By the mercies of God, I declare they are preserved! (Proverbs 10:22)

MY HELP HAS COME! O EARTH, the same way you helped the woman in Revelations 12:6, wherever I step into, Help my destiny, Deliver your best! Dragons, Old serpents that shall arise against my prophecy fulfilment in 2025, swallow by Fire! (Revelations 12)

MY HELP HAS COME: As I journey from Month to Month Before any new day arrives, I declare Help shall already be laid for me! Let everything begin to align! (Romans 4:17)

See Also: NSPPD 21 Days Fasting and Prayers 11th January 2025 (Day 6 Prayer points)

See Also: NSPPD 21 days fasting and prayer, 10th January 2025 (Day 5 prayer points)

See Also: NSPPD 21 days fasting and prayer, 9th January 2025 (Day 4 prayer points)

See Also: NSPPD 21 days fasting and prayer, 8th January 2025 (Day 3 prayer points)

See Also: NSPPD 21 Days fasting and prayer, 7th January 2025 (Day 2 prayer points)

See Also: NSPPD 21 Days fasting and prayer, 6th January 2025 (Day 1) prayer points)

How do you ‘cyberbully’ someone who can hire the police?

By Abimbola Adelakun

Underlying the definitions of bullying in dictionaries is power imbalance. To bully someone is to direct aggressive behaviour at them, to intimidate or threaten them, to act cruelly towards someone, or to coerce them. For one to do these, there must be a power dynamic that makes the person at the receiving end vulnerable. Such a tilt of strength can either be embodied by an individual with a disproportionate physical or social power or a group of individuals converging on a weaker party to diminish them. Since the word “cyber-” got appended to bullying in Nigeria, it has acquired a new meaning that has virtually subverted the logic of power that underlies it.

Now, and no thanks to the police’s tendency to meddle in every matter in which a “big man” cries about being inconvenienced with public embarrassment activated by a previously unknown entity, a supposed victim of bullying these days is frequently someone who can commandeer the resources of the state. If you have enough clout to send the police on your errands, can you really claim to be a victim of cyberbullying?

Let us begin with the now infamous case of the singer Burna Boy (Damini Ogulu) at whose behest a singer cum comedian Darlington Okoye (Speed Darlington) has been reportedly incarcerated for months. As the story is told—and which Burna Boy has not denied—Speed Darlington is in jail because he taunted Burna Boy about his association with disgraced artiste Sean Combs (aka P Diddy). In December, the court ruled that his arrest and detention constituted “a gross violation” of his constitutional rights to dignity, liberty, expression, and movement. Despite a direct court order, the police have refused to release him. That makes you wonder, is Burna Boy really a “victim” if the police can sacrifice institutional integrity for his sake?

Meanwhile, the same insinuation Speed Darlington made about Burna Boy has been hurled at several US celebrities who as much as took a photograph with P Diddy. None has asked a man to be incarcerated indefinitely because they got butthurt. Please note that these are people whose reputation far outpaces that of an arriviste like Burna Boy. Yet, they will not take that track because they are self-assured enough to understand the price of celebrity. Unlike the quintessential African “big man”, they are also sensible enough to realise that power should have a more productive function than to abuse others cheaply.

Then, there is the case of Olamide Thomas, who was arrested and incarcerated for cursing the President’s son, Seyi Tinubu. This was another case of the police torturing logic just to satisfy a big man with small feelings. They claimed the curse “placed Seyi in fear of death, violence or bodily harm”. That would be hilarious if were not tragic. How does the law assess the effectiveness of a curse? If curses worked the way people who watch too many Nollywood films think they do, something should have happened to Seyi long ago, given that people have been cursing his father (and their family) since 1999! I am genuinely curious as to why Seyi would be so unsettled by curses that it would compel the police (and the court) to overreact to superstition.

Add to that the ongoing case of bloggers, Precious Eze, Olawale Olurotimi, Rowland Olonishuwa and Seun Odunlami, hauled before the Federal High Court in Lagos for “acts of cyberbullying” (some reports describe the allegation as “cyberstalking”) against the CEO of Guaranty Trust Holdings, Segun Agbaje, when they published uncomplimentary remarks about him. I am by no means defending those bloggers (who have long pulled down the publications anyway), but accusations of nepotism, power play, and self-enrichment are so commonplace in Nigeria that accusing a CEO will not elicit as much as a gasp. They certainly do not warrant holding people in custody for upward of three months. The police cannot fight cyberbullying with judicial bullying, sorry. 

Even more laughable is the amended charge against them that states their alleged offence can potentially cause “a breakdown of law and order in the Nigerian banking system”? How can anyone cause a breakdown in law and order within the banking system when that sphere is not an extricable part of regular life? The officers who came up with that idea will surely have a profitable gig doing comedies in their police uniform. If they must know, the operational deficiencies and the decline of the high standards for which GTB used to be known (and renowned) will result in “a breakdown of law and order in the Nigerian banking system” faster than the opinion of a blogger no one would have otherwise read.

Add to the growing list of police overreach the case of Abraham Daniel, a former minister at Dunamis International Gospel Centre, Abuja. He was recently summoned for questioning regarding an “investigation” into “cyberbullying”’ following his accusations against his former principal, Pastor Paul Enenche, for reneging their “gentleman’s agreement.” While the police summons appeared civil enough, it is still intimidating, especially given that the issue at stake is a matter of personal differences between two individuals who should resolve their matter privately. If one party can get the police to act on his behalf even in a petty issue, can he still be “cyberbullied”?

These cases are worrisome because they show a growing pattern of judicial abuse that began under the previous administration and is becoming gradually routinised. Do not forget that under alleged civilian President, Maj. Gen. Muhammadu Buhari (rtd), the DSS arraigned a man for treason in the courts for, among other spurious offences, insulting the President. Buhari’s wife also had a young man stalked, arrested, detained, and later charged to court for basically calling her “fat”. What astounded me most was that the police spent six months tracking the guy before they apprehended him. If they demonstrate a similar diligence toward their responsibilities to Nigeria, the country will not be so insecure.

Look at all the spheres all the supposed victims of cyberbullying represent—popular culture, politics, industry, and religion—and understand why this pattern is worrisome. Figures representative of virtually every sphere of our socio-political life are one-trick ponies whose only recourse is to use their clout with the police to perpetrate abuse. That is not good for society by any measure. Even worse, at the rate the police are going with their trivialisation of the law by filing sensational charges over minor issues, they will turn every rabble-rouser into an anti-establishment hero. We should properly delineate what constitutes “cyberbullying” (or “cyberstalking”) so that it stops being exploited by anyone who has some money in their pocket and can purchase justice.

No matter what you think or how you feel about any of those people standing trial for cyberbullying, we should not be so numb that we fail to ask if the issue is about legal protections against malevolent speech or just an increasing pattern of intolerance for human rights. When people who have commensurate power say nasty things against each other on social media, the police never swoop in to “investigate”. Regardless of how vicious the exchange by the warring parties gets, the police never take sides to lament “injurious speech” that therefore warrants filing charges of cyberbullying, cyberstalking or even criminal defamation. It is when the matter becomes a case of the top dog vs an underdog that they become animated. Their conduct calls into question the whole idea of “bullying” as an act of aggression and intimidation. If bullying (cyber- or wherever else it takes place) is about a powerful person preying on a weaker party, what constitutes it when the supposed victim is the one who can afford to hire the police?

How marathon sex fad is sending men to early graves

By Godfrey George

Writing for The PUNCH Newspaper, GODFREY GEORGE explores the rising phenomenon of multiple sex rounds among men and women, highlighting how social pressure, misguided beliefs around masculinity, and the performance-driven culture of modern relationships contribute to this trend.

At 34, Chika Okonkwo has seen his fair share of life’s struggles. From losing both parents in one month when he was 11, to battling homelessness during COVID-19, his life has been a rollercoaster of ups and downs.

A native of Enugu State, he moved to Lagos in search of better opportunities and found his niche as a phone repairer in the busy Computer Village.

Known for his quick wit and steady hands, Chika became renowned for fixing even the most hopeless devices.

But, in his own words, no amount of skill could have prepared him for a near-death experience in the throes of passion that left him reeling for weeks.

The fateful night began innocently. Chika had met a vibrant young woman at a friend’s birthday party a few days earlier. Their connection was instant, and when she invited him over to her apartment for a late-night rendezvous, he thought nothing of it.

“She was beautiful and confident,” Chika recalls. “I didn’t want to seem like I wasn’t up for the challenge.”

What started as a seemingly ordinary night soon spiralled into a test of endurance. After their initial encounter, Chika was ready to call it a night. But his partner, fueled by boundless energy, was far from done.

“She kept saying, ‘One more round’,” Chika recounts with a weak smile. “I was flattered at first. I mean, which man wouldn’t be? But by the third round, I knew I was reaching my limit.”

Ignoring his body’s warning signs, Chika gave in to her demands for a fourth round. That was when things took a turn for the worse. “I started feeling dizzy and short of breath,” he says. “I thought it was just exhaustion, but then my heart started racing. I felt like my chest was going to explode.”

As panic set in, Chika tried to signal that he needed to stop, but his partner misinterpreted his distress as a playful act. When he began to pant heavily and clutch his chest, she finally realised something was wrong.

“I could see the fear in her eyes,” Chika says. “She asked if I was okay, but I couldn’t even speak. I thought I had died.”

Alone, afraid

In the chaos of the moment, Chika’s partner made a split-second decision that still baffles him. Gripped by fear, she grabbed her belongings and fled, leaving him gasping for air on her bedroom floor.

“I couldn’t believe she just left me there,” Chika says, shaking his head. “I was completely helpless. All I could think was, ‘This is how it ends.’”

After what felt like an eternity, Chika managed to drag himself to his feet and splash water on his face. His breathing gradually returned to normal, but the experience left him shaken to his core.

“I sat there for hours, just trying to make sense of what had happened,” he recalls. “I dreaded sex for weeks after that. I didn’t even want to think about it.”

Back at Computer Village, Chika’s near-death experience became the subject of hushed conversations among his colleagues. Though he initially tried to keep the ordeal private, the story eventually spilt out during a lighthearted discussion about relationships.

“They laughed at first,” Chika admits, “but when they saw how serious I was, the mood changed. One of my friends said, ‘You’re lucky to be alive.’ And he was right.”

Reflecting on the incident, Chika said he learnt to approach relationships—and his health—with a newfound sense of caution. “I used to think I was invincible,” he says wryly. “But now I know that even something as simple as overexerting yourself can have serious consequences. It’s not worth risking your life just to impress someone.”

Abiodun Akintomowo, a civil servant, was not as lucky. He died after a sexual encounter with a sex partner in Ondo State in January 2024.

That Sunday, the sound of church drums had faded and the evening breeze began to blow. The father of two, sought solace with a woman, identified simply as Bimpe. That evening, he checked into a modest hotel in the Akinjagunla area of the town for an intimate encounter.

However, as the evening progressed, an unforeseen darkness loomed.

After their encounter, Abiodun fainted, his vitality quickly waning. As he collapsed, Bimpe began to panic. Her frantic cries pierced the hotel’s silence, summoning the manager and concerned patrons. Despite their desperate attempts to revive him, Abiodun’s journey tragically came to an end.

The news of his untimely demise spread through Ondo like wildfire, igniting conversations laced with speculation and sorrow.

Whispers of ‘Magun,’ a traditional Yoruba charm believed to punish infidelity by causing sudden death during intercourse, surfaced.

Some locals, steeped in cultural lore, wondered if Abiodun had fallen victim to this ancient spell, especially given Bimpe’s status as a married woman.

The Ondo State Police Command, led by the Public Relations Officer, Mrs Funmilayo Odunlami, swiftly intervened.

Two individuals were detained: Bimpe, whose real identity remained shrouded in mystery, and the hotel proprietor.

Odunlami stated, “The man was not feeling alright after the sexual intercourse with the lady in the hotel, so he was rushed to the hospital and later died. The two suspects are still in our custody.”

As the investigation unfolded, the community grappled with a complex tapestry of emotions. Abiodun’s family was plunged into profound grief, mourning the loss of a husband and father whose life was abruptly cut short.

Experts who weighed in on the matter suggested that the man’s collapse may have been triggered by his body’s inability to handle the excessive physical exertion. His blood pressure, they noted, had likely shot up beyond normal levels, leading to a state of shock, which may have ultimately contributed to his tragic death.

40-year-old father of 12

The sleepy Tombia-Amassoma Road in Yenagoa, Bayelsa State, was, in May 2024, awakened to an eerie hush as residents discovered the lifeless body of a man in a brothel—an end both tragic and thought-provoking.

He was said to be 40 years old, a father of 12 children, and a man grappling with the challenges of a partial stroke. A Delta State indigene, his name, much like his final hours, remained cloaked in mystery as his story unfolded like an unscripted tragedy.

On a seemingly ordinary Tuesday morning, the man reportedly left his home unassumingly around 8 a.m. His destination? The now-infamous brothel nestled along the axis of Tombia-Amassoma Road.

What transpired within those dimly lit walls has left a community grappling for answers and a family with more questions than closure.

When his lifeless body was discovered, it was a haunting tableau: the man, naked, motionless, and alone in the quarters of the brothel. Not a single commercial sex worker was in sight; they had abandoned the scene, leaving behind only the echoes of his final moments.

Residents crowded the brothel, their whispers mingling with the morning air as they tried to piece together his identity. Neighbours and passersby speculated about his life, his choices, and the circumstances that led to his untimely end. To many, he was just “the man from Delta,” another customer of the brothel who had ventured too far into the shadows.

Some spoke of his struggle with partial stroke, wondering aloud if it was wise for him to engage in what would become a fatal tryst. Yet, it was the silence of the brothel and its usual inhabitants that spoke the loudest.

The brothel in question had long been marked as a “red-light zone,” a space where moral boundaries were blurred, and life often teetered on the edge of secrecy and danger.

Security operatives had raided it before, their efforts to bring order to its chaotic underworld yielding only fleeting success.

Commander of the Vigilante Group of Nigeria in Bayelsa State, Mr Tolumobofa Akpoebibo Jonathan, confirmed the man’s age and familial status.

“He is a 40-year-old father of 12 from Delta State,” Jonathan remarked, his words punctuated by the weight of the loss.

The Command Police spokesperson, ASP Musa Muhammed, also echoed the uncertainty surrounding the incident.

He admitted that investigations were ongoing and promised to uncover the chain of events that led to the man’s death. But for now, speculation reigns supreme.

Death in the shadows of intimacy

Again, in Ondo, tragedy struck one Wednesday evening in October 2022, shattering the calm of a popular hotel and sending shockwaves through the local community.

Lanre, a 45-year-old man, met his untimely demise under circumstances shrouded in whispers after he visited the hotel with a sex worker.

The man, who had reportedly checked into the hotel earlier that evening with his companion, excused himself after sexual intercourse to freshen up in the bathroom. Moments later, a loud thud startled the woman.

Alarmed, she rushed to the door, her frantic cries drawing the attention of the hotel staff.

The scene they encountered was grim: Lanre lay motionless on the tiled floor, unresponsive and lifeless.

Attempts to revive him proved futile. By the time police detectives arrived, the reality of his death was undeniable.

His body was later transported to the morgue at the University of Medical Sciences in Ondo for autopsy and further investigation.

The initial conclusion pointed to “Sudden and Unnatural Death”, but whispers in the community hinted at something far more sinister.

Some suggested exhaustion from an overindulgent romp, while others leaned into cultural folklore, claiming Lanre was a victim of magun.

The incident left Lanre’s family reeling in pain, their mourning laced with unanswered questions. What truly happened in that bathroom? What unseen forces, if any, played a role in his demise?

A shadow cast in Enugu

Three years earlier, in September 2019, a strikingly similar tale had unfolded in a hotel along the bustling Enugu-Onitsha Expressway.

This time, it was a businessman in his late 50s, whose name was shielded from public scrutiny, and who fell victim to the intoxicating mix of lust, age, and, perhaps, reckless choices.

The man, whose story carried echoes of Lanre’s tragic end, had arranged a rendezvous with a widow from Anambra State. Unlike Lanre’s quiet companion, however, this widow would later deny any intimate involvement, her testimony steeped in protestations of innocence.

According to her account, the businessman had consumed two bottles of stout and a suspicious substance believed to be a performance-enhancing drug, seemingly in preparation for a night of passion.

But as the moments ticked by, his demeanour shifted. His breathing became laboured, and his behaviour erratic. Then, without warning, he collapsed.

Her cries for help drew the hotel staff, who immediately contacted the authorities. By the time the police arrived and the body was taken to a nearby hospital, the man’s fate had been sealed.

“I hadn’t even touched him,” she reportedly told investigators, her voice trembling with shock and disbelief. “He just started breathing fast and acting strangely.”

News of the incident reverberated through Enugu, raising eyebrows and setting tongues wagging. But unlike Lanre’s case, this tragedy was met with an almost stoic pragmatism by the man’s family. When his widow arrived from their home state, she was informed of the circumstances surrounding his death. Rather than pursue legal action or delve deeper into the murky details, she chose discretion over drama, a decision echoed by her husband’s relatives.

“It was a shameful death,” a family insider reportedly said. “They just wanted to bury him quietly and move on.”

The widow worked swiftly to secure the necessary documents to retrieve the body, closing a chapter that many in her position might have preferred to leave unopened.

Death in the name of desire

Sexual prowess has long been a source of pride and an unwritten standard of masculinity in many cultures, including Nigeria’s. For many men, their ability to satisfy their partners in bed, often through prolonged or multiple rounds of sexual activity, is seen not just as a personal accomplishment but as a societal expectation. However, this obsession with bedroom performance is increasingly proving deadly.

Stories of men collapsing and dying during or shortly after sex have dominated news headlines in recent years, sparking concern over a dangerous and largely unspoken trend. Behind closed doors, where passion turns into a race for dominance and stamina, the pressures of societal constructs of masculinity and self-worth converge in lethal ways. Men, driven by the desire to prove their virility, sometimes resort to dangerous substances, endure extreme physical exertion, or neglect critical health signals, leading to fatal outcomes.

While these tragedies often evoke shock and momentary discourse, they shed light on a critical public health concern that demands deeper examination.

Deadly obsession with masculinity

The patriarchal fabric of many Nigerian societies ties a man’s value to his ability to dominate—in business, social interactions, and even the bedroom, experts have noted.

A sociologist and researcher based in Owerri, Imo State, Dr Chikeluba Odinaka, said this urge to always dominate creates an unrelenting pressure to meet and exceed expectations.

He said, “For many men, sex becomes more than an intimate act; it is a performance where endurance, strength, and ‘rounds’ become metrics for self-worth.”

“When you ask men why they push themselves to such extremes in the bedroom, they often say, ‘I don’t want her to tell her friends I’m weak.’ It’s no longer about intimacy but about proving a point.”

Odinaka added that the societal pressure is amplified in relationships where the man feels inadequate or fears that a lack of sexual satisfaction might push his partner away.

“In some cases, men also overcompensate after perceived failures in other aspects of their lives—such as unemployment or financial struggles—by excelling in the one area they feel they can control: the bedroom,” he added.

Role of performance-enhancing drugs

To meet these lofty expectations, many men turn to performance-enhancing substances, ranging from herbal concoctions and over-the-counter drugs to prescription medications.

These substances, often taken without medical guidance, can cause dangerous spikes in blood pressure, irregular heartbeats, or even cardiac arrest—particularly in men with underlying health issues.

A study by the Nigerian Medical Association in 2022, revealed that 60 per cent of men aged 25–45 in urban areas have used some form of performance enhancement for sexual activity.

Alarmingly, 30 per cent of these men admitted to mixing drugs or taking more than the recommended doses, believing that “more” equals “better.”

Health experts have consistently warned against the misuse of such drugs. “These medications are designed for specific medical conditions, not for recreational use,” said a cardiologist, Dr Funmi Oyetunde.

“When men use them recklessly, they gamble with their lives.”

Physiology of overexertion

Sexual activity, while often regarded as a pleasurable act, places significant physical demands on the body.

During sex, the heart rate increases, blood pressure rises, and muscles are actively engaged. For a healthy individual, these changes are manageable.

However, for men with undiagnosed health conditions like hypertension, diabetes, or heart disease—ailments common in Nigeria—prolonged or intense sexual activity can lead to fatal outcomes such as heart attacks or strokes.

“When a man goes for multiple rounds, he’s essentially forcing his body to recover and re-engage in high-intensity activity without sufficient rest,” explained physiologist Dr Chika Nnaji.

“It’s like running a marathon, pausing briefly, and then sprinting again without recovery. The body can only take so much.”

Also speaking on the medical dynamics of sex, a medical practitioner and Co-Founder of Prive, a men’s healthcare brand, Dr Olusina Ajidahun, stated that there are four distinct phases of sexual activity: excitement, plateau, orgasm, and resolution.

He explained, “The first phase, excitement, begins with arousal. For men, this is when an erection occurs. For women, the labia majora swells, and beneath it, the labia minora becomes more prominent. The body begins to prepare for sexual activity.

“The next phase is the plateau. During this stage, the body is fully prepared for sex. Blood flow increases, and physical sensations intensify.

“Orgasm follows as the third phase. This is the crescendo or peak of sexual activity. For men, reaching orgasm is typically faster than for women, often taking about 20 minutes in one or two rounds of intercourse. This discrepancy leaves many women unsatisfied because their climax may require more time or stimulation.

“Finally, the resolution phase marks the return of the body to its baseline state. For men, this includes the penis returning to its normal size, while for women, certain physiological changes occur within the vagina.”

‘Women require more time to reach orgasm than men’

He also noted that it was important to recognise that the sexual experience isn’t just about men; it involves satisfying both partners.

“While a man may engage in 20 to 30 minutes of sexual activity, many women do not climax within that time frame. In fact, research suggests that 70 to 80 per cent of women have never experienced a climax in their entire lives. Some women require one or two hours of stimulation to achieve orgasm. This lack of satisfaction can strain relationships and, in some cases, lead women to seek satisfaction outside of their marriage,” he said.

Ajidahun further added that techniques such as oral sex, anal sex, stimulation, and prolonged foreplay can enhance satisfaction. He said by targeting erogenous zones, women may not feel the need to demand additional rounds of intercourse.

“The key is communication and understanding between partners,” he noted.

 ‘Peer pressure killing young men’

Among younger people, the medical practitioner noted that societal pressures and peer conversations about sexual performance can exacerbate the issue. It becomes less about genuine satisfaction and more about living up to perceived expectations.

“There are also cases where men, due to medical conditions like premature ejaculation or erectile dysfunction, seek to compensate by engaging in multiple rounds of sex. These individuals may not achieve adequate satisfaction and sometimes turn to enhancers such as aphrodisiacs. When such drugs are used, men may feel compelled to continue until the effects of the medication wear off.”

Stigma of weakness

One of the reasons this trend persists is the stigma surrounding male vulnerability. For many men, admitting to fatigue, declining sexual stamina or even health problems feels like an admission of failure. This cultural aversion to appearing weak prevents men from seeking help or discussing concerns with their partners.

“In our society, men are not encouraged to express vulnerability,” noted senior psychologist Usen Essien. “When a man can’t perform sexually, it’s often seen as a deficiency of character rather than a medical issue. This mindset pushes men to dangerous lengths to avoid ridicule.”

Older men should avoid multiple sex rounds – Physician

A medical practitioner, Dr Jennifer Emokai, said the acceptable benchmark depends on the age, stamina, and health of the man involved.

She said, “Younger men can go multiple rounds while older men can go fewer rounds. Men with health issues such as heart conditions, diabetes, and nervous system conditions, etc., will have their health and sexual function affected, hence they are not advised to engage in multiple sex rounds.”

The physician also noted that men should be aware of when they have reached their threshold for sex, listen to their bodies, and not engage when they feel exhausted.

“A lot of discipline and self-control is important for people who care about their health and well-being. An exception may be those men who are under the influence of drugs to enhance their sexual performance and those with mental illness such as mania; those ones may not have that control or discipline to avoid overexerting themselves,” she added.

Insatiable urge

A cleric and social commentator, Pastor Itekena Chepaka, said there was a pervasive cultural narrative that equates a man’s sexual prowess with his masculinity, often measured by the number of consecutive sexual rounds he can perform.

“This societal expectation exerts immense pressure on men to engage in multiple sexual encounters, sometimes to the detriment of their health and well-being. Men often face direct or indirect pressure from their social circles to conform to expectations of sexual endurance and frequency. Failure to meet these standards can result in ridicule or questioning of one’s masculinity. This is unnecessary. One round of sex is more than enough, and men should know that.”

70% of men aged 18 to 34 desire three sex rounds – PUNCH Investigation

On November 9, this reporter sent out a daring questionnaire to a group of men to know how many sex rounds they considered satisfactory.

The response was mind-blowing: 70 replies came indicating the sexual prowess of men aged 18 to 35 and those 45 to 70.

The response was a stunning revelation of sexual stamina preferences across two very distinct age groups.

The data, painstakingly analysed with the help of an expert data analyst, Ihechilurum Ikechukwu-Ogodo, exposed eye-opening trends that paint a fascinating picture of men’s sexual endurance and their expectations in the bedroom.

For the younger group—men aged 18 to 35—an overwhelming 70 per cent declared that three rounds or fewer were their limit during sexual activity.

This sets a clear stamina threshold, which many younger men seem to adhere to. Shockingly, 15 per cent of these men revealed that just one round was enough for them, while another 15 per cent felt two rounds were sufficient.

But here’s the kicker: only a tiny fraction, a mere 7.5 per cent, claimed they could go beyond three rounds.

What’s even more eye-catching is that many of these men confessed to using sexual enhancers to push beyond their limits.

Then, the plot thickens. Among the older group— 45 to 60—the data flips the script entirely. A striking 79 per cent of these men reported that just two rounds, or less, was all they needed to feel satisfied.

It’s a sharp contrast to the younger generation, and it’s clear: age is taking its toll on stamina. Yet, 10.5 per cent of these older men admitted that they could still push beyond two rounds, but not without the help of sexual enhancers.

Another 10.5 per cent were uncertain, hinting at the influence of health issues, lifestyle, or other personal factors that may contribute to their lack of clarity.

Ikechukwu-Ogodo, while analyzing the data, noted that there’s a stark decline in stamina as men age.

He pointed out that older men’s preference for fewer rounds correlates with the biological realities of ageing.

But the most intriguing was the reliance on sexual enhancers among both the younger and older groups, revealing an unsettling dependence on external aids to maintain sexual performance.

“The younger group’s admission of using enhancers, even when they exceed three rounds, strongly suggests that societal pressures to perform—along with a deep-seated perception of sexual prowess—play a crucial role in their behaviour. The data doesn’t just expose the physical decline in stamina with age; it also hints at the powerful social and psychological forces shaping men’s sexual expectations and behaviours,” Ikechukwu-Ogodo explained.

Culled from The PUNCH Newspapers

2025 NBA-AGC: Early Bird Registration, 47 days to go !

It is 47 days to the close of early bird registration for the 2025 Annual General Conference of the Nigerian Bar Association (NBA).

NBA has also unveiled the fee schedule for the 2025 AGe, set to be one of the most anticipated events for legal professionals in the country. With the theme yet to be announced, the conference promises to bring together legal luminaries, judges, magistrates, and other stakeholders to discuss pertinent issues affecting the legal profession.

Meanwhile, association has opened an early bird registration, offering discounted rates until February 28, 2025. Lawyers and participants are encouraged to take advantage of these rates to secure their spot at the conference. The fee schedule is as follows:

• 1-9 Years Post Call: ₦40,000
• 10-19 Years Post Call: ₦75,000
• 20 Years & Above Post Call: ₦100,000
• Senior Advocates of Nigeria (SAN), Attorneys-General & Benchers: ₦250,000
• Magistrates: ₦75,000
• Judges & Khadis: ₦100,000
• Non-Lawyers: ₦150,000
• International Delegates (Physical Participation): $500
• Senior Lawyers (70+ Years & 40 Years Post Call): ₦50,000

Virtual Participation Options
For those unable to attend physically, the NBA has provided a virtual participation option:
• 1-7 Years Post Call: Free
• 8 Years & Above: ₦25,000

Countdown to Early Bird Deadline
With only 48 days left to benefit from the early bird rates, the NBA is urging members to register promptly. The association has emphasized the importance of timely registration to avoid higher fees once the early bird window closes.

The 2025 Annual General Conference promises to be a platform for professional growth, networking, and the exchange of ideas to strengthen the legal profession in Nigeria and beyond.

For further details and to register, members are advised to visit the NBA’s official website or contact the NBA Communication Office.

A Convenient Memory – The Olukayode Ariwoola memoirs

By Chidi Anselm Odinkalu

On 22 August 2024, Olukayode Ariwoola, the penultimate Chief Justice of Nigeria (CJN) retired from the bench and transitioned into a published author. At a well-attended event in the Abuja, the former CJN beamed at the public presentation of his autobiography. Published under the title Judging with Justice*, the book was ghost written by Olanrewaju Akinsola (the author better known as Onigegewura).

Laid out in 13 chapters and 496 pages, the author tells his story in the first 250 pages. The remainder of the book is dedicated to testimonials on the author from colleagues in the judiciary, lawyers, friends, peers, and family members.

The story reveals the son of a doting and committed dad who appears to take family and his faith seriously. Judging with Justice is a deeply personal story of a judicial figure whose rise to the highest office in his country’s judicial grease pole was as improbable as his route was unusual. The author is quite open in his disclosures about his health, including open heart surgery in London in 2016.

Olukayode Ariwoola became a lawyer at 27 and a judge at 38. In the eleven years that separated his enrollment at the bar from his elevation to the Bench, Olukayode Ariwoola worked first as State Counsel in Oyo State from where he resigned into private legal practice. That stint of his professional career began in Ibadan, the state capital, under the tutelage of Ladosu Ladapo, a Senior Advocate of Nigeria (SAN) who twice ran unsuccessfully for the presidency of the Nigerian Bar Association (NBA).

After one year of practice under the Senior Advocate, Olukayode Ariwoola chose to set up his own legal practice in Oyo, not far from his beloved natal community of Iseyin. At the time, there were only five lawyers in the city. Making ends meet was difficult and his clients were mostly reluctant litigants, many of whom had to improvise in order to find the currency for transacting business with a lawyer. He stuck with it and in 1992, the year after Oyo State was split in two to produce Osun State, got propelled to the office of a judge of the High Court of Oyo State by what from his narration surely was a stroke of providential happenstance. In the cohort of six new judges, Olukayode Ariwoola was the youngest by all of nine years.

After 13 years as a judge of the High Court, Olukayode Ariwooola got elevated to the Court of Appeal in November 2005. The major actors in his elevation to the appellate Bench included Aloma Mukhtar, who would later rise to become the first female Chief Justice of Nigeria; Bola Ige, a former Attorney-General of the Federation; and Bolarinwa Babalakin a former Justice of the Supreme Court. None of these three shared the same origins with Olukayode Ariwoola. Aloma Mukhtar came from Kano; Bola Ige and Bolarinwa Babalakin both came from Osun State.

After six years on the Court of Appeal, Olukayode Ariwoola ascended to the Supreme Court in November 2011, where he served for another 12 years before becoming the CJN. In all, his judicial career spanned nearly 32 years, including two years and two months served as CJN. All his judicial elevations (except his preferment to the office of CJN) occurred in the month of November.

Judicial autobiographies, especially in common law countries, are far from easy to confection. The balance between achieving a captivating narrative and preserving the mystique of the high judicial office is hard. The temptation to deodorize the tale can be tantalising. Judging with Justice wrestles valiantly with this dilemma and not always successfully.

The author offers about the Supreme Court that it is “more than a court of law. It is the tradition that the Supreme Court is regarded as a court of policy.” Having said this, the book offers no insight as to how the Supreme Court on which he sat for 13 years or the office of the CJN which he occupied for over two of those years, articulated or advanced this idea of the Supreme Court as a court of policy. If anything, the court did the opposite under him.

The best that can be said of the book and about its author is that they chose to be economical with any indication of a coherent judicial philosophy. Entirely in keeping with this, the author writes with what appears to be some pride that he never “had any cause to write a dissenting opinion be it at the Court of Appeal or at the Supreme Court.” He spent a combined18 years in both courts.

The author, nevertheless, drops hints of inspiration. He counsels, for instance, that “a judge must not frequent social events where litigants and lawyers congregate.” Those who read this may wonder whether he remembered it when he showed up in Port Harcourt in November 2022 to serenade politicians (many of whom had cases before his court) in their quest for electoral victory in elections that were then impending.

Many who were witness to Olukayode Ariwoola’s tenure as CJN will wonder when he came to what he claims in the book to be his long-held belief “that the judiciary is an independent and separate arm of government and should not be regarded as an appendage of the Executive or the Legislature”. The disposition of his entire term appears to have been the very opposite of these sentiments.

Judging with Justice is littered with a few more examples of warm and comforting shibboleths. Yet, it is what the book omits that is most telling.

The author thanks “God for the privilege to have been instrumental in the appointment of people into positions of responsibility”. As CJN, he sure had a lot of practice at this. He also claims that he always “ensure(d) that the persons to be nominated are credible, qualified, and people of proven integrity.” His record as CJN will show this claim to be worse than bogus.

At the end of his narration, the author tells with pride his achievements as CJN. Among these, he lists attainment at the beginning of 2024 for the first time in the 70-year history of the Supreme Court of full judicial establishment size of 22 (including the CJN). He also points to the appointment since 2023 of new judges to the various courts, including the Court of Appeal, the Federal High Court and the High Court of the Federal Capital Territory.

In Judging with Justice, Olukayode Ariwoola is punctilious in listing all the people whom he processed for appointment in that frantic sequence of judicial elevations that occurred during the year preceding his retirement as CJN. He takes fulsome paternal pride in the fact that his son – also named Kayode Taslim – “is a jurist like Judge Taslim Olawale Elias he was named after”, but omits to disclose that it was him, the father, who appointed the son to the role of judge (with no need for the helping hand of a Holy Ghost). He did not stop there, he also appointed his own daughter-in-law as judge, as well as the daughters of the President of the Court of Appeal; of the Chief Judge of High Court of the FCT; the daughter of his predecessor in the office of CJN; the wife of the Minister of the FCT; and many more high-up insiders too numerous to mention.

Judging with Justice missed an opportunity to show how a judiciary of sons, daughters, wives and even a few mistresses, meets the standard of “credible, qualified, and people of proven integrity.” He may have been closer to the mark if he had chosen to title the book “A Convenient Memory.”

A lawyer and a teacher, Odinkalu can be reached at [email protected]

  • Olukayode Ariwoola, Judging with Justice: The Autobiography of Hon. Justice Olukayode Ariwoola, GCON, The Chief Justice of Nigeria [As Narrated to Olanrewaju Akinsola, (Onigegewura)], (Lagos, Asco Publishers, 2024)

How I was walked out of education ministry stakeholders meeting at Abuja

By Dr Modestus Ezenwa

For asking what appears to the officials of the Federal Ministry of Education a hate-filled question, I was asked to leave the venue of the 19th Stakeholders Meeting on Unity Schools/Colleges.

The order came in such an uncharitable, direct and malevolent manner! It matched the same venom that gave vent to it. I was not allowed to pick up my files and say a few words to colleagues. I must leave, and leave immediately within split seconds. What did I say? Priscilla Ihuoma, the spokesman of the Minister has just announced what appeared to me, the information that brought me to Abuja.

I was waiting for this announcement. I got it. I predicted the minister. She played into my hands. I had waited for an opportunity to share my thoughts on my hatred, opposition and stance against Unity Schools and the injustice in Nigerian education system. I missed the opportunity in 2016 and 2017 to present my views. Then, the meeting was a hushed one. This time around, we were told the meeting would drag to two days. And stakeholders who have views could easily share them as the Minister would entertain such.

Mrs Ihuoma, the announced the breakdown of the registrations for the 2018 Common Entrance Examinations. A total of 71, 294 young boys and girls were registered for the examination, a little shortfall from the 81,930 that registered in 2017. Lagos State hit the top with 24,465, FCT came next with 7, 699. Of course you know why? Igbos in Lagos and FCT are included! Then, she murmured a well rehearsed statement: Zamfara 28, Kebbi 50, Taraba 95. These three states came first from behind.

She went ahead to tell us the obvious: that the nation has 104 unity schools; that most of these unity schools dont get up to their carrying capacity; A budget, running into billions of naira goes into their maintenance each year and that The Unity Schools take up to 45% of the budgetary allocation of the Ministry of Education. I was bitter. I was overtly burning with rage and hate. I couldn’t wait for the question and answer session. I did all I could to get hold of the microphone and finally, I got to the aisle, looked directly to the raised table and heaved a sigh of relief.

I glanced through my notes and let loose the canons:Why do we have 12 Unity Schools in the East where more than 50% of candidates come from? Mr Minister, why are kids from Igboland not given admission to those Unity schools that don’t get up to their quota/carrying capacity? Honorable Minister, can you explain why A young girl from Imo state,seeking admission into any of the country’s 104 Federal Government Colleges (Unity Schools) must score 139 points out of a possible 300 to stand a chance of being taken. But her counterpart from Zamfara state only needs to guess two answers right?.

Why should the young boy from Abia be denied admission even when he scores 198 while his counterpart from Gombe who merely wrote the examination ( but scored zero) is allowed to study in any unity school of his choice? Why do we have only 2 Igbo principals in the 105 Unity schools in Nigeria? Does this reflect intellectual preparedness or merely a reflection of the wishes of the leadership of the nation and that of the ministry?

Why must the federal government set up a well funded advocacy team to persuade villagers, traditional rulers in North and clergy to encourage their citizens to send their wards to unity colleges while efforts are not made to accommodate thousands of kids from the East who are denied admission yearly.

Our Minister, I hope you are aware that Last year, Nigeria’s four Federal Government Colleges did not produce a single candidate that scored five credits that included English and Mathematics, needed to gain admission into the university. Hon Minister, i hope you are aware that, Federal Government Girls’ College, Bajoga (Gombe State); FGGC, Bauchi (Bauchi State); FGGC Gboko (Benue State), and the Federal Science and Technical College, Kafanchan (in Kaduna State) did not produce a single pupil with credits in English and Mathematics.

Honorable minister, I hope you are aware that In 2013, human rights lawyer and former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, filed a suit at a Federal High Court in Lagos over admission inequality in Federal Government Colleges. The court declared as unconstitutional, the decades-long state-based, quota system admission into federal government colleges. John Tsoho, the trial Judge, in his ruling declared that the action of the Minister of Education in prescribing and applying different requirements for candidates seeking admission into unity schools is in violation of Section 42(1) of the 1999 Constitution.

If this is the case, and definitely that is the case, Why, does the Minstry of Education under you refuse to adher to the court ruling?Why does, Zamfara State, with 28 candidates for the 2018 common entrance examination have three Unity Schools, while my state of Imo has only two!!! Why do we have three Unity schools in Taraba ( that has only 95 students this year) while Enugu State has only two. Hon. Minister, I can go on and on to… It was at this point that heavens was let loose. Stop there!!! Voices form the elevated table raged.

It was amidst claps and jeers, heckles and clear disapproval from those whose benefits have been threatened; acclamation from those whose grievances have been let loose, that i was ordered and whisked away from the ICC, venue of the stakeholders meeting. No harm befell on me. I retired to my hotel room, got enough rest and made a Lagos-bound journey. I am sure, the organizers wouldn’t invite me to subsequent meetings. But who cares?

Dr. Modestus Ezenwa

Pre-Nuptial Agreement Under Nigerian Laws

By Ikechukwu James Orji

Marriage, beyond being a personal and emotional commitment, is also a legally recognized partnership with significant financial and property implications. When two individuals decide to get obligations become intertwined. While marriage traditionally symbolizes unity, it does not erase the individuality of each partner, especially concerning property and financial responsibilities. In many instances, the lack of clear agreements regarding ownership and management of assets can lead to protracted dispute in the event of a divorce, separation, or the unfortunate demise of a spouse.

To mitigate the uncertainties associated with property division and financial responsibilities couples may choose to formalize their intentions and expectations through agreements made before or after the marriage. These agreements are often referred to as prenuptial and post-nuptial agreements. Pre-nuptial agreements are entered before the marriage while post-nuptial agreements are entered after the celebration of the marriage.

Both agreements aim to clarify financial arrangements, protect individual assets, and provide a roadmap for asset distribution in the event of marital dissolution.Globally, pre-nuptial agreements have become increasingly popular, particularly among individuals with significant wealth. In some jurisdictions, these agreements are automatically enforceable once they meet basic contractual requirements.

However, in Nigeria, their enforceability is subject to judicial discretion making it necessary for couple to understand the framework within which such agreements operate. This article explores the legal standing, purpose, and enforcement of pre-nuptial agreements under Nigerian Law.

This provision underscores that while courts may enforce a prenuptial agreement if deemed just and equitable, they are not compelled to do so. Courts are at liberty to rely on, modify, or disregard the agreement when resolving marital disputes.In Oghoyone v Oghoyoneiv the Court of Appeal upheld the trial court’s decision to honor the terms of a pre-nuptial agreement.Factors Considered by CourtsWhen considering the validity and enforceability of a pre-nuptial agreement, Nigerian courts may consider the following factors:1. Fairness and reasonableness:

The court would have to look into the terms of the pre-nuptial agreement to determine whether they are fair and reasonable, taking into account the circumstances of the parties. The court always look out and protects the weaker party in an agreement. Where the terms are exploitative or unfair the court would not enforce such pre-nuptial agreement.2. Best interest of the child(ren) of the marriage: Where there are children in the marriage the court would be forced to consider whether their interest and welfare are protected in the pre-nuptial agreementv. Section 1 of the Child Right Act 2003, provides that the best interests of the child shall be the primary consideration in any decision-making involving a child.3. Public policy:

Another factor the court has to consider in enforcing a pre-nuptial agreement is public policy. Where the agreement is against public policy or contradict any law in operation then the court would not enforce such pre-nuptial agreement.Whether pre-nuptial agreement can be applied under customary law marriage?The wordings of Section 72(2) of the Matrimonial Causes Act clearly limit the enforceability of pre-nuptial agreements to statutory marriage.

It provides that the application “The court may, in proceedings under this Act, make such order as the court considers just and equitable with respect to the application for the benefit of all or any of the parties to, and the children of, the marriage of the whole or part of property dealt with by ante‐nuptial or post‐nuptial settlements on the parties to the marriage, or either of them”.

Consequently, such agreements are unenforceable under customary or Islamic law marriages.i See Carlill v Carbolic Smoke Ball Co. (1892) 1 QB 256, African Continental Bank Ltd. VAjigbotito (2011) 10 NWLR (Pt. 1255) 301, and Ogbonna v. Ogbonna (2015) 15 NWLR (Pt. 1483)ii Cap S8, Laws of the Federation of Nigeria, 2004iii Hyman v Hyman (1929) AC 601iv (2010) 3 NWLR (Pt 1182)v See Section 71 of the Matrimonial Causes Act and Section 1 of the Children and Young Persons Act

IKECHUKWU JAMES ORJI. LL.B, BL., ACIArb., LL.M (in view)

Ghana’s suspension of relations with Western Sahara is contemptuous

By Femi Falana SAN

The government of Ghana recognised the Sahara Arab Democratic Republic led by the Polisario Front in 1979. Since then, the government and people of Ghana have joined progressive forces in the world to mount pressure on the Kingdom of Morocco to recognise the rights of the people of Western Sahara to self- determination.

Even though Morocco has not halted the illegal occupation of the territory of Western Sahara, the Government of Ghana was reported to have suspended relations with the Saharawi Arab Democratic Republic on January 6, 2024.

The decision is contemptuous of the judgment of the African Court on Human and Peoples Rights delivered on September 22, 2022. In the historic judgment, the Court upheld the rights of the people of Western Sahara to self -determination guaranteed by article 20 of the African Charter on Human and Peoples Rights.

The Court also noted that, in view of the fact that part of the SADR’s territory was still under occupation by Morocco, there was no question that State Parties to the Charter have an obligation, individually and collectively, towards the people of SADR to protect their right to self-determination, particularly, by providing assistance in their struggle for freedom and by not recognising Morocco’s occupation and any human rights violation that might have resulted from such occupation.

The case was filed by Mr. Bernard Mornah, a national of the Republic of Ghana and the Chairman of the Convention of People’s Party (CPP). The Applicant had filed the case against eight (8) State Parties to the Protocol, that is, the Republic of Benin, Burkina Faso, Republic of Cote d’Ivoire, Republic of Ghana, Republic of Mali, Republic of Malawi, Republic of Tanzania, Republic of Tunisia (the Respondent States). Our law firm handled the case pro bono for the Applicant in solidarity with the colonised people of Western Sahara.

The Respondents were the member states of the African Union that had complied with article 34(6) of the Protocol of the establishment of the African Court on Human and Peoples Rights which allows individuals and NGOs to access the African Court. Mr. Bernard Mornah (the Applicant) The arguments of Ghana and other Respondents canvassed in favour of the Kingdom of Morocco were rejected by the African Court.

The Court reiterated that the Republic of Ghana and other Respondent States, and indeed, all State Parties to the African Charter and the Protocol, as well as all Member States of the AU, have the responsibility under international law, to find a permanent solution to the occupation and to ensure the enjoyment of the right to self-determination of the people of Western Sahara and not to do anything that would give recognition to such occupation as lawful ori impede their enjoyment of this right.

By suspending relations with the leadership of the Sahrawi Arab Democratic Party on the ground of the “good-faith efforts made by the Kingdom of Morocco to reach a solution accepted by all parties”, the Government of Ghana has treated the valid and subsisting judgment of the African Court with absolute contempt.

We, therefore, urge the new John Mahama administration to reverse the contemptuous decision taken on the eve of the departure of the last regime. In the words of Dr. Kwame Nkrumah, the a leading light of the independence movement in Africa: “The independence of Ghana is meaningless until it is linked to the total liberation of Africa.”
The independence of SADR will be a historical continuation of that total liberation envisioned by Nkrumah and other heroes of genuine freedom of Africa.

9th January, 2025.

Unconditional Discharge: Understanding the concept and its implications

DEFINITION AND EXPLANATION

An unconditional discharge is a type of sentence that can be imposed by a court, where the defendant is not required to face any consequences, such as fines, probation, or jail time. This type of sentence is often seen as a lenient outcome, but it is essential to understand the nuances and implications of an unconditional discharge.

PRECEDENT AND LEGAL FRAMEWORK

The concept of unconditional discharge has been established in various legal jurisdictions, including the United Kingdom and the United States. In the UK, the Powers of Criminal Courts (Sentencing) Act 2000 provides the framework for unconditional discharges. Similarly, in the US, the federal sentencing guidelines provide for unconditional discharges in certain circumstances. I am not aware of a corresponding Nigerian statute or practice on this.

TYPES OF OFFENCES ELIGIBLE FOR UNCONDITIONAL DISCHARGE

Unconditional discharges are typically reserved for minor offences, such as:

  • Summary Offences: These are minor crimes that are punishable by a fine or a short term of imprisonment.
  • Regulatory Offences: These are offences that are related to the regulation of a particular industry or activity.

IMPLICATIONS AND CONSEQUENCES

While an unconditional discharge may seem like a lenient sentence, it is essential to understand the implications and consequences. An unconditional discharge does not necessarily mean that the defendant’s record will be completely clean. The conviction will still be recorded, and it may have implications for the defendant’s future, such as:

  • Criminal Record: The conviction will still be recorded on the defendant’s criminal record, which may impact their future employment prospects or travel plans.
  • Reputation: An unconditional discharge may not necessarily restore the defendant’s reputation, as the conviction will still be a matter of public record.
  • Future Consequences: If the defendant commits another offence in the future, the previous conviction may be taken into account during sentencing.

CASE STUDY: DONALD TRUMP

In the case of Donald Trump, the court imposed an unconditional discharge, citing that it was “the only lawful sentence, without encroaching upon the highest office of the land.” This decision has sparked debate and discussion about the implications of an unconditional discharge in high-profile cases.

CRITICISMS AND CONTROVERSIES

The use of unconditional discharges has been subject to criticism and controversy. Some argue that it is too lenient and fails to hold defendants accountable for their actions. Others argue that it is a necessary tool for the courts to use in certain circumstances, such as when the defendant has shown remorse or has committed a minor offence.

CONCLUSION

In conclusion, an unconditional discharge is a type of sentence that can be imposed by a court, where the defendant is not required to face any consequences. While it may seem like a lenient sentence, it is essential to understand the implications and consequences, including the impact on the defendant’s criminal record and reputation.

RECOMMENDATIONS

To ensure that unconditional discharges are used effectively and fairly, we recommend the following:

  • Clear Guidelines: Courts should establish clear guidelines for the use of unconditional discharges, including the types of offences that are eligible and the circumstances in which they can be imposed.
  • Transparency: Courts should provide clear explanations for their decisions to impose unconditional discharges, including the reasons why they believe it is an appropriate sentence.
  • Accountability: Defendants who receive unconditional discharges should still be held accountable for their actions, including through community service or other forms of restitution.

E. Monjok Agom
11th January, 2025