An Upper Customary Court of Kaduna State in the Kafanchan Judicial Division has held that a valid marriage exists under Atyap Custom, notwithstanding the non-payment of Bride Price.
While terminating the marriage between Danladi Sule and Philomena Yakubu, in a knotty petition bordering on the questions of marriage validity, child custody, and multiple claims for damages, the presiding customary court judges, His Worship Emmanuel J. Samaila, Esq. held that a valid marriage existed between the parties under Atyap custom despite the non-payment of deferred bride price.
“In view of the evidence of the parties vis-à-vis the applicable Atyap custom regarding a woman who conceives outside wedlock, we answer Question 1 in the affirmative. We find that a valid marriage in accordance with Atyap custom exists between the parties. We so hold. This is the only reasonable conclusion that can be reached in order to give proper effect to the Atyap custom.
“Obviously, the custom, which is common in this area, is aimed at protecting the dignity of the men and women allowed to live together after the woman conceives outside wedlock. For all intents and purposes, the man and the woman are validly and lawfully married despite the non-payment of the woman’s deferred bride price. Consequently, the parties’ marriage is hereby dissolved with effect from today, 11th September, 2025.”
In the judgment he delivered last Thursday, alongside Mr James K. Kajang, a member of his panel, Samaila equally granted custody of the couple’s six-year-old son, Awesome, to the petitioner, Danladi Sule, asserting that the child’s welfare would be better served in a complete family environment.
“We reason that the parties’ child will have a better family experience if he grows up in a complete family unit comprising a father and a mother under the shadow of his grandparents who will provide additional support in his upbringing.
“Therefore, the custody of the party’s child is hereby granted to the Petitioner. The Respondent is hereby granted visitation rights to spend time with their child so that he will not grow up to forget her.”
Again, the court upheld the respondent’s counterclaims, awarding a total of ₦1.5 million in damages. This includes ₦1 million as damages for impregnating her outside wedlock without completing her marriage rites, ₦200,000 for emotional and psychological trauma caused by physical assaults and maltreatment, ₦200,000 as general damages, and ₦100,000 as costs of action. The judgment sum is to be paid within 30 days, with 10% annual interest accruing until full settlement.
Meanwhile, the court established that Sule had subjected Madam Philomena to various forms of abuse, including beating, seizing her phone, and inflicting psychological harm. It emphasized that while a father has rights of access to his child, he cannot resort to violence or self-help in exercising those rights.
“As earlier established in this judgment, the Petitioner was required by the Respondent’s family to return and complete the performance of the Respondent’s deferred marriage rites, particularly the payment of her bride price, in accordance with Atyap custom. Seven years afterwards, the Petitioner is yet to do so… Therefore, the counterclaim for damages against the Petitioner for impregnating the Respondent outside wedlock succeeds. Consequently, damages in the sum of N1million is hereby awarded against the Petitioner in favour of the Respondent’s family through the Respondent.”
“The fact that the Petitioner had seized the Respondent’s phone and smashed it was also uncontradicted. The evidence that the Petitioner has been beating the Respondent was also unchallenged. While the Petitioner has a right of access to their child at all times, he has no right to inflict harm on the Respondent in the course of exercising that right. It is unlawful to use self-help in the exercise of one’s right…
“We find that the Petitioner had willfully subjected the Respondent to emotional and psychological traumas and we so hold. Therefore, the Respondent’s counterclaim for damages for emotional and psychological traumas succeeds… N200,000 is awarded in favour of the Respondent against the Petitioner…
“The total judgment sum, N1.5million, shall be paid within 30 days from today or as agreed between the parties. Interests at the rate of 10% shall accrue annually on the judgment sum until it is fully and finally paid…”
Click here to download the full judgment.
Danladi-Sule-v-Philomena-Yakubu-20251
