You have heard and read a lot already about the failed marriage between former Anambra Governor, Senator Jim Nwobodo and his estranged first wife, Mukosolu. YES INTERNATIONAL! Magazine has all the court papers – with the exclusive details of when the marriage was contracted, how it ran into trouble, how it collapsed and also how a court of competent jurisdiction eventually put a stamp on that.
Nwobodo, one of Nigeria’s most successful politicians, is now married to a lawyer and stock broker, Pat – and they have a set of twins (named Jim, Jnr. And Pat, Jnr.). Below, however, are the DECREE NISI OF DISSOLUTION OF MARRIAGE, NOTICE OF PETITION, JUDGEMENT…
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN: SUIT NO: HD/4/90
CHIEF JIM IFEANYICHUKWU NWOBODO………………..PETITIONER
AND
MUKOSOLU ADAKU NWOBODO………………………….RESPONDENT
FORM 35
ORDER XII RULE 1
DECREE NISI OF DISSOLUTION OF MARRIAGE
This suit was heard and determined today Friday the 26th day of Feb. 1993. Before the Hon. Justice Dolapo F. Akinsanya (MRS). K.C. Okwu Esq. of Counsel for the Petitioner, the Respondent was duly served but not present in Court.
The Court was satisfied that at the time this suit was instituted the Petitioner was domiciled in Nigeria within the meaning of the Matrimonial Cause Act 1970 and parties have lived apart for continuous period of (3) three years immediately preceding the presentation of the petition.
THE COURT was satisfied that the Marriage solemnized at Queen Elizabeth Chapel Umuahia in Abia State Nigeria sometime in April, 1969. Between CHIEF JIM IFEANYICHUKWU NWOBODO the Petitioner and MRS. MUKOSOLU ADAKU NWOBODO the Respondent be dissolved by reason of the fact that the Marriage has broken down irretrievably.
THE COURT HEREBY makes an order for a DECREE NISI for the dissolution of the Marriage between CHIEF JIM IFEANYICHUKWU NWOBODO the Petitioner and MRS. MUKOSOLU ADAKU NWOBODO the Respondent solemnized at Queen Elizabeth Chapel Umuahia in Abia State of Nigeria sometime in April 1969.
IT IS ORDERED THAT DECREE NISI shall become absolute after THREE MONTHS from today the 26th day of February 1993 unless sufficient cause is shown to the contrary.
DATED AT LAGOS THIS 26TH DAY OF FEBRUARY 1993.
ASSISTANT CHIEF REGISTRAR
LITIGATION
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN: SUIT NO: HD/4/90
CHIEF JIM IFEANYICHUKWU NWOBODO………………..PETITIONER
AND
MUKOSOLU ADAKU NWOBODO………………………….RESPONDENT
FORM 41
ORDER XII RULE 7 (2)
CERTIFICATE OF DECREE NISI HAVING BECOME ABSOLUTE
1. DATE OF DECREE NISI 26TH FEB, 1993
2. DATE OF ORDER UNDER
SECTION 57 26TH FEB, 1993
3. DATE OF DETERMINATION OR
DISCONTINUANCE OF APPEAL NOT APPLICABLE
4. DATE OF ORDER UNDER
SECTION 58 SUB SECTIONS (2) NOT APPLICABLE
5. DATE ON WHICH INTERVENTION
DETERMINED NOT APPLICABLE
I certify that the Decree Nisi of Dissolution of Marriage between the Petitioner CHIEF JIM IFEANYICHUKWU NWOBODO and the Respondent MRS. MUKOSOLU ADAKU NWOBODO solemnized at Queen Elizabeth chapel Umuahia in Abia State sometime in April 1969, and dissolved on the 26th day of February 1993 became absolute on the 26th day of May 1993
DATED AT LAGOS THIS 14 DAY OF JANUARY 2011
……………………………………………………
ASSISTANT CHIEF REGISTRAR LITIGATION
MATRIMONIAL CAUSES ACT 1970
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN: SUIT NO: HD/4/90
CHIEF JIM IFEANYICHUKWU NWOBODO………………..PETITIONER
AND
MUKOSOLU ADAKU NWOBODO………………………….RESPONDENT
PETITION FOR DECREE OF DISSOLUTION OF MARRIAGE
The Petitioner Chief Jim Ifeanyichukwu Nwobodo whose address is 51 Norman Williams Street, South West Ikoyi, Lagos, and a former Governor of Anambra State but who is now a Publisher hereby petitions the Court for a Decree of Dissolution of marriage contracted between him and the Respondent, Mukosolu Adaku Nwobodo whose address is Federal Radio Corporation of Nigeria, Enugu, and who is a Senior Staff of the Corporation of Nigeria, Enugu, and who is a Senior Staff of the Corporation as a Broadcaster, on the ground that the said Marriage has broken down irretrievably.
1. The Petitioner, then a bachelor, was lawfully married to the Respondent then a spinster at Queen Elizabeth Chapel Umuahia, Imo State in April, 1969, (during the Nigeria Civil War) according to the Christian (Anglican) rites. A certificate in respect of the said marriage was issued. It is customary for the wife to keep such certificate which has remained with her ever since. The ‘Petitioner is therefore unable to file the Marriage Certificate with this petition.
2. The surname of the Respondent immediately before the marriage was Nonyelu.
3. The Petitioner was born at Lafia Plateau State on the 9th May, 1940. The Petitioner does not know the date and place of birth of the Respondent.
4. The Petitioner is within the meaning of the Act domiciled in Nigeria. The fact on which the Court will be asked to find that the Petitioner is domiciled are as follows:
(a) He was born in Nigeria as aforesaid.
(b) He resides at 51 Norman Williams Street South West Ikoyi, Lagos, Lagos State.
(c) He is a Nigerian citizen, and
(d) He has no intention of changing his residence in Nigeria or his citizenship
(e) He carries on business in Nigeria.
5. Particulars of the places at which and periods during which the Petitioner and the Respondent have cohabited are as follows:
(i) Umudike Quarters, Umuahia – April, 1969;
(ii) Government Reservation Area, Owerri – April to December, 1969;
(iii) C2 Real Estate Uwani, Enugu – 1970 – 1972;
(iv) 13 Nwobodo Street, G.R.A., Ekulu, Enugu, – 1972 to 21/3/78
The Petitioner and the Respondent have lived apart since 21st March 1978.
6. The date on which and circumstances in which cohabitation between the Petitioner and Respondent ceased are as follows:
Cohabitation ceased between the parties on 21st March, 1978 as a result of irreconcilable differences between them.
7. There are four surviving issues of the marriage, namely: –
(1) Ifeanyichukwu Nwobodo (male) born on 22nd day of December, 1969 at Owerri in Imo State.
(2) Ifeoma Adaku Nwobodo (female) born on 5th May, 1971 at Enugu.
(3) Chukwudi Nwobodo (male) born on 7th October, 1973 at Enugu.
(4) Usonwanne Nwobodo (male) born 22nd December, 1976 at Enugu.
All the children live with and are in the custody of the Petitioner. They also attend various Educational Institutions at the expense of the Petitioner.
8. Since the marriage there have not been any previous proceedings in a court of law between the Petitioner and the Respondent with respect to the said marriage or to the issues of the marriage.
9. The Petitioner relies on the following ground for this petition, that is to say:
That the Petitioner and the Respondent have lived apart for continuous period of at least three years immediately preceding the presentation of this petition.
The marriage between the Petitioner and the Respondent has therefore broken down irretrievably.
The facts relied on by the Petitioner as constituting the ground specified above are as follows:
Since 21st March, 1978 (that is, over ten years now) the Petitioner and the Respondent have lived apart.
10. The Petitioner has not condoned or connived at the ground pleaded above and is not in collusion with the Respondent in presenting this petition.
11. The Petitioner proposes the following arrangements for the issues of the marriage:
(a) The first two children Ifeanyichukwu Nwobodo and Ifeoma Nwobodo are both in the University already at the Petitioner’s expense. Ifeanyichukwu is at the University of Benin, Benin City, while Ifeoma is at the Anambra State University of Technology, Awka. The Petitioner will continue to provide for their University Education and for post-graduate course in Nigeria if they so desire.
(b) The third child Chukwudi Nwobodo has just concluded his secondary education at Federal Government College, Enugu, preparing to enter into a university while the fourth child Usonwanne Nwobodo is at the Command Secondary School, Abakaliki. The Petitioner had provided solely for these children, is ready and capable of providing for their education up to the university level and also for post-graduate courses if they so desire.
(c) On accommodation and general welfare of the children, the Petitioner is in a position to take care of them satisfactorily.
(d) The Petitioner will allow the Respondent reasonable access to the children of the marriage.
12. The court will be asked to make a decree notwithstanding the facts and circumstances set out in the discretion statement filed with this petition.
13. The Petitioner seeks from this Honourable Court the following order:
(a) A decree of dissolution of the marriage on the ground that the marriage has broken down irretrievably since the Petitioner and the Respondent have lived apart for a continuous period of at least three years immediately preceding the presentation of this petition.
(b) An order of this Honourable Court granting the Petitioner custody of the children of the marriage.
This petition was settled by: S.A. ASEMOTA, (SAN), of SOLOMON ASEMOTA & CO., PETITIONER’S COUNSEL, of 2A, ANTHONY ROAD, OFF IKORODU ROAD, LAGOS.
Filed on 19th day of January 1990 by S.A. ASEMOTA, SAN, of SOLOMON ASEMOTA & CO., Legal Practitioners on behalf of the Petitioner whose address for Service is 51, Norman Williams Street, South West Ikoyi, Lagos, Lagos State.
MATRIMONIAL CAUSES ACT 1970
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN: SUIT NO: ………………
CHIEF JIM IFEANYICHUKWU NWOBODO………………..PETITIONER
AND
MUKOSOLU ADAKU NWOBODO………………………….RESPONDENT
NOTICE OF PETITION
To Mukosolu Nwobodo,
Federal Radio Corporation,
Onitsha Road,
Enugu.
TAKE NOTICE that a petition has been presented to the above named Court by Chief Jim Ifeanyichukwu Nwobodo of 51, Norman William Street, South West Ikoyi, Lagos, instituting proceedings for a decree of dissolution of his marriage with you, and also seeking orders with respect to the custody of the children of the marriage.
2. A sealed copy of the petition is delivered to you with this Notice.
3. If you intend to consult a Solicitor in connection with the proceedings you should take to him all the documents delivered to you.
4. The form of acknowledgement of service delivered to you with this notice should be completed and signed by you and either you or your Legal Practitioner should immediately return it to the Petitioner’s Legal Practitioner.
5. If you desire:
(a) To deny any facts alleged in the petition;
(b) To allege any additional facts for the consideration of the Court;
(c) To submit to the Court that it should dismiss any of the proceedings instituted by the petition; or
(d) To make any other submissions to the Court; you should file an answer to the petition.
6. If you wish to institute proceedings for dissolution of marriage, nullify of marriage, judicial separation or restitution of conjugal right, you may do so in an answer to the petition filed by you. If you institute proceedings for dissolution of marriage on the ground that the Petitioner has committed adultery, you may also, by the answer, institute proceedings for damages in respect of the adultery.
7. If you wish to institute proceedings for the purpose of seeking an order with respect to maintenance for yourself, a settlement, the custody or guardianship of infant children of the marriage or the maintenance, welfare, advancement or education of children of the marriage, you should do so by filing an answer to the petition. If you fail to do so, you will have to obtain the leave of the Court to institute the proceedings.
8. If you do not wish to file an answer but wish to receive a copy of each document filed in connection with the proceedings, you should file a notice of address for service. However, unless you file an answer, you will not, without the leave of the court, be entitled to furnish evidence to the court, or address the court, at the trial of the proceedings and the court may hear and determine the proceedings in your absence.
9. Any answer of notice of address for service filed by you must be filed within 28 days after you receive this notice or within such extended period as the Petitioner or the Court allows, and service of a copy of the answer or notice must be effected in accordance with the Matrimonial Causes Rules.
DATED THIS 19th day of January 1990.
MATRIMONIAL CAUSES ACT 1970
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
BETWEEN: SUIT NO: HD/4/90
CHIEF JIM IFEANYICHUKWU NWOBODO………………..PETITIONER
AND
MUKOSOLU ADAKU NWOBODO………………………….RESPONDENT
JUDGEMENT
This is a husband’s petition against his wife for a decree of dissolution of the marriage which was solemnized at Queen Elizabeth Chapel, Umuahia – now in Abia State sometime in April, 1969. The petition was filed on the 19th January, 1990 with an affidavit as to the loss of the certificate and the church where the marriage was solemnized was overrun during the war and it has become impossible to obtain a copy of the said marriage certificate.
After the service of the Petition on the Respondent, she appeared in Court and was represented by Counsel. Indeed she filed Notice for Direction on trial in which she sought a transfer of this petition to the High Court, Enugu. This court gave a Ruling on the 26th of October, 1990 refusing the application to transfer this petition and an attempt was made to appeal against the said Ruling Upon the appeal being struck out, the case was back to this Court for trial dates to be fixed. Notice of trial was communicated to the Respondent through her Counsel both at Anambra State and at the Lagos office.
Notwithstanding this notice, the Respondent did not attend the hearing and no excuse was made. Indeed her counsel was also absent. Trial however commenced on the 21st of January, 1993 with the evidence of the Petitioner as the only witness. He testified that the parties were married in April 1969 during the Nigerian Civil War at Queen Elizabeth Chapel, Umuahia according to the Christian rites. The original certificate has always been kept by his wife, in consequence whereof he was unable to file the certificate, an affidavit was however filed with the petition. He testified that the Respondent was a spinster and her surname prior to the marriage was Nnoyelu while he, the Petitioner was a bachelor. Both parties have their abode in Nigeria and their domicile in Nigeria. After the marriage in April, 1969, the parties cohabited at various period at Umudike Quarters, Umuahia, G.R.A, Owerri, C2 Real Estate Uwani, Enugu and 13, Nwobodo Street, G.R.A., Ekulu, Enugu until 21st March, 1978 when cohabitation ceased between them. The Petitioner explained that cohabitation ceased between the parties on the 21st March, 1978 as a result of irreconcilable differences between them.
There are however four children to the marriage. They are as follows:-
1. Ifeanyichukwu Nwobodo, male born on the 22nd of December, 1969 at Owerri
2. Ifeoma Adaku Nwobodo, female, born on the 5th of May, 1971 at Enugu – aged 22 years
3. Chukwudi Nwobodo, male born on the 7th of October, 1973 at Enugu, aged 19 years
4. Usonwanne Nwobodo male, born on the 22nd December, 1976 at Enugu aged about 17 years now.
The Petitioner testified that these children have always lived with him since the Respondent left the matrimonial home on her own accord in March, 1978. He has been taking care of them and meeting all their requirements. He stated that he has had to institute this suit because the marriage has broken down irretrievably. He has not connived, colluded or conspired with anyone or the Respondent to bring this Petition. He wished to continue to retain custody of the children and he is ready to meet all that is required to raise them in a comfortable environment. The parties have lived apart for over 14 years and he urged the Court to grant his petition to dissolve the marriage. As regards the Respondent, he testified that she should be able to look after herself without any obligation, financial or otherwise from him since she is in a gainful employment at the Federal Radio Corporation Enugu where she is a Controller and a very senior member of staff. She has put in a long service as she has been so engaged with the Federal Radio Corporation, Enugu even before their marriage.
Mr. K.C. Okwu, in his submission reviewed the facts of the Petition and he urged the Court to believe the evidence of the petitioner which stands unchallenged. Upon the fact before the Court, the Respondent failed to defend the Petition, I agree with the submission of Mr. Okwu that the evidence not controverted should be accepted as correct. I refer to Madaga v Bai (1987) 3 NWLR (Pt 32) 635 at 636 and Nwabuoku v Ottin (1961) 1 ALL NLR 487. The onus of proof in a civil case is upon the preponderance of proof and the Petitioner proved his petition:
The grounds for seeking dissolution of the marriage with the Respondent are:
(1) Irreconcilable differences between the parties
(2) Living apart since 21st March, 1978.
Section 15 (1) of the Matrimonial Causes Act Cap. 220 Laws of the Federation 1990 Volume 12 States that a Petition for a decree of dissolution may be presented to the Court on the ground that the marriage has broken down irretrievably – Section 15 (2) states that the marriage shall be taken to have broken irretrievably if any one or more of those circumstances listed in Sections 15 (2) a – h are met.
The Petitioner has hanged this petition on section 15 (2) (f) that the parties have lived apart for a period more than 3 years prior to the presentation of these proceedings. The Petitioner has been looking after the children whose ages range between 17 and 24. Three of them are already adults and no formal order is required for their custody. The Respondent has always had access and there shall continue to be such access to the children. The Petitioner shall continue to meet his fatherly obligations for the upkeep of these children until they are able to fend for themselves.
I therefore grant a Decree Nisi for the dissolution of the marriage contracted between the Petitioner and Respondent herein. Owing to the long separation of the parties and the anxiety of the Petitioner to start a new life, I exercise my discretion to abridge the time required and this Decree shall become absolute after the expiration of 6 weeks from the date hereof unless sufficient cause is shown to the contrary.
……………………………….
DOLAPO F. AKINSANYA (MRS.)
JUDGE
26th February, 1993