On Thursday, 18th of February 2021, the Rivers State High Court, Port Harcourt Division, found that Mr. Ifedayo Olarinde (popularly known as Daddy Freeze) committed adultery with Benedicta Nkemdilim Odekina (Benedicta Nkemdilim Elechi-Agunabo) who was the wife of Mr. Paul Odekina at the time. The finding of the Court has put a stamp of confirmation on the lingering controversies making the rounds for quite sometime regarding the issue of the adultery between Daddy Freeze and Benedicta which produced a son (Jason) in 2015.

Following the now established fact that Daddy Freeze slept with Benedicta, the Court dissolved the marriage between Paul and Benedicta on that basis. One of the orders made by the Court following the dissolution of the marriage was an Order directing Daddy Freeze to pay the sum of N5 Million to Paul.

But it appears that the finding of the Court that Daddy Freeze found the wife of another man attractive for satisfying his sexual pleasures did not trouble the public as much as the N5 Million the Court ordered Daddy Freeze to pay to Mr. Odekina.

We must note that in making the Order, the Court gave reasons which were that Daddy Freeze was to pay the N5m for depriving Paul the amiable consort of his wife and for injuries he suffered as a result.

Under Nigerian law, a statutory marriage can be dissolved by the High Court of a State. A statutory marriage is a marriage conducted under the Marriage Act, usually celebrated in a licensed place of worship and/or the marriage registry in line with relevant procedure. This is different from traditional marriage conducted under native customs and traditions.

Adultery as a basis for divorce

Dissolution of marriage by way of divorce is based on one major ground or condition, which is that the marriage has broken down irretrievably. The law (Matrimonial Causes Act) provides a number of factors by which a spouse can prove that a marriage has broken down irretrievably. Adultery is one of them. There are others.

Proving adultery

In filing for divorce based on adultery, the law permits the petitioner to join the adulterer’s partner to the action. This is the reason Daddy Freeze featured in the court action. When joined, the adulterer’s partner would be afforded the opportunity to defend himself or herself. Also, the joinder will enable the Court to make an order against the person accordingly.

However, proving adultery is not enough. From the wordings of the law, the aggrieved spouse must also establish the fact that he or she finds it intolerable to live with the spouse due to the adultery. This was what Paul sought to do and he indeed succeeded in proving that his former wife, Blessing, committed adultery with Daddy Freeze and that he (Paul) found it unacceptable and intolerable to continue to live with Blessing. In order words, it appears Paul was willing to give up his “Field” for Daddy Freeze to continue to plough especially when the activities had brought forth fruit in the person of Jason.

The Court considered the pain and emotional trauma Paul must have suffered in the face of the development and decided to award him N5m by way of damages as compensation. This is right in law. Where there is a right, there is a remedy. Even in the Bible, adultery, especially by way of sleeping with the wife of another man, is a serious act against another man. This accounts for the reason two out of the Ten Commandments provides for it – Thou shalt not commit adultery; and Thou shalt not covet thy neighbour’s wife. Exodus 20:1-17. Although not expressly mentioned, some women today covet their neighbours’ husbands. This injunction must apply to them equally in the spirit of equality. 

In awarding damages, the Court is not ordinarily permitted to award the successful party a windfall. Otherwise, it is arguable whether N5m awarded against Daddy Freeze was sufficient to assuage Paul for the enormity of what he suffered. Nevertheless, no amount of money can actually compensate for it.

Daddy Freeze, the man who kicks against tithes, will now pay for illegally toiling with the thighs of another man’s wife. 

Featured Image Credit: Vanguard.