Customary Court Dissolves Marriage Over Same-Sex Relationship, Orders ₦150,000 Monthly Child Support
By Elijah Ade
A Customary Court in Edo State, South – South Nigeria, has formally dissolved the marriage between Mrs Gift Okotor and Mr David Okotor, bringing an end to their union contracted in July 2015, under Esan Native Law and Customs in Idumu-Iyase, Uromi.
Ruling on the Suit Number IDCC/20/2017 November 2017, the Court, presided over by Barr. P. O. Inegbedion and Mr B. O. Egbadon as First and Second Members, ordered Mrs Gift Okotor to refund the bride price of ₦50 to Mr David Okotor in line with customary requirements following a divorce.
The dissolution was based on the Court’s finding that Mr David Okotor was involved in a same-sex relationship, a claim brought by the Petitioner.
The act was deemed a serious cultural offense under Benin tradition and also a violation of Nigeria’s laws, which prescribe up to 14 years imprisonment for same-sex relations.
The Court granted full custody of the couple’s daughter, Purity, born in February 2016, to Mrs Gift Okotor. It further directed Mr David Okotor to be paying ₦150,000 monthly for the child’s upkeep, covering feeding, clothing, and general welfare, in addition to bearing all medical and educational expenses as they arise.
Through her Counsel, Regina Inegbenebor, Mrs Gift Okotor told the Court that the marriage had broken down irretrievably. She recounted how Mr David Okotor was caught engaging in sexual activity with another man, an act considered taboo and spiritually dangerous within Benin tradition. She also noted that Mr David Okotor is currently wanted by the Police for questioning.
According to her, remaining in the marriage could expose her to ancestral wrath and even death.
The judgment, therefore, not only dissolved the troubled marriage but also emphasized the protection of the child’s welfare while upholding both traditional and legal standards governing marriage in Edo community.
