Lukman Olabiyi
Former Vice President, Atiku Abubakar‘s son, Aminu, has approached the Lagos State High Court, Igbosere, to upturn a magistrates’ court verdict awarding custody of his two children to his ex-wife, Unmi Fatima Bolori
Aminu told Justice Kazeem Alogba that the lower court did not grant him fair hearing before the judgment in Bolori’s favour..
This submission was contained in the applications, he filed through his counsel, Oyinkan Badejo, seeking leave to appeal the lower court judgment and another application for a stay of further execution of its terms.
The first application, a motion on notice of January 31, 2018, was pursuant to Section 70 of the Magistrates’ Court Law 2009 and supported by a 16-paragragh application.
On January 10, Chief Magistrate Kikelomo Ayeye of the Tinubu Magistrates’ Court granted Bolori full custody of the ex-couple’s daughter, Ameera, 11 and son, Aamir, 7.
The court held that Aminu failed to file a response to Bolori’s application for child custody.
Badejo said: “In response to whether the applicant has shown sufficient ground for the grant of the application, there is not more sufficient ground than the party’s right to fair hearing.
“We arrived at the magistrate court at 12:30pm believing the matter was for mention at 1pm.”
She contended that the lower court erred by hearing and granting Bolori’s application for custody on a date the suit was fixed for mention.
In the other application of February 20, 2018, Badejo urged the court to vary the conditions attached to the custody order.
According to the lower court’s order, Aminu is to pay Bolori N250, 000 monthly for the upkeep of the children, beginning January this year.
Chief Magistrate Ayeye also ordered Aminu to carry out medical insurance on each child, among others.
Reacting, Badejo said: “We are not seeking a stay of the execution of the judgment. But some of the terms were onerous. We were asked to pay N250,000 for the upkeep of two young children, medical allowances, etc. We find that rather onerous.”
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