Children’s custody: Wife slams N50m suit against Ambassador, son, others

By OLUSEGUN ABISOYE, Abuja

An Abuja-based housewife, Mrs Jamila Sidi Sirajo Tafida, has dragged his erstwhile husband, Mohammed Tafida, before a High Court of the Federal Capital Territory, over the controversy surrounding the custody of their three children.

Sued alongside Mohammed is his father, Ambassador Dalhatu Tafida, a former Senate Leader and erstwhile Nigerian High Commissioner to the United Kingdom.

Other defendants include; the Inspector General of Police, the Commissioner of Police FCT Command, the Chief Registrar Sharia Court of Appeal FCT, Hon Ado Ahmed (former Upper Area Court Judge Garki sitting at Kado Abuja), Hon. Yusuf Babba (current Upper Area Court Judge Garki Sitting at Kado, and the Registered Trustees of Games Village Residents Association, Abuja.

In the right enforcement suit dated November 18, 2021, marked CR/136/21, and filed by Adamu Wakili Esq, the claimant among other reliefs wants “An order compelling Mohammed, his father, the two Judges (5th and 6th respondents) to pay the sum of N50,000,000.00 (Fifty Million Naira only) to the Applicant as damages for the unlawful invitation of the Applicant by the 6th Respondent with the backing of the 3rd and 4th Respondents (Police) to handover her underage children to the 1st Respondent without any just cause.

“A declaration that the invitation of the application by the 6th Respondent to his former court on a matter he already delivered judgement on 25 /10/2021 and which is already on appeal at the Sharia Court of Appeal is unlawful and unconstitutional and is, therefore, a violation of the fundamental rights of the Applicant.

“A declaration that the 6th Respondents has no legal power or authority to force the applicant to forcefully handover her three underage children to the 1st Respondent who wants to take them at all cost to Pakistan as this violates the applicant’s fundamental rights to personal liberty and also the Fundamental Rights of the said underage children.

“A declaration that the enforcement unit of the 5th Respondent has no right to enforce the judgment delivered on 25th /10/2021 by the 6th respondent which is contrary to justice and rule of law which has already been appealed against by the applicant without recourse to rule of law, thereby making it an abuse of court process.
A supporting affidavit deposed to by one Mohammed Ozavize, stated that without recourse to any existing Islamic and natural law but just because the 1st Respondent told the 6th Respondent that he was going to Pakistan with the children of the marriage, the 6th Respondent granted the custody of the three children to 1st Respondent which in view of their ages is against natural justice and rule of law.

“The applicant because of the tender ages of the children appealed the decision of the court to the Sharia Court of Appeal where the 6th Respondent was the judge but despite the pending appeal, the 1st, 2nd and 6th Respondents are bent on using their connections and whatsoever to influence the 3rd and 4th Respondents to force the Applicant to handover these tender innocent children to the 1st Respondent for him to take them away to Pakistan without following the rule of law.”

It was averred that officers of the Nigerian Police with the enforcement unit of the Upper Area Court have already laid surveillance on the applicant residence after their first attempt to carry out a fake execution of the purported Court order to force the applicant to hand over her children to be carted away to Pakistan by the 1st Respondent failed on 3/11/2021, thereby causing trauma to the Applicant and her children who could not even go to school again for fear of being kidnapped on the instruction of Mohammed and his Father.

The affidavit added that the police, 2nd, and 3rd Respondents are only looking for an escape way to forcefully evict the Applicant from the house she now resides with her children knowing fully well that the custody judgment in favour of the 1st Respondent at the 6th Respondent’s court could not be sustained at the Sharia Court of Appeal since it is an obnoxious decision that could not be supported by any known Sharia or natural law.

Similarly, the claimant has filed a direct criminal complaint marked CR/251/21, dated November 22, against her former husband.
An accompanying affidavit stated that on 8th November 2021, Mohammed went to the residence of the complainant and harassed her life with his friend holding a gun.

“That the defendant repeated his call again on 11th November 2021 and broke the door of the house, brandishing serious threat to the life of the defendant and all the occupants in the house.

“That on all the two occasions, it took the intervention of security of the estate to save the life of the complainant and other occupants in the house.
Consequently, Mrs Jamila (complainant) is praying the court to issue summon against the defendant for the offence of attempting to commit culpable homicide contrary to section 229 penal code.

“To restrain the defendant from any further attempt and or threat to the life of the complainant until this case is determined. (Daily Independent)