The question before My Court today is whether:

Sisi-Oge, a girlfriend of Mr. Odechi, is liable in any way for sleeping with and distracting Mr. Odechi from carrying out His responsibilities as the husband to Mrs. Hajara.

Mr. Odechi has been a popular TV show host whom the Court takes judicial notice of as a married person because of his Nation-wide popularity in that regard stemming from His hit Tv show: THE FIRM MARRIAGE.

Even though His show has restored faith and values in the marriage institution, over the years nationwide, the same cannot be said of his own marriage to Mrs Hajara in recent times. Mr Odechi now comes home very late. Sometimes He does not even come to the matrimonial home, which is just on the adjacent street to the TV station, for weeks at a stretch. This is strange and new behavior as He has been, historically, a very excellent father and husband, for upwards of two decades.

Nothing is known to have drastically changed in the house as His wife and four children: Junior, Bosco, Binta and Francesca remain loving and doting and are still at a complete loss as to what the problem could possibly be.

Mrs. Hajara eventually got wind of the fact that Mr. Odechi has been spending so much time with his personal assistant, Sisi-Oge. Even though Sisi-Oge has Her own vehicle, She either leaves it in Her house and insists that Mr. Odechi takes Her home (a distance of more than 50 Kilometres) or comes to pick Her up to the office everyday. For days on end, He is known to have been spending a whole lot of time with Sisi-Oge and even sleeping in Her House and in Hotels alongside Her. Sisi-Oge is not known to have ever protested that Mr Odechi should go home to His family.

Lawyers to Mrs Hajara argued that Sisi-Oge is breaching matrimonial laws – and brazenly so – in that while She is aware of the fact that Mr Odechi is married, She still uses Her rare beauty and charm to distract Him from His marriage by luring and enticing Him away from focusing on His matrimonial duties. They also argued that Sisi-Oge has committed adultery with Mr Odechi and ought to be made an example of by making Her pay a very high price for this ominous act. They cited numerous cases in support of their arguments and tendered evidence in proof of same.

Lawyers to Sisi-Oge argued vehemently to the contrary. It was their arguement that Mr Odechi is 15 years older than Sisi-Oge and is known to be a brilliant and sound man who knows exactly what He wants in His life. They further argued that Sisi-Oge did not tie a noose round His neck and did not coerce Him in anyway, whatsoever, into having an affair with Her. It was also their argument that Sisi-Oge, being an adult, can determine who she spends Her nights with and for however lengthy a time. In support of their arguments, they cited numerous cases and tendered evidence in proof of same.

The position of the law is that marriage is an institution that two or more people ENTER INTO; and once inside, there are benefits that are exclusively preserved for the persons who have so entered to the exclusion of outsiders. One of such benefits is the right to have your husband or wife to yourself. This must not be read to mean selfishness. This must not be read to mean jealousy. It is a nature of man that the law has chosen to preserve. There are definitely customary laws and religions that allow for a person to take more than one wife, such customary laws and religions however do not allow for such a person to sleep with a person that is not such a wife, so the pre-requisite for sex or companionship therefore under Our laws is that married people should not have sexual intercourse with persons who are not their wives or husbands.

Unmarried people however do not have such a ceiling – so long as they are of age and requisite independence. Moral and religious values ought to restrain them but this is not a moral Court; it is a Law Court. They can spend as much time with whomever they wish to and have unlimited intercourse while they are at it provided they are both unmarried; I repeat: provided that they do not distract or sleep with married people. If they do, it will be held to be adultery and deprivation of consortium. If they do, they will be in breach of the law and will be found accordingly liable. This is especially so when they are proven to have actively and knowingly participated in acts that deprive the other party of enjoying their husbands or wives as they are entitled to under matrimonial and customary marital laws.

The position of the law is therefore this: young ladies and young men who are engaged in acts of distracting their SUGAR MUMMIES AND DADDIES from their respective duties at home are liable. It is poisoned chalice, don’t take a bite.

This rule also applies to persons who seek to destroy homes by deliberately giving advice that can potentially break the home. So a neighbour, an-law or even a friend can be held to be liable under these provisions. Because it sounds ridiculous does not mean it is not the law.

I therefore hold as follows:

1. Sisi-Oge, having clearly known that Mr Odechi is not unmarried and having proceeded to entice him away from his responsibilities as the husband of Mrs Hajara, is liable for distracting, enticing and deprivation of consortium.

2. Sisi-Oge, having known and proven to have had sexual intercourse with Mr Odechi by not denying same when such allegation was made, is deemed to have admitted same and is therefore, liable in adultery.

I HEREBY ORDER THAT:

1. Sisi-Oge should pay a sum of N3,000,000.00 (Three million Naira) as Exemplary damages to Mrs Hajara for brazenly depriving Her of Her entitlements flowing from a legitimate marriage.

I shall now rise.

©Eko Solicitors and Advocates

AUTHOR: JUSTICE OJIENOH