Son of former Vice-President, Abubakar Atiku, Aminu has launched fresh legal battle against his estranged wife, Fatima Bolori, over the custody of their two children.
In a fresh application filed at the Igbosere High Court in Lagos, Aminu asked the court to upturn the Tinubu Magistrate court’s decision that awarded the custody of their two children to Fatima as well as a N250,000 monthly upkeep.
In his application, Aminu asked Justice Kazeem Alogba that the lower court disregarded his constitutional right of fair hearing before granting judgment in Fatima’s favour.
On Jan.10th, Magistrate Kikelomo Ayeye sitting in Tinubu Court in Lagos Island, awarded full custody of the estranged couple’s daughter, Ameera, 11, and son, Aamir, 7, to Fatima. The lower court held that Aminu failed to file a response to Fatima’s application for the children’s custody.
Aminu, through his counsel, Oyinkan Badejo, filed an application to the high court seeking leave to appeal the lower court’s judgment and another application for a stay of further execution of its terms. The first application, a motion on notice, was brought pursuant to Section 70 of the Magistrates’ Court Law, 2009 and supported by a 16-paragraph application.
“In response to whether the applicant has shown sufficient grounds for the grant of the application, there is no more sufficient ground than the party’s right to fair hearing. We arrived at the magistrates’ court at 12.30 p.m. believing the matter was for mention at 1.00 p.m.” Aminu's counsel said.
She contended that the lower court erred by hearing and granting Fatima’s application for custody on a date the suit was fixed for mention.
On the second application, Badejo urged the court to vary the conditions attached to the custody order. Badejo said according to the lower court’s order, Aminu would pay his ex-wife N250, 000 monthly for the upkeep of the children, beginning from January.
She also said that Magistrate Ayeye ordered Aminu to carry out medical insurance on each child among others.
But 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 and medical allowances. We find that rather onerous.”
Fatima’s counsel, Mr O. N. Olabisi and Mr Ethel Okoh opposed her.
But in a bench ruling, Justice Alogba granted Aminu leave to appeal the lower court’s judgment.
Further hearing was adjourned until May 17th and June 14th.
Bolori, daughter of Maiduguri businessman Alhaji Bukar Bolori, got married to Aminu in 2007 and enjoyed almost five years of marriage which was blessed with two children before the union was dissolved by a Sharia Court in Maiduguri in 2011.
Source: LIB
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