The Court of Appeal in Port Harcourt has upheld the fine imposed on popular Nigerian On-Air Personality, Ifedayo Olarinde, also known as Daddy Freeze, for committing adultery with Benedicta Elechi
On February 18, 2021, a High Court in Port Harcourt, Rivers State, ordered Daddy Freeze to pay the sum of N5m to Benedicta’s ex-husband, Paul Odekina, for committing adultery with Benedicta who was married to Odekina at the time.
The High Court’s judgment stated, “The sum of N5,000,000 is awarded against Ifedayo Olarinde (the 2nd Cross Respondent to the Cross Petition) as damages for depriving the Cross Petitioner of the amiable consort of his wife (Petitioner/1st Cross Respondent) and for injury suffered as a result of his adultery with the Petitioner/Cross Respondent.”
Also, the court dissolved the marriage between Odekina and Elechi due to her adulterous relationship with Daddy Freeze.
But Daddy Freeze was not satisfied with the High Court’s ruling and appealed to the Court of Appeal, arguing that Odekina did not serve him with court papers personally before applying for substituted service.
The OAP claimed that Odekina’s action violated Order 7 Rule 2 of the Rules of the Trial Court.
Daddy Freeze further argued that the substituted service by courier was ineffective, as shown in the affidavit of service, which he claimed violated the twin pillars of the principle of natural justice.
In the Certified True Copy (CTC) of the judgment dated June 26, 2024, the three-man panel of Justices Abubakar Talba, Danlami Senchi, and Hannatu Balogun, dismissed Daddy Freeze’s appeal for lack of merit.
It partly read, “Affidavit evidence can only be countered by a Counter Affidavit. As such, I found the procedure adopted by the Appellant alien to our jurisprudence.
“Where the Appellant wants the judgment of the trial court to be set aside for non-service, he ought to have approached the trial court by filing a Counter affidavit against the affidavit of service he seeks to set aside and consequently set aside the judgment of the trial court. Thus, as it is in the instant appeal there is nothing filed by the Appellant to counter the affidavit of service of the Process Server filed in
“Hence, therefore I resolved the sole issue for determination against the Appellant and in favour of the Respondents.”
The court further resolved, “The appeal therefore lacks merit and it is hereby dismissed. Accordingly, the judgment of the Rivers State High Court in Suit No. PHC/403MC/2012 delivered on the 18th February 2021 by J. Akpughunum, is hereby affirmed. I make no order as to costs.”