The Court of Appeal in Port Harcourt, Rivers State, has upheld the fine of N5 million imposed on Ifedayo Olarinde, popularly known as Daddy Freeze, for committing adultery with Benedicta Elechi.
The court also upheld the dissolution of the marriage between Benedicta Elechi and Paul Odekina due to her adulterous act with Daddy Freeze.
Background:
In February 2021, a High Court in Port Harcourt had ordered Daddy Freeze to pay N5 million as damages to Paul Odekina for depriving him of the companionship of his wife and for the injury suffered due to the adultery.
Dissatisfied with this judgment, Daddy Freeze appealed to the Court of Appeal.
Courtโs Decision:
On June 26, 2024, a three-man panel of the Court of Appeal comprising Justice Abubakar Talba, Danlami Senchi, and Hannatu Balogun dismissed Daddy Freezeโs appeal, ruling it lacked merit.
The court found that Daddy Freezeโs grounds for appeal, including issues regarding service of court processes, did not hold, as he failed to file a counter-affidavit against the affidavit of service.
The judgment emphasized that under Nigerian jurisprudence, affidavit evidence can only be challenged by a counter-affidavit. Justice Abubakar Talba, delivering the judgment, stated:
โAs 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.โ
The court further declared:
โHence, therefore I resolved the sole issue for determination against the Appellant and in favour of the Respondents. 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.โ
Outcome:
The Court of Appeal affirmed the judgment of the Rivers State High Court, thereby upholding the N5 million fine imposed on Daddy Freeze and the dissolution of Odekinaโs marriage to Benedicta Elechi.
Legal Representation:
During the appeal, Daddy Freeze was represented by Ola Faro and Ikobah Hilton, while N.A. Naenwi and Wilcox Abereton (SAN) appeared for the first and second respondents respectively.
This decision marks a significant legal conclusion to the case, reinforcing the original judgmentโs consequences on Daddy Freezeโs legal and personal affairs.