Court grants custody of children to mother, orders father to pay N100,000 monthly upkeep

An Ekiti State High Court sitting in Ado-Ekiti has granted one Mrs Busola Abere custody of the two children of her failed marriage with Mr. Babatunde Abere.

In his ruling, Justice Julius Ajibare held that granting the applicant shared custody of the children would be absurd, adding that the court had no business engaging in such an absurdity.

The judge ruled, “From the evidence before me, I am of the candid view that granting the Applicant shared custody of the children will be absurd. The court has no business of any kind engaging in such absurdity.”

Consequently, the court ordered that custody of the two children be granted to Mrs Busola Abere, while Mr. Babatunde Abere was directed to take active and financial responsibility for their education until they attain tertiary education in their preferred disciplines.

The court further ordered the applicant to pay the sum of N100,000 monthly as upkeep allowance for the two children into a dedicated account established for that purpose.

However, the court granted Mr. Abere unhindered and unrestricted access to the children, being their biological father, at all reasonable times and in public places.

Earlier, Mr. Babatunde Abere had instituted an action against his wife, seeking an order of the court granting him joint or shared custody and access to the two children of the marriage, alongside other reliefs the court might deem fit.

In his supporting affidavit, presented through his counsel, Folasade Abiodun, Mr. Abere stated that he had been living with his wife and children until October 2025, when he was allegedly forced to leave the matrimonial home due to constant attacks, unresolved disputes, confrontations and arguments that were escalating towards violence.

He further argued that granting his application would ease his burden and relieve him of the unending anxiety over the whereabouts and well-being of the children.

In her defence, the respondent, Mrs Busola Abere, through her counsel, Iyanu Olumuagun, denied the averments contained in her husband’s affidavit and opposed the application for custody.

She argued that granting custody to the father could adversely affect the children’s mental health and education, alleging that they could be exposed to drunkenness, gambling and waywardness.