An Area Court sitting at Center-Igboro, Ilorin, has refused child custody of one Saka Alao, 63 years old, on the ground that there are other relatives that could care for the daughter.
Delivering judgment on the case, the presiding Judge, AbdulQadir Umar, said that a father could only have the right of child custody when all the people entitled were found wanting.
Umar said that according to Shari’ah law, the custody of a child should be given to the mother, if not, the grandmother or any of the mother’s relatives.
“If any of these people could not have custody due to one reason or the other, then the father’s relative, starting from his mother, can have custody.
“In this particular case whereby the mother has remarried, she does not have right to custody according to the law, but can suggest a responsible relative,” he said.
The court thereby awarded the custody of the child to her aunty, Mrs Latifat, as the father does not have anything against her.
Umar also ruled that the father could have unlimited access to his daughter any day and at a reasonable time.
Earlier, the complainant told the court that he want to have custody of his 14-year-old daughter and does not want anybody to have her custody.
The respondent, Bilikis Aiyelagbe, pleaded with the court to allow her daughter be in her custody till she finished her education.
She however suggested that the daughter should be with her biological sister, Mrs Latifat at Eyenkorin Area, Ilorin, saying that her sister is ready to take good care of her. (NAN)
