Akin Kuponiyi
A Lagos High Court sitting at Igbosere Lagos State south west Nigeria will today rule on an application filed before the court by Mr Aminu Atiku, the son of the former Vice President Nigeria, Atiku Abubakar, seeking to suspend his children’s N250,000 monthly maintenance allowance.
The Presiding Judge, Kazeem Alogba fixed the date yesterday after hearing arguments from Oyinkan Badejo, Atiku’s counsel and Ethel Okoh, counsel for his ex-wife, Ms. Unmi Fatima Bolori. Neither Atiku nor Bolori was present in court.
In the said application, Atiku is seeking to upturn a magistrate’s court decision awarding custody of the ex-couple’s daughter, Ameera, 11 and son, Aamir, 7 to Bolori.
He is also seeking a stay of execution of the N250,000 monthly maintenance allowance,on the ground, that it is “onerous”.
At the hearing of the applications yesterday, Badejo contended that the N250,000 was unnecessary because Atiku was satisfying all the needs of his children.
She disputed any connection between the sum and an earlier amount of N300,000 negotiated as child maintenance between the estranged couple.
“It (the N300,000) had nothing to do with this case. It was an agreement facilitated by friends of the family towards an amicable settlement,” Badejo said.
According to her, the applicant (Atiku) was footing the children’s educational and medical bills, among others commitment.
She added: “He’s paying for their schooling and all the incidentals including school bus, feeding,and their medical cover is comprehensive.”
The lawyer told the court that the lower court did not consider Atiku’s ability to pay the N250,000 and that the financial capacity of Atiku’s parents was irrelevant .
“The man is spending from his own pocket. How many 40-year olds are receiving allowances from their parents?” she asked.
But Okoh debunked her argument.
She said contrary to the Magistrates’ Court order, Atiku had not paid the N250,000 since March, adding that the Section 62(5) of the Lagos State Child’s Rights Law required him to pay maintenance allowance for the upkeep of his kids.
Okoh explained that the N250,000 monthly maintenance sum included payment for feeding and wardrobe allowance among others, in accordance with the N300,000 earlier child custody agreement.
Okoh said: “N300,000 is not beyond his (Atiku’s) means. On March 8 and 15, he sent the respondent two letters requesting the release of the kids to go on a two-week vacation abroad. The monthly allowance is a far cry from the cost of vacation abroad.
She alleged that Atiku did not pay his children’s school fees until April 11, a day before his appeal at the High Court.
Okoh added: “From March till date, nothing has been paid for the kids allowance. The respondent is also not aware of any arrangement for medical cover for the kids. They are not benefiting from any medical insurance.”
On January 10, 2018, Chief Magistrate Kikelomo Ayeye presiding over the Tinubu Magistrate Court granted Bolori full custody of the two children.
The court stated that Aminu failed to file a response to Bolori’s application for child custody.
Ayeye in her verdict:declared that “In view of the deliberate absence of the respondent and his legal team, I am constrained to make the following orders in default of respondent’s presence and in the best interest of the children to wit:
“Unmi Fatima Bolori is hereby granted full custody of Aamir Abubakar Sadiq Aminu Atiku (seven years) and Ameera Amina Atiku (nine years).
“The applicant is allowed to reside with the children at her residence at Katampe Extension, Abuja. The applicant is ordered to put the children in schools suited for their educational needs in Abuja.
“Access is granted to the respondent to visit his children in Abuja and request for the children to spend holidays with him.
“The respondent is ordered to pay monthly upkeep allowance for the children in the sum of N250,000 monthly beginning from January 2018.”
However, Aminu, through his counsel Oyinkan Badejo, filed two applications; one seeking leave of the court to appeal the lower court judgment, which was granted, and the other for a stay of further execution of its terms.