Court dissolves ex-Rep’s marriage, quashes adultery allegation against wife
Justice David Mann of High Court III dissolved the marriage in his judgment on the petition filed by the wife
A Jos High Court on Tuesday dissolved the marriage between Leonard Dilkon, a former member of the House of Representatives, and his wife, Joy.
Justice David Mann of High Court III dissolved the marriage in his judgment on the petition filed by Joy, seeking an end to the union.
Mann said: “The marriage between these two people has broken down irretrievably. It is hereby dissolved.”
The News Agency of Nigeria, reports that Joy, through her Counsel, Juliet Esoro, had filed a petition on August 5, 2016 asking the court to dissolve the marriage because she was no more in love with her husband.
She also prayed the court to grant her access to the three children the marriage was blessed with. The children had been with their father since the marital crisis began in 2011.
She claimed that since July 3, 2011, when the crises started, she had lived separately with her husband “without any conjugal relationship between them”.
But Dilkon, who did not oppose her plea for divorce, accused Joy of committing adultery with her Pastor, Damjuma Fwenji.
The former lawmaker, through his counsel, Francis Okafor, accused the wife of being unfaithful to him “for à very long time”.
In his cross petition to the court, Dilkon claimed Joy once took in for Fwenji, but alleged that the pregnancy was aborted.
Fwenji, however, denied the allegation, and filed a motion seeking N10 million as compensation for the damage to his image and reputation.
Mann, in his judgement, declared that from all indications, especially from the evidences of the prosecution and defence witnesses, the marriage could not stand since all attempts to reconcile the couple had failed.
He said: “From all indications, the marriage between Mr and Mrs. Dilkon has broken down irretrievable and I hereby declared it dissolved.
“As for the prayer for access to the children, the court hereby grants the mother of the three children equal access as their father, both at home and at school.”
On the issue of Dilkon’s claim of adultery against the wife and the clergy, the judge declared that that petition had failed as the “petitioner could not substantiate his claim before this honourable court’’.
Mann said: “I hereby declare that Dilkon’s claim of adultery has failed and therefore is struck out.
“Fwenji’s demand for N10 million as damage can also not stand since he did not follow due process in filing his appeal. It is therefore discarded.’’