Battery: Court Bars Pastor From Matrimonial Home
A ‘pugilist’ Pastor, Victor Anene Ekejuiba, has been ordered by a High Court sitting in Ado Ekiti , to henceforth stay-off his matrimonial home for one year for incessantly beating his wife.
Ekejuiba’s wife, Engr. Caroline, had approached the court, to seek an interim order restraining her husband who had been assaulting her physically.
The woman, who noted that the constant beating had negatively affected her physically and psychologically also sought an orders stopping the hubby from disposing off the movable and immovable properties belonging to her, including one 4-bedroom flat at zone 3, road 4, along Ayegunle street, off Poly road Ado Ekiti, 2-bedroom flat located at the same point, three generators, 5kv listers, among others. .
In a suit number: HAD/633M/2016 filed before Justice Monisola Abodunde , the claimant sought among others an interim order barring her husband from having access to her to prevent her from being killed through beating.
The application was dated December 19, 2016 and was supported by 51-paragraph affidavit, while the respondent’s reply was dated January 25, 2017, the duo also contained some exhibits.
The Applicant’s counsel, Blessing Ajileye, during the trial presented a printed a text message sent by the respondent to her beleaguered wife, which was not controverted by the respondent as evidence to substantiate the claim that Mr Ekejuiba is an unrepentant wife beater.
Ajileye said the respondent threatened in the text that he would continue to beat her wife up and dispose off some of the wife’s personal effects including landed properties, kitchen utensils, as well as furniture and electronics .
In her ruling, Justice Abodunde said: “The issue for determination here is not for the court to rule on the type of marriage between the parties but to rule on the rights of the applicant to be protected from harm that could endanger her life due to matrimonial disputes/domestic violence before she takes steps if she so wishes under the matrimonial causes Act.
“My most persuaded view is that under the present circumstance, the applicant has succeeded in showing the court that her life is endangered by staying under the same roof with the respondent and that she needs to be protected from further harm without prejudice to the rights of the respondent.
“Under Section 2A of the law prohibiting Gender Based Violence, violence is defined as any act that inflicts physical, mental, or sexual harm or suffering or threats of such acts, coercion and other deprivation of liberty”.
Justice Abodunde ordered as follows: “The Engr Caroline Oluchi Ekejiuba is granted an interim protection order , protecting her from further violence, the respondent is restrained from disposing off the movable and immovable properties, the respondent is ordered to vacate the applicant’s home for 12 months in the first instance and he is as well prohibited from coming within fifty metres without her consent”.
By the ruling, Justice Abodunde said the. Respondent is expected to be of good behaviour and that he should strengthen family value between both parties .
She added that failure of the husband to abide by the ruling may attract other punitive measures in line with Section 25 (a) of the Ekiti State Gender Based Violence Prohibition Law.
