- Davido and Sophia have been arguing over child custody in recent times
- Sophia argued that Davido was unfit to raise their daughter, stating the death of Davido’s son as evidence
- TheRadar established the position of the Nigerian law on child custody
Sophia argued that Davido was unfit to raise their daughter, referencing as evidence the tragic death of Ifeanyi, Davido's son in 2022.
The document, which circulated on social media, read in part, “The applicant cannot take proper care of our daughter because he lives a controversial lifestyle (negative media attention) that will expose our daughter to more negative trauma at her tender age.
“The applicant in his role as an artiste always travels and allows many unsavory male adults around him and his house, who will not be a good influence on an impressionable young female child, like our daughter.
“The applicant disagreed with child therapy as the applicant has been estranged from our daughter for a while and safely and sustainably establishing a meaningful presence in our daughter’s life is paramount.
“The applicant is married to another woman, and they live together. The proper upbringing of our daughter by another cannot be guaranteed.
“The fact that the applicant lost his son in his house in rather unfortunate and questionable circumstances shows that our daughter cannot be placed in the custody of the applicant.”
Davido in turn responded by stating that the death of his son haunts him every day, raising this again reminded him of his pain.
In his words, “You're constantly bringing up the death of my child at any point you can to just remind us of this tragedy that haunts us everyday of our lives.”
He later said that he agreed to leave the child in the custody of Sophia as the child will eventually grow to see how he fought for her.
In his words, “She will grow up to see I fought for her. As for now, you can have her. P.S: she won’t be a child forever. Your father loves you!
“All I asked for was ‘joint custody’ but cus it’s Davido yall wanna act like yall can’t read! SMH I’m off this … y'all be blessed and I pray this never happens to you.”
Position of law on child custody in Nigeria
It is sacrosanct to examine what the Nigerian law has to say on child custody. In the case of Nwosu v. Nwosu (2012) 8 NWLR), in cases where a union has produced children, both parents have equal right and access to the children. In this case, “custody” was defined as: “The care, control and maintenance of a child awarded by a court to a responsible adult. Custody involves legal custody (decision making authority) and physical custody (care giving authority), and an award of custody usually grants both rights.”
The position of the law on child custody in Nigeria differs under Statutory marriage, Customary marriage and Islamic marriage. Each of these legal positions will be considered.
- Statutory marriage
The custody of a child under statutory marriage in Nigeria is regulated by The Matrimonial Causes Act (1970) and Child Rights Act (2003). The law in this regard states that the custody of a child is determined based on the interest of the child.
However, before the court order for custody, both parents have an equal right to the child’s custody. This can be instituted in the Magistrate Court or a High Court.
- Customary marriage
The custody of a child in a customary marriage is given to the father of the child even though various provisions of the law render this position of customary law invalid.
In the case of Febisola Okwueze v. Paul Okwueze (1989) 3 NWLR pt 109, pg. 321, under customary law in Nigeria, the father of a legitimate child has absolute right of custody of the child, this will not be enforced if it detrimental to the child's welfare.
- Marriage under Islamic law
Under Islamic law, the wife is only required to retain custody of the child when the child is a toddler or less than the age of seven for a male child and less than nine for a female child. However, the welfare of the child will still be considered as seen in the case of Bilyamin Bishir v. Suwaiba Mohammad (KTS/SCA/KT/39/2019).
- Child born out of wedlock
However, as it stands, there is no Nigerian legislation regulating the custody of a child born out of wedlock only some Court decisions. Therefore, the shift to the Matrimonial Causes Act 1970 which regulates the custody of a child in a dissolved marriage.
Following the decision of the Court on the issue of the custody of a child born out of wedlock in Mojekwu v. Ejikeme (2000) 5 NWLR (Pt. 657) 402 at p. 426 paras A-B, The Court of Appeal held that: “The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. This must be so since the child must belong to a family and should not be rendered homeless for a situation he did not create.”
Also, Section 71(1) of The Matrimonial Causes Act provides that: “In proceedings with respect to the custody, guardianship, welfare, advancement or education of children of a marriage, the court shall regard the interest of these children as the paramount consideration, and subject hereto, the court may make such order in respect of those matters as it thinks proper.”
In most cases, the court will, at its discretion, favour the party whose interests, safety, and welfare the child is safeguarded. If none of the parties fit this position, then the child will be transferred to the welfare department.
The court can decide to grant divided custody, split custody, joint custody, temporary custody and third-party custody.
Therefore, concerning the issue of custody between Sophia and Davido, following the provisions of the law, in the availability of both parents, the interest and welfare of the child will be considered as a priority, and the court or other Alternative Dispute Resolution (ADR) will determine at its discretion the custody of the child. The Court often takes into consideration the parent-child relationship and the age, gender, and psychological well-being of the child.
In this case, it is not in the place of Davido or Sophia to determine the custody of the child. The court at its discretion will consider the interest of the child to determine the custody.
Davido gifts Ubi Franklin luxurious car reportedly worth millions of naira
Meanwhile, TheRadar recently reported Davido’s gift of a luxurious car to Ubi Franklin, Chioma’s manager and music executive.
The luxurious car given to Ubi Franklin was reportedly worth about 68 million Naira. Ubi responded by publicly appreciating Davido in his Instagram story. Davido's gift to Ubi raised different reactions from the public. Some Nigerians congratulated him, while some others had different reactions.
