IN THE FAMILY COURT OF OSUN STATE MAGISTERIAL LEVEL

HOLDEN AT OSOGBO

SUIT NO:………….
BETWEEN:
MR ADEWUMI FEMI OLUWASEGUN………..…………………….
APPLICANT

AND

1. ADERIBIGBE OMOLOLA OMOBOLANLE

................RESPONDENTS
2. ADERIBIGBE FELICIA AYOKE

MOTION ON NOTICE
BROUGHT PURSUANT TO SECTIONS OF THE CHILD RIGHTS LAW OF
OSUN STATE AND UNDER THE INHERENT JURISDICTION OF
THIS HONOURABLE COURT.
TAKE NOTICE that this Honourable Court will be moved on the …… day
of………………. 2024 at the Hour of 9 O’ clock in the forenoon or so soon
thereafter as Counsel for the Applicant will be heard praying this Court
for:

1. AN ORDER of this Honourable to grants the custody of the two children of

the marriage, namely:

a. Adewumi Kehinde Omolola, and

b. Adewumi Taiwo Oluwafemi,

both born on the 1st day of February, 2019, to the Applicant OR in the
alternative, to the 1st Respondent, based on the welfare and best interests of
the said children.

2. AN ORDER that this Honourable Court directs that the said children,
Adewumi Kehinde Omolola and Adewumi Taiwo Oluwafemi, MUST either
reside with the Applicant or the 1st Respondent exclusively, and in the event
that the 1st Respondent fails or refuses to take custody of the said children,
custody shall automatically vest in the Applicant.

3. AN ORDER that this Honourable Court orders a DNA test to be conducted

on the two children, Adewumi Kehinde Omolola and *Adewumi Taiwo
Oluwafemi, to establish their paternity and confirm the biological
relationship between the children and the parties to the marriage.

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
AND for such any further orders this Honorable Court deems fit in the interest
of justice and in the best interest of the children.

GROUNDS FOR THE APPLICATION:

1. Best Interest of the Children

a. That the paramount consideration in matters of custody is the welfare and

best interest of the children, as established under Nigerian family law.

b. That the children, Adewumi Kehinde Omolola and Adewumi Taiwo

Oluwafemi, born on the 1st day of February, 2019, require a stable, nurturing,
and supportive environment for their physical, mental, and emotional
development.

2. Irresponsibility and Abandonment by the 1st Respondent

a. That the 1st Respondent, Mrs. Aderibigbe Omolola Omobilanle, traveled to

the United Kingdom on the 25th day of September, 2022, leaving the children
in the care of her mother, Mrs. Aderibigbe Felicia Ayoke, who lacks the
education, capacity, and resources to properly care for them.

b. That the 1st Respondent’s actions amount to a clear abdication of her

parental responsibilities and demonstrate her inability to prioritize the welfare
of the children.

3. Applicant’s Commitment and Financial Responsibility

a. That the Applicant, Mr. Aderibigbe Femi Oluwasegun, has consistently

provided for the children, including paying their school fees, sending money for
their upkeep, and providing housing and other necessities.

b. That the Applicant has shown unwavering commitment to ensuring the

children’s well-being and providing a conducive environment for their
upbringing.

4. Request for DNA Testing

a. That the Applicant reasonably suspects the paternity of the children due to
the 1st Respondent’s history of infidelity and wayward lifestyle.

b. That a DNA test is necessary to establish the biological relationship

between the Applicant and the children in order to determine paternity.

c. That the Applicant is willing to bear the cost of the DNA test.

5. Alternative Custody Arrangement

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
 a. That if custody is granted to the 1st Respondent, this Honourable Court
should mandate that the children either live with the 1st Respondent or the
Applicant exclusively.

b. That failure by the 1st Respondent to take custody of the children should
automatically result in the children’s custody being granted to the Applicant.

6. Preservation Of The Children's Welfare

a. That the current arrangement where the children are left in the care of
Mrs. Aderibigbe Felicia Ayoke, an uneducated grandmother, is detrimental to
their welfare and best interest.

b. That granting custody to the Applicant would ensure the children have
access to quality education, healthcare, and a stable environment.

7. Legal Precedent And Jurisdiction

a. That the Court has jurisdiction to grant reliefs in custody and matrimonial
matters under the applicable family law statutes and principles of equity.

b. That the reliefs sought are supported by judicial precedents and statutory
principles aimed at safeguarding the welfare of minors.

8. Its in the interest of Justice to grant this application.

Dated This 19th Day Of November, 2024.

-----------------------------
ABAYOMI ADEDEJI ESQ
ABAYOMI ADEDEJI & CO
APPLICANT’S COUNSEL
No 7a Ayoola Street,
Olonkoro, Osogbo,
OSOGBO.
ADDRESS FOR SERVICE:

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
 IN THE FAMILY COURT OF OSUN STATE MAGISTERIAL LEVEL
HOLDEN AT OSOGBO
SUIT NO:………….
BETWEEN:
MR ADEWUMI FEMI OLUWASEGUN………..…………………….
APPLICANT

AND

1. ADERIBIGBE OMOLOLA OMOBOLANLE

................RESPONDENTS
2. ADERIBIGBE FELICIA AYOKE

AFFIDAVIT IN SUPPORT OF THE MOTION

I, MR. ADEWUMI FEMI OLUWASEGUN, male, Christian, Nigerian, of No 3,
Unity Close, Behind BJ Dinners, Tinumiola area, Osogbo, do hereby make oath
and state as follows that:

1. I met the 1st Respondent, Aderibigbe Omolola Omobilanle, through my

cousin, and we began a relationship.
2. During the early stages of our relationship, I discovered she was
unfaithful, having an affair with another man, but she apologized, and I
forgave her.
3. Despite my forgiveness, she resumed communication with the same man
shortly after my departure to the United States of America.
4. We got engaged on the 14th day of October, 2018, and our relationship
produced twins, Adewumi Taiwo Oluwafemi and Adewumi Kehinde
Omolola, who were born on the 1st day of February, 2019.
5. I have always been a loving and responsible father, providing financially
and emotionally for my children.
6. The 1st Respondent travelled to the United Kingdom on the 25th day of
September, 2022, leaving the twins in the care of her mother, Mrs.
Aderibigbe Felicia Ayoke, who lacks the requisite education and capacity
to provide a good life for them.
7. This act demonstrates gross irresponsibility and disregard for the welfare
of our children.
8. I rented an apartment for the comfort of the 1st Respondent and the
children and have been solely responsible for paying the twins’ school
fees and sending money monthly for their upkeep.
9. The 1st Respondent’s applied for her master program in Ibadan, only to
later discover she attended for the purpose of being closer to an ex-
boyfriend.

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
 10. Due to the 1st Respondent’s history of infidelity and wayward
lifestyle, I request that a DNA test be conducted on the twins, Adewumi
Taiwo Oluwafemi and Adewumi Kehinde Omolola, to confirm their
paternity.
11. I am willing to bear the cost of the DNA test
12. This Honourable Court grants custody of the twins to me as their
father, as I am better equipped to provide a stable, secure, and loving
environment for them.
13. The Court directs the 1st Respondent or, alternatively, myself, to
retain custody of the children, and if the 1st Respondent fails to take
custody, the children shall automatically remain with me.
14. The Court orders a DNA test to confirm the paternity of the twins.
15. The Court grants any other orders it deems fit in the interest of
justice and the welfare of the children.
16. That I affirm to this affidavit in good faith believing same to be
true and correct in accordance with the Statutory Declaration Laws
of Osun State of Nigeria 2003.

……………………………
DEPONENT
Sworn to at the Family Court Registry, Osogbo,
this………. day of …………… 2024.
BEFORE ME

………………………………………
COMMISSIONER FOR OATHS

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
 IN THE FAMILY COURT OF OSUN STATE MAGISTERIAL LEVEL
HOLDEN AT OSOGBO
SUIT NO:………….
BETWEEN:
MR ADEWUMI FEMI OLUWASEGUN………..…………………….
APPLICANT

AND

1. ADERIBIGBE OMOLOLA OMOBOLANLE

................RESPONDENTS
2. ADERIBIGBE FELICIA AYOKE

WRITTEN ADDRESS IN SUPPORT OF THE MOTION

1.0. INTRODUCTION:
BEFORE this honorable court is a Motion on Notice brought the inherent powers
of this Court. The motion is humbly praying the Honourable Court for:

1. AN ORDER of this Honourable to grants the custody of the two children of

the marriage, namely:

a. Adewumi Kehinde Omolola, and

b. Adewumi Taiwo Oluwafemi,

Both born on the 1st day of February, 2019, to the Applicant OR in the
alternative, to the 1st Respondent, based on the welfare and best interests of
the said children.

4. AN ORDER that this Honourable Court directs that the said children,
Adewumi Kehinde Omolola and Adewumi Taiwo Oluwafemi, MUST either
reside with the Applicant or the 1st Respondent exclusively, and in the event
that the 1st Respondent fails or refuses to take custody of the said children,
custody shall automatically vest in the Applicant.

5. AN ORDER that this Honourable Court orders a DNA test to be conducted

on the two children, Adewumi Kehinde Omolola and *Adewumi Taiwo
Oluwafemi, to establish their paternity and confirm the biological
relationship between the children and the parties to the marriage.

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
AND for such any further orders this Honorable Court deems fit in the interest
of justice and in the best interest of the children.

The Applicant submits that these reliefs are meritorious and are in the best
interest of the children, as provided under Nigerian law.

2.0. FACTS OF THE CASE

The facts of the case are as set out in the affidavit in support of the application.
Briefly:

a. The Applicant and the 1st Respondent were in a relationship that produced
twins born on February 1, 2019.

b. The 1st Respondent abandoned the children and left them with her
unqualified mother, Mrs. Aderibigbe Felicia Ayoke, while she traveled to the
United Kingdom on September 25, 2022.

c. The Applicant has consistently provided financial and emotional support for
the children, including paying their school fees and maintaining their upkeep.

d. The 1st Respondent has a history of infidelity, prompting the Applicant to

seek a DNA test to confirm the paternity of the children.

3.0. ISSUES FOR DETERMINATION

The Applicant submits the following issues for determination by this Honourable
Court:

1. Whether this Court should grant custody of the children to the

Applicant in the best interest of the children.

2. Whether this Court should order a DNA test to establish the

paternity of the children.

4.0. ARGUMENTS

4.1. Issue One: Whether this Court should grant custody of the
children to the Applicant in the best interest of the children.

4.1.2. The welfare and best interest of the children are the paramount
considerations in determining custody matters. This as provided for
under the Section 71(1) of the *Matrimonial Causes Act, Cap M7 LFN
2004* provides that custody orders must prioritize the welfare of the
children. Also in the case of Williams v. Williams (1987) LPELR-8050
(CA), the Court of Appeal held that custody matters should be decided
based on what serves the children’s welfare best.

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
 4.1.3. In this case:

a. The Applicant has consistently provided for the children’s needs,

including paying their school fees and ensuring their comfort.

b. The 1st Respondent abandoned the children with her uneducated

mother, who lacks the capacity to provide adequate care.

4.1.4. The Applicant submits that granting custody to him will ensure the
children’s welfare and provide them with a stable environment.

4.2. Issue Two: Whether this Court should order a DNA test to establish the
paternity of the children.

4.2.1. The Applicant submits that a DNA test is necessary to confirm the
paternity of the children due to the 1st Respondent’s history of infidelity.

4.2.2. The provision of Section 24 of the *Child Rights Act, Cap C50 LFN 2003*
provides that parental responsibility includes ensuring the child’s right to
identity.

4.2.3. In Sanni v. Sanni (2017) LPELR-42632 (CA), the court ordered a DNA test
to confirm paternity in the interest of justice.

4.2.4. The Applicant is willing to bear the cost of the test, and the result will
provide clarity for future custodial arrangements.

5.0 CONCLUSION

In view of the foregoing, the Applicant respectfully urges this Honourable Court
to grant all the reliefs sought, as they are in the best interest of the children
and necessary for justice in this matter.

We are most grateful to your Worship Sir,

Dated this ................day of ................., 2024.

-----------------------------
ABAYOMI ADEDEJI ESQ
ABAYOMI ADEDEJI & CO
APPLICANT’S COUNSEL
No 7a Ayoola Street,
Olonkoro, Osogbo,
OSOGBO.

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.
FOR SERVICE ON:

Mr Adewumi Femi Oluwasegun And Aderibigbe Omolola Omobolanle & 1 Or: Originating Process
And Other Accompanied Documents.