Court Declines Jurisdiction in Tunde Ayeni’s Suit Against Adaobi Alagwu, Faults Claim of Victory

Contrary to claims by former Skye Bank chairman, Dr. Tunde Ayeni, that a court had ruled in his favour in a paternity and marriage dispute with Abuja-based lawyer, Barrister Adaobi Alagwu, certified court documents reveal that the Customary Court of the Federal Capital Territory (FCT), sitting in Dawaki, has in fact declined jurisdiction to hear the case.

In a certified true copy of the ruling obtained on Thursday, the court categorically held that it lacked the legal competence to adjudicate on the reliefs sought by Ayeni. The three-member panel, led by Presiding Judge Hon. Adlin Uche Achoru and Justices Hon. Olowu Ojo Ajiboye and Hon. Stephen Olumide Agbede, cited statutory limitations and the absence of a valid customary law marriage between the parties.

Ayeni had filed suit FCT/CC/CV/DK/M/03/2025 against Alagwu, seeking a declaration that no marriage existed between them and disclaiming paternity of a baby girl allegedly linked to the union. However, Alagwu filed a preliminary objection, challenging the court’s jurisdiction and joining issues with Ayeni.

Delivering its ruling, the court noted that the claim was fundamentally flawed. “This exhibit shows that no marriage can exist between the parties before us, as the purported customary law marriage is illegal ab initio. The only thing the court can do at this juncture is to make a declaration that there never was, and never has been, any marriage between the parties,” the court stated.

Crucially, the court emphasized that under Section 33(1) of the Marriage Act, only Ayeni’s legal wife, Mrs. Abiola Abosede Ayeni, has standing to sue for bigamy. As such, the court lacked jurisdiction to proceed with Ayeni’s claims, noting, “It is trite law that you cannot place something on nothing and expect it to stand,” citing Macfoy v. UAC (1961).

While the court agreed with the declaration that no customary marriage existed between Ayeni and Alagwu, it declined to adjudicate on any other relief, asserting its lack of jurisdiction under the FCT Customary Court Act, 2007. It advised any aggrieved party to seek redress at the Customary Court of Appeal.

The ruling casts doubt on Ayeni’s earlier public statements. In a syndicated media interview, he claimed the Dawaki Magistrate Court ruled that he had no marital ties to Alagwu and was not the father of her child. He also accused her of attempting to fraudulently claim ownership of his properties.

“My singular regret is that I ever came across Adaobi Alagwu,” Ayeni said in the interview. “I’m still involved in legal proceedings to recover two properties from her and her mother. They’ve been served notices to vacate.”

He also denied speculation that his wife, Abiola, was behind media reports about the case, blaming Alagwu and unnamed “cohorts” for a smear campaign. “Sometimes when people think you’re stupid, you have to prove them wrong,” he added.

Legal observers note that Ayeni’s claims may now face further scrutiny, especially given the court’s refusal to validate the reliefs he sought. The legal dispute over the properties and other issues remains ongoing.