The High Court of the Federal Capital Territory (FCT), sitting in Kubwa, has granted custody of a six-year-old child to his mother, Mrs. Jemeela Jega, following the death of her husband, CSP Nasir Hassan Jega, in an official police operation.

Justice O. I. Adelaja delivered the judgment on Thursday, ruling in favour of Mrs. Jega, who had petitioned for the dissolution of her marriage and sought custody of their only child.

The case, filed by the petitioner’s counsel Oyarebu Fatimah (MRS) from the Legal Aid Council of Nigeria (LACN), saw delays after CSP Jega’s death was reported to the court on November 19, 2024.

The matter was adjourned multiple times before final proceedings resumed on January 16, 2025.

In her testimony, Mrs. Jega affirmed that she was married to the late police officer on September 4, 2014, and presented their marriage certificate as evidence. She also provided the child’s birth certificate dated February 22, 2019, proving their parental ties.

Justice Adelaja, while ruling on the matter, emphasized that the welfare of the child was paramount in custody cases. Citing precedents from Obahaya v. Obahaya (2022) and Okwueze v. Okwueze (1989), the judge stated that the best interest of the child must always take precedence over any customary law considerations.

“The child, born in 2019, is of tender age and has now lost his biological father. His mother is still alive and willing to take custody. The court must consider the child’s welfare—physically, morally, and mentally,” the judge ruled.

Referencing similar cases, including Williams v. Williams (1987) and Odogwu v. Odogwu (1992), Justice Adelaja held that custody decisions should be based on a parent’s ability to provide a balanced upbringing, good education, and a safe environment.

With this ruling, Mrs. Jega has been awarded full custody of her son, ensuring his welfare and future security following the tragic loss of his father.