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 duty.
Justice O. I. Adelaja, who delivered the judgment last Thursday, ruled that Mrs Jega, who had earlier petitioned for the dissolution of her marriage and sought custody of their only child before her husband’s death, deserves custody.
The judge held that the prayer for the dissolution of marriage had been overtaken by the event of the respondent’s death. The case, filed by the petitioner’s counsel, Oyarebu Fatimah from the Legal Aid Council of Nigeria (LACoN) 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 married 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.
While ruling on the matter, Justice Adelaja emphasised that the welfare of the child was paramount in custody cases. Citing judicial precedents from Obahaya v. Obahaya (2022) and Okwueze v. Okwueze (1989), the judge stated that the child’s best interest 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.
