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ANALYSIS: When Husband and Wife can no longer live under same roof

Kennett and Clara knew that their marriage was plunging but they were reluctant to go their separate ways due to fear of societal condemnation and the rigour of securing divorce from a high court.

Their union became toxic two years ago when Kenneth began to suspect that Clara was cheating on him. This resulted in frequent conflicts that often degenerate to fights. Kenneth also lost respect and submission from Clara.

Little did they know that a recent fight at night over late return by Clara will end her life.

As usual, they started with verbal attacks and then went into physical fight during which Clara hit her husband hard on the private part and he strangled her to death.

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Many couples like Kenneth and Clara are stuck in soured, toxic and abusive marriages.

They are reluctant to leave the union for several reasons including their children’s upbringing, protecting their reputation, rigours of securing divorce, and religious beliefs.

Critics say that all the reasons are worthy of consideration but do not worthy dying for.

“ As long as a marriage hasn’t become abusive, those reasons and more should be considered for protecting the marriage.

“However, the moment violence enters into a relationship, the only thing to be considered is the safety of the lives involved,” a marriage counsellor, Mrs Obiageli Okoro, argues.

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She also argues that although it is the duty of high courts to dissolve marriages contracted under the Marriage Causes Act, couples in abusive marriages can separate from each other to avert tragedies.

Okoro warns that it is dangerous for a couple to still live together waiting for divorce when they can no longer stay without fighting.

Mr Ogedi Ogu, Country Director of Advocacy for Justice and Accountability is convinced that although high courts reserve jurisdiction to dissolve registered marriages, an embattled couple is at liberty to seek “first aid” in the form of judicial separation.

According to him, no law compels a spouse to die in an abusive marriage.

“For every marriage that has turned toxic, it is safe for the parties to stay slightly apart for their individual safety.

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“In as much as it is the law that only a court of law can grant dissolution of marriage contracted under the Marriage Act, it is not the law that they must continue to co-habit until such marriage is dissolved.

“It is rather a ground for dissolution where it is shown that a party has deserted the marriage and the husband and wife have lived apart for a period of at least one year or two years.

“However, notwithstanding the toxicity of such a union, the dissolution of marriage is only granted by a high court where the marriage is contracted under the Act,” he argues.

The country director also notes that customary marriages are dissolved by the customary court.

Mrs Ebere Obiora, Ogun Coordinator of African Women Lawyers Association, notes that the Matrimonial Causes Act is the law under which statutory marriages are contracted.

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According to her, the same statute vests jurisdiction on high courts only, to entertain cases arising from marriages contracted under the Act.

“However, an abused partner may not wait in a toxic marriage until his/her petition for dissolution of marriage is granted.

“The grant of marriage dissolution terminates the marriage, but delays associated with divorce proceedings may be a deadly trap for the abused partner.

“This calls to mind that the Marriage Causes Act also made provisions for a petition for judicial separation, which is a softer order of court concerning a failing marriage,” she says.

According to Obiora, judicial separation prohibits physical contact of the parties, but does not terminate the marriage.

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She explains that this means that the partners remain in the marriage and, therefore, cannot re-marry.

“Unlike a divorce petition, an application for judicial separation may be brought at any time during the marriage where violence is proved.

“The grant of judicial separation, therefore, relieves parties from co-habitation and, more importantly, gives room for resolution of issues between partners, which may lead to reconciliation,” she adds.

She advises that judicial separation should not prevent filing of a petition for dissolution of the marriage, where there is no positive improvement in the relationship.

“The affected parties are free to apply to the court for dissolution of the marriage,” she says.

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A Principal Partner at Ayoola Chambers, Lagos, Mr Julius Ayoola, emphasises that dissolution of a marriage depends on the type of marriage contracted by the couple.

He argues that dissolving a marriage that has broken down irretrievably is not the exclusive preserve of a high court.

According to him, a marriage contracted solely under customary principles will be dissolved in a customary court.

“In some customary marriages, the parties may decide to return the bride price.

“In Igbo culture, a customary marriage is deemed dissolved once the bride price has been returned,” he says.

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Ayoola, however, says the high court may be interested in the custody and welfare of children produced by customary marriages.

“The high court has jurisdiction over the welfare of the children,” he says.

A Professor of Law and Senior Advocate of Nigeria (SAN), Samson Erugo, believes that it is not necessary for a high court to dissolve a marriage before the couple can live apart.

“That rule does not accord with reality, and most times, it works out hardship in practice.

“In some jurisdictions, parties could, by marriage dissolution agreement or mediation, agree to separate.

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“Such an agreement could also be filed in court and adopted by the parties without the stress of a trial.

“I think this liberal approach should be adopted in Nigeria, in every established case of marriage that has broken down irretrievably,” Erugo argues.

He is convinced that requirement of a high court order to dissolve a marriage is rooted essentially in the Christian culture of sanctity of marriage.

“It is part of our colonial heritage and has been easily embraced by some local cultures that try to protect the marriage institution.

“While these arguments may still be strong, modern reality should provide exceptions,” he says.

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Analysts urge intensified efforts in ensuring safety of lives of couples in abusive marriages, while protecting the marriage institution and ensuring the welfare of the children. (NANFeatures)

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Soldiers, Policemen restore peace to seven warring Communities after death of 23 persons

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Soldiers, Policemen restore peace to seven warring Communities

Calm has returned to seven warring communities after no fewer than 23 persons were feared dead with several others injured in an attacks in Ovia South West Local Government of Edo.

The affected communities included Marindoti, Gbelemontin Domiju, Kola Village, Taiye Camp, Eto Camp, Dipe Community, Bala Dele Community, and Thousand Community.

The News Agency of Nigeria (NAN) gathered that the settlements were predominantly inhabited by farmers from various ethnic backgrounds, including Yoruba, Hausa, Igbo, and Benin.

Eyewitnesses reported that the assailants, believed to be militants from nearby creeks, stormed the settlements early on Feb. 21, shooting indiscriminately, setting houses ablaze, and other properties.

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The onslaught forced residents to flee en masse, abandoning their homes and livelihoods.

One of the witnesses described the attacks as a reprisal for the killing of a suspected cocoa thief by local vigilantes employed by the farmers.

This incident escalated existing tensions between the farmers and the alleged militants, who had previously been accused of encroaching on farmlands and stealing produce.

CSP Moses Yamu, Spokesman of the police command, said on Sunday, that operatives of the Iguobazuwa Police Division, in collaboration with the Nigerian Army and the local Vigilantes had intervened.

Yamu said the police had evacuated the casualties to the hospital.

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“The joint operation has restored peace to the communities.

“However, investigation into the cause of the clash has equally commenced.

“The Commissioner of Police, CP Betty Otimenyin, has vowed that no stone would be left unturned in order to unravel the circumstances surrounding the unfortunate and avoidable incident,” he said.

A NAN correspondent, who visited the scene, however, observed a mass exodus of displaced persons carrying their belongings, seeking refuge in safer areas.

Many homes were reduced to ashes, and the once-thriving farming communities now resembled ghost towns.

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Speaking with NAN, Igbala Obazuaye, the head of Marindoti community, said they had been farming in the area for years, but trouble started for them when some youth began to demand for royalties from them.

“It started in 1998 when some youths began encroaching on our land, stealing our crops, and kidnapping our people, notwithstanding the payment of the royalties,” he said.

Obazuaye, who sustained bullet wounds, said the asailiants evaded the community around 8 a.m killing seven persons in his community alone.

According to him, the assailants burnt cocoa, kola nut and cash crops worth more than N20 million.

He appealed for the establishment of a police station, and assistance in rebuilding their communities.

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Also, Nafisat Abdulazeez, a resident of Dipe community, described the experience as traumatic, calling for an immediate intervention of Gov. Monday Okpebholo.

She told NAN that no fewer than 15 persons were killed in her Dipe community, while several others had gone missing.

“They came into our community, shooting and burning houses. They killed 15 people, and many more were injured.

“They even burnt my own house, and my family was forced to flee,” she said.

A resident, Mr Joseph Otu refuted the claim that the attack was communal, saying it was unprovoked attacks by militants aiming to extort and terrorise peaceful farmers.

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Otu also urged authorities to deploy security forces to safeguard the area, highlighting the communities’ significant contributions to the state’s economy through the cultivation of crops like cocoa, kola nuts, and plantain.

On his part, Usman Mukaila of Dipe community, lauded the immediate deployment of men of the 4 Brigade of the Nigeran Army, Brig-Gen. Ebenezer Oduyebo, calling for an establishment of Army base in the area.

“We commend the Commander of the 4 Brigade of the Nigerian Army, Benin, for the immediate intervention and deployment of soldiers.

“That has helped to calm the situation for now. If not for him, the rest people would have gone. We also thank the governor.

“We, however, urge him to bring a permanent Army base to this area. We really need his help. You can see all our women and children leaving,” he said. (NAN)

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Babangida must be prosecuted over his role in annulment of June 12 1993 election – Group

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Babangida must be prosecuted over his role in annulment of June 12 1993 election – Group

A well-known Nigerian human rights organisation has described the role of former military leader General Ibrahim Badamasi Babangida, in the annulment of the June 12, 1993, presidential election as a “coup d’état” against Nigeria’s democracy, thereby calling for his prosecution.

After Babangida openly admitted his role in the annulment, the Committee for the Defence of Human Rights (CDHR) made the demand.

The former monarch was accused by the group of trying to mislead Nigerians into thinking he acted in good faith, and they condemned his admission.

In a statement signed by CDHR President Debo Adeniran, the group called the annulment “reckless, illegal, and unconstitutional,” arguing that it remains one of the worst injustices inflicted upon Nigeria, severely undermining democracy and plunging the nation into political instability.

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The 1993 election, widely regarded as Nigeria’s most free and fair, was set to declare business magnate Moshood Kashimawo Olawale (MKO) Abiola as president. However, Babangida abruptly annulled the results on June 23, sparking widespread protests and unrest across the country. This move paved the way for a prolonged period of military rule and social upheaval.

CDHR claims that Babangida’s public acknowledgment is a direct admission of his involvement in an act that led to years of political chaos, economic hardship, and civil unrest.

The group insists that his actions meet the criteria for crimes against humanity and should be prosecuted accordingly.

The rights organization has called on President Bola Tinubu to take immediate action against Babangida, asserting that his confession provides enough grounds for legal action.

“We urge President Tinubu to prosecute General Babangida for crimes against humanity and for orchestrating a coup d’état that undermined the democratic will of Nigerians,” the statement declared.

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CDHR also called for posthumous recognition of MKO Abiola as a former Nigerian president and urged penalties for those who benefited from the annulment.

The organisation appealed to international human rights bodies to ensure that justice is served.

Babangida, who served as Nigeria’s military president from 1985 to 1993, has yet to publicly respond to the calls for his prosecution.

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Vigilante personnel arrested for allegedly killing, burning Resident ’s body

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Vigilante personnel arrested for allegedly killing, burning Resident’s body

A local vigilante member in Benin City has been arrested by the Edo State Police after allegedly murdering an artisan and burning his body in a chilling act of violence.

The arrest was confirmed by Moses Yamu, the Public Relations Officer for the Edo State Police Command, who spoke about the incident on Sunday.

According to Yamu, the suspect was detained after a distress call was made to the Textile Mill Road Division at approximately 8:00 a.m. on February 20, 2025.

The caller reported discovering the body of a middle-aged man covered in sawdust and burning near a sawmill.

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Upon arriving at the scene, police officers found the body still ablaze beneath the pile of sawdust.

The body was immediately taken to a nearby hospital for examination, where authorities discovered a gunshot wound to the back of the victim’s neck, raising serious concerns about the cause of death.

“The investigation is underway, and we have one suspect in custody who was the security guard at the sawmill during the incident,” Yamu said.

“The case has been transferred to the State Criminal Investigation Department for further inquiry. Once the investigation concludes, the suspect will be charged with murder.”

The victim, later identified as Lasan Osaze Erhabor, reportedly had an ongoing dispute with the vigilante member.

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On the night of the tragic event, Erhabor and a friend were returning home when they were confronted by the suspect near the sawmill.

Armed with a double-barrel shotgun, the vigilante allegedly questioned Erhabor about his late return and accused him of attempting to steal from the sawmill.

Witnesses say the suspect then shot Erhabor, killing him instantly.

The vigilante is said to have dragged the body into the sawmill, covered it with sawdust, and set it on fire in a bid to destroy any evidence of the crime.

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