The Court of Appeal in Port Harcourt, Nigeria has upheld a fine imposed on popular Nigerian On-Air Personality, Ifedayo Olarinde, also known as Daddy Freeze, for committing adultery.
The High Court in Port Harcourt had initially ordered Daddy Freeze to pay the sum of N5 million on February 18, 2021, for committing adultery with Benedicta Elechi. The money was to be paid to Paul Odekina, who was married to Elechi at the time of the adulterous act.
The ruling from the High Court stated, “The sum of N5,000,000 is awarded against Ifedayo Olarinde (the 2nd Cross Respondent to the Cross Petition) as damages for depriving the Cross Petitioner of the amiable consort of his wife (Petitioner/1st Cross Respondent) and for injury suffered as a result of his adultery with the Petitioner/Cross Respondent.” Additionally, the court dissolved the marriage between Paul and Benedicta due to her adulterous act with Daddy Freeze.
Not satisfied with the judgment, Daddy Freeze appealed the decision, arguing that Odekina did not attempt to serve him personally before applying for substituted service, which he claimed violated Order 7 Rule 2 of the Rules of the Trial Court. He also contended that the service by substituted means was ineffective, violating the principle of natural justice.
However, the three-man panel of Justices Abubakar Talba, Danlami Senchi, and Hannatu Balogun dismissed Daddy Freeze’s appeal for lack of merit. The court ruled, “Affidavit evidence can only be countered by a Counter Affidavit. As such, I found the procedure adopted by the Appellant alien to our jurisprudence. Where the Appellant wants the judgment of the trial court to be set aside for non-service, he ought to have approached the trial court by filing a Counter affidavit against the affidavit of service he seeks to set aside and consequently set aside the judgment of the trial court.”
“The appeal therefore lacks merit and it is hereby dismissed. Accordingly, the judgment of the Rivers State High Court in Suit No. PHC/403MC/2012 delivered on the 18th February 2021 by J. Akpughunum, is hereby affirmed. I make no order as to costs,” the Court concluded.
