The Court of Appeal in Port Harcourt, Rivers State, has upheld a N5 million fine imposed on popular Nigerian On-Air Personality, Ifedayo Olarinde, known as Daddy Freeze, for committing adultery.
The original judgment was delivered by a High Court in Port Harcourt on February 18, 2021. Daddy Freeze was ordered to pay N5 million to Paul Odekina for committing adultery with Odekina’s then-wife, Benedicta Elechi. The court also dissolved the marriage between Paul and Benedicta due to her adulterous relationship with Daddy Freeze.
Dissatisfied with the High Court’s decision, Daddy Freeze appealed to the Court of Appeal, arguing primarily that he was not properly served the court documents as required by law. He claimed that Odekina did not attempt to serve him personally before opting for substituted service, which was executed by courier, thus violating the principles of natural justice.
However, the three-man panel of the Court of Appeal, comprising Justices Abubakar Talba, Danlami Senchi, and Hannatu Balogun, dismissed his appeal for lack of merit. In their judgment, dated June 26, 2024, the judges ruled that Daddy Freeze failed to file a counter-affidavit to dispute the affidavit of service, which is the appropriate legal procedure.
The judgment stated, “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.”
Lawyers Ola Faro and Ikobah Hilton represented Daddy Freeze, while N.A. Naenwi and Wilcox Abereton (SAN) represented the respondents.
The Court of Appeal concluded, “I resolved the sole issue for determination against the Appellant and in favor of the Respondents. 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 of February 2021 by J. Akpughunum, is hereby affirmed. I make no order as to costs.”
