…grants ₦3 million in damages
The Upper Customary Court of Kaduna State has ruled in favor of Theresa Yohanna, awarding her ₦3 million in damages after her husband evicted her from their matrimonial home. The case, Theresa Yohanna v. Yohanna Bako, centered on a woman’s quest for justice after enduring years of neglect and abandonment by her husband.
As part of the ruling, the court recognized the hardships Theresa Yohanna faced while raising their four children alone. “No matter the degree of animosity or irreconcilable differences that may exist between spouses, care should be taken to treat each other with dignity,” the court stated. The court also awarded ₦100,000 to cover the legal expenses incurred during the trial.
The ruling, delivered by His Worship Emmanuel J. Samaila, Esq., represents a significant step in Nigeria’s evolving approach to family law, particularly within the context of customary marriage.
The 17-year marriage, which resulted in four children, ended bitterly when Yohanna Bako, the respondent, sent his wife, Theresa, out of their home after remarrying and relocating to Port Harcourt. What followed was a legal battle that not only questioned the norms of customary marriage but also highlighted women’s rights within African societies.
At the heart of the court’s decision was the principle that a woman cannot simply be discarded after years of emotional, physical, and domestic labor. Judge Samaila emphasized that women in such unions deserve respect, dignity, and, when abandoned, fair compensation. “A woman is not a baby-making machine or an inanimate home-keeping device to be used and discarded at will,” the judge remarked.
The Court’s Findings: A Valid Marriage Without Bride Price
In a groundbreaking interpretation of Kamantan custom, the court ruled that the marriage between Theresa Yohanna and Yohanna Bako was valid despite the respondent’s failure to pay the customary bride price.
“Under Kamantan custom, the consent of a lady’s father is sufficient to create a valid marriage, and the payment of the bride price, while important, can be postponed if the father agrees to the union,” Judge Samaila explained.
This ruling challenges traditional norms that insist on the payment of a bride price as a precondition for validating a marriage. It also raises ethical questions about how men and women should honor each other in marriage. The court found that the respondent’s failure to pay the bride price reflected poorly on his character, suggesting a lack of respect for the traditions that would have otherwise solidified the union.
The case is poised to set a precedent that could influence customary marriages across Nigeria, particularly in the northern regions where such unions are common. The judge’s statement that “the dignity of women married under customary law is not an iota less than that of their sisters in statutory marriage” sends a strong message to society about gender equality and the rights of women in these unions.
Award of Damages: A Call for Fair Compensation
The court also acknowledged the emotional and financial toll on Theresa Yohanna, who, after being abandoned, was left to care for their four children on her own. Despite being cast out of her matrimonial home, the court ruled that she was entitled to compensation for the years of domestic labor and the psychological distress caused by her husband’s abandonment.
Addressing the issue of whether a woman must contribute financially to the home in order to have a stake in it, Judge Samaila firmly rejected the notion. “A woman who was impregnated by a man and taken home to live with him and bear more children for him cannot be said to have made no contribution to the building of their matrimonial home,” the judge stated.
The judge also drew a comparison between a wife and a sex worker, who is compensated for her services despite not bearing children or performing domestic duties. “How much more deserving is a wife to be treated with dignity?” Judge Samaila remarked, pointing out the inconsistency in how women are treated despite fulfilling roles that go far beyond traditional expectations.
An Echo of Constitutional Rights
The ruling underscores that women, regardless of the type of marriage, are entitled to their constitutional rights to dignity and fair treatment. Citing Section 34 of the 1999 Nigerian Constitution, which guarantees the dignity of every person, Judge Samaila emphasized that no man has the right to treat his wife as a mere object for procreation or domestic labor.
This judgment may spark a broader conversation about the role of women in Nigerian society, especially in rural and traditional settings. It also challenges communities to reconsider outdated customs that often leave women vulnerable and unsupported after the breakdown of a marriage.
Legal Reactions and Implications for Customary Law
Legal experts and women’s rights advocates have praised the ruling, calling it a progressive step forward for gender equality in Nigerian law. “This case sets a powerful precedent for how women should be treated in both customary and statutory marriages,” said Amina Ibrahim, a prominent women’s rights lawyer based in Abuja. “It affirms that women’s contributions, emotional, physical, and economic, must be recognized and compensated.”
Some have suggested that this case could prompt other regional courts to reassess the role of bride price and the legitimacy of customary marriages where women are left without compensation. Others hope it will lead to the creation of more comprehensive protections for women, particularly those in rural areas who are often subjected to traditional norms that may not always serve their best interests.
The ruling has also sparked debates about the societal implications of treating marriage as a business contract, where both parties are entitled to tangible benefits and not merely at the whim of one partner. The legal and cultural ramifications of this decision are expected to unfold over the coming months, with many hoping it will set a new standard for how women are treated in matrimonial disputes.
Conclusion: A Step Toward Equality and Justice
As the legal community and women’s rights activists reflect on the implications of this landmark ruling, one thing is clear: the status of women in marriage is evolving. This judgment not only brings justice to Theresa Yohanna but also sends a clear message to men across Nigeria that women, regardless of custom, are entitled to respect, fairness, and compensation when wronged.
With the court’s decision, which includes a 30-day deadline for the payment of the awarded sum, the fight for gender equality within the framework of marriage has gained a powerful ally. As society continues to grapple with the balance between tradition and progress, the Theresa Yohanna v. Yohanna Bako case stands as a significant milestone in the ongoing quest for justice and dignity for women across Nigeria.