…grants woman ₦3million in damages
The Upper Customary Court of Kaduna State has decreed that a woman who has been cast out by her husband must be compensated when sent out of their matrimonial home following the case, Theresa Yohanna v. Yohanna Bako, centered around a woman’s quest for justice after enduring years of neglect and abandonment by her husband.
As part of the ruling, the court awarded Theresa Yohanna N3 million in damages, acknowledging the hardships she faced raising their four children alone. “No matter the degree of animosities or irreconcilable differences which may exist between spouses, care should be taken to treat each other as persons with dignity,” the court stated. Additionally, a cost of N100,000 was awarded to cover the legal expenses incurred during the trial.
The ruling, handed down by His Worship Emmanuel J. Samaila, Esq., marks a critical moment in Nigeria’s evolving approach to family law, especially within the framework of customary marriage.
The 17-year marriage, which bore four children, came to a bitter end when Yohanna Bako, the respondent, chose to send his wife, Theresa Yohanna, out of their shared home, after remarrying and relocating to Port Harcourt. What followed was a legal battle that not only challenged the norms of customary marriage but also brought attention to women’s rights within the African context.
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. The Judge underscored that women in such unions deserve respect, dignity, and, when abandoned, a fair compensation.
“A woman is not a baby-making machine or an inanimate home-keeping device to be used and dumped at will,” Judge Samaila remarked.
The Court’s Findings: A Marriage Valid Without Bride Price
In a bold 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,” the judge explained.
This ruling challenges traditional norms that demand the bride price as a precondition for validating a marriage. It also highlights the ethical question of how men and women should honor each other in marriage. The court found that the respondent’s decision to live with Theresa without paying 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 becomes a precedent that could significantly influence customary marriages across the country, particularly in the northern regions where such unions are common. The judge’s comments that “the dignity of women married under customary law is not an iota less than that of their sisters in statutory marriage” have sent a clear message to society about gender equality and the rights of women in these settings.
Award of Damages: A Call for Fair Compensation
The court also recognized the emotional and financial toll on Theresa Yohanna, who, after being abandoned, was left to care for their four children singlehandedly. Despite being cast out of her matrimonial home, the court stated that she was entitled to compensation, both 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 emphatically rejected the notion, stating, “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 compared a woman’s contribution to that of sex workers, who are compensated for their services, despite not bearing children or performing domestic duties. “How much more deserving is a wife to be treated with dignity?” Samaila said, noting the inconsistency in how women are treated when they fulfill roles that go far beyond what is traditionally expected of them in marriage.
An Echo of Constitutional Rights
The ruling emphasizes that women, regardless of the type of marriage, are entitled to the constitutional right to dignity and fair treatment. Citing Section 34 of the 1999 Nigerian Constitution, which guarantees the dignity of every person, Judge Samaila stressed that no man has the right to treat his wife as a mere object for procreation or domestic labor.
This judgment could spark a wider conversation about the role of women in Nigerian society, particularly in rural and traditional settings. It may also challenge communities to rethink outdated customs that often leave women vulnerable and unsupported in the aftermath of marital breakdowns.
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 that it could lead to the creation of more comprehensive protections for women, especially those in rural areas who are often subject to traditional norms that may not always be in their best interest.
The ruling has also sparked debates about the wider societal implications of treating marriage as a business contract, where both parties are entitled to tangible benefits and not merely the whims of one partner. The legal and cultural ramifications of this decision are likely 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 digest the implications of this landmark ruling, one thing is clear: the status of women in marriage is evolving. This judgment not only offers 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 they have been 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.
