By Sylvester Udemezue (udems)
I have read this story: Group Asks CBN To Sack FCMB MD/CEO, Adam Nuru Over Alleged ‘Unethical Conduct’ (published on https://thenigerialawyer.com/group-asks-cbn-to-sack-fcmb-md-ceo-adam-nuru-over-alleged-unethical-conduct/)
I don’t know how true the story is, but, as reported, it is such a sad, heartrending story. Heinous is the word, if true. May the gentle soul of Tunde Gentle rest in peace. Amen.
However, there is a misconception here, by both ADAM Nuru and Moyo Thomas when they believe the two kids belong to ADAM Nuru .
The truth is that the two kids born by Moyo Thomas (lawful wife of Mr Tunde Thomas) allegedly for ADAM Nuru (MD, FCMB) actually, LEGALLY belong and are legitimate children of Mr Tunde Thomas (Tunde Gentle).
Section 148 of the Evidence Act 2011 and section 115 of the Matrimonial Causes Act each provides that a child born during the continuance of a statutory marriage or within 280 days from its dissolution is presumed legitimate, unless a spouse, with the intention of disowning the affected child by rebutting this presumption, provides evidence (relying on section 84 Matrimonial Causes Act) to show that there has been no sexual intercourse between him and the wife.
In Egwunwoke v. Egwunwoke (1986), the court said that where a valid marriage exists, any child born during the marriage is a legitimate child of the married couple. Even after a marriage is dissolved, a child born within 280 days from date of dissolution is still a child of the marriage.
This principle applies also to marriages conducted under native law and custom; any child born during the subsistence of a customary marriage is presumed to be a child of the marriage.
It is immaterial that the child biologically belongs to another man, unless the husband of the mother of the child disowns the child by obvious, positive acts. In conclusion, where these two conditions are met, any child born during the marriage is a legitimate child of the parties to the marriage:
1.Where the child is born during the marriage or within 280 days of dissolution thereof; and 2️⃣where husband of the mother/wife acknowledges the child as his.
Based on the aforesaid, and if the story told of the adventures of ADAM Nuru and Moyo Thomas is true, then Mr Adam Nuru is only a gold digger, and living in a dream, a fool’s paradise.
Even if the two children are proven to biologically be his, there is no doubt that legally, the children belong to the now-deceased Mr Tunde Thomas (Tunde Gentle).
Accordingly, although Tunde Gentle may be dead, the two kids remain his while he remains forever their father, unless there’s any evidence they Tunde Gentle had, before his unfortunate death, disowned the kids or any of them.
I therefore advise Tunde Thomas’ Family to apply to court to procure orders that the kids be returned to Nigeria with immediate effect to be handed over to the family of Tude Gentle to which they legitimately belong.
In that way, Mr Adam Nuru learns his lessons, that he has all along been taking care of another man’s kids. This is without prejudice to whatever other legal steps being taken or planned to draw down the law’s wrath on anyone found culpable to serve as a deterrent to others.
May the truth prevail alongside Justice. Once again, may the gentle soul of Tunde Gentle rest in peace. Amen. Respectfully.
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