THE heated exchange between popular Nigerian artiste, David Adeleke known as Davido and the mother of one of his children, Sophia Momodu caused a wave of discussion on social media around child custody.

Both sides have been arguing in court on their ongoing custody battle for their only daughter, Imade.

A few days before his wedding which set the internet a buzz, Davido filed for joint custody of his nine-year-old daughter, Imade and requested unlimited accessibility to her from the court.

In response to the lawsuit, Momodu counter-filed a 102-paragraph affidavit to the complaint through her legal team, Punuka Attorneys and Bimpe’s Anthony Idigbe, explaining why the singer should not be granted joint custody.

She raised worries about Davido’s way of life and previous occurrences that, in her opinion, rendered him “unfit for custody,” including his frequent travels, the influence of “unsavoury individuals” around him and his recent marriage to Chioma Rowland.

The affidavit also detailed times in which Davido reportedly “failed to fulfil his financial responsibilities” and offered proof of her position as their daughter’s primary carer.

The feud on social media between the duo sparked a discussion about child custody and its application under Nigerian law across all social media platforms.

In this report, The ICIR spoke with some Nigerian lawyers explained the custody of a child in Nigeria as regards to the law.

A lawyer, Queenette David explained that the concept of child custody is a peculiar aspect of the Nigerian Judicial system in the sense that the court at all times takes into cognisance the interest of the child/children involved.

She noted that Section 71(1) of the Matrimonial Causes Act (MCA)- one of the legislations that regulate custody of a child in Nigeria, states that “in proceedings with respect to the custody, guardianship, welfare, advancement or education of children of a marriage, the court shall regard the interests of those children as the paramount consideration and subject thereto, the court may make such order in respect of those matters as it thinks proper.

“It goes further to state that the court may adjourn all proceedings until a report has been obtained from a welfare officer on such matters relevant to the proceedings as the court considers desirable, and any such report may thereafter be received in evidence.”

She further noted that, “on the factors the court will consider before making a decision on who to award custody of a child, Section 69 of the Child Rights Act of 2003 provides that the court may:

a) On the application of the father or mother of a child make such order as it may deem fit with respect to the custody of the child & the right of access to the child of either parent, having regard to: The welfare of the child and conduct of the parent and the wishes of the mother and father of the child.

b) Alter, vary or discharge an order made under the paragraph (a) above of the Section 69 (1) of the Child Rights Act on the application of: The father or mother of the child or the guardian of the child, after the death of the father or mother of the child.

c) In every case, make such order with respect to costs as it may think just.

The power of the court under Section 69 (1) of this section to make an order as to custody of a child and the right of access to the child may be exercised notwithstanding that the mother of the child is at that time not residing with the father of the child.

On the issue of the joint custody as requested by Davido in the paragraphs above, a Lagos based dispute resolution lawyer, Alabi Ayokunmi told The ICIR that joint custody does not necessarily mean that contributions/decisions from both parents are on an equal basis, it only means that regardless/whether or not there are any existing irreconcilable difference between both parents, each still acknowledge the joint role of the other party having an equal say on the child’s life, welfare and upbringing, making joint decisions as though both parents are still together.

“The peculiarity of Joint Custody is not in the physical custody or financial care, but rather that both parties have an equal say. That is why the court before granting an order for Joint custody ensures both parties are in co-operation,” he added.

Types of custody explained

The lawyers also explained the different types of custody arrangements that could be awarded by the court.

a. Divided custody: This happens when a child is ordered by the court to live with each parent for a separate portion of the year with reciprocal visitation rights. In such a case, one of the parents is anticipated to have custody of the child and to have total authority over them.

b. Joint custody: This typically occurs when the court orders both parents to share authority and responsibility for the child. This has the effect of involving both parents in the actual sharing of custodial rights over the child as well as decision-making related to the child’s upbringing, including matters of education and health.

c. Split custody: Very close to Joint custody is Split custody, whereby one party may have physical custody, while the other attends to the care and other needs mainly by financial contributions.

c. Temporary custody: This happens when one parent is given temporary custody of a child while the other parent awaits the conclusion of separation or divorce proceedings. When a dispute develops during a marital case over the care, welfare, advancement, support, or education of the married children after the primary relief proceedings have been initiated, this power may be used.

d. Third party custody: This typically occurs when the court deems it appropriate to do so. In accordance with section 71(3) of the Matrimonial Causes Act, it may, either permanently or temporarily, place the child in the custody of a third party—someone who is not a party to the marriage—if it deems it to be in the child’s best interests. This order will be made in the event that it is clear that neither party to the marriage is genuinely interested in the child’s welfare and upbringing, that neither party has requested custody, or that the court determines that neither party is a fit and proper parent.