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An Ikole Ekiti Customary Court in Ekiti on Thursday declared one Lucky Abel father of baby boy delivered of one Iyabo Ase.
Mrs Yemisi Ojo, the president of the court, gave the judgment in a suit filed in February by Abel, a commercial bus driver, praying the court to declare him the father of the baby.
Ojo ruled that the evidence before the court showed that the plaintiff was the father of the baby.
The plaintiff had earlier told the court that he met Ase sometime in March 2013 and had sexual intercourse with her the same month.
He said the intercourse resulted in the pregnancy which the defendant confirmed to him on April 25, 2013.
“This made us to start living together in May 2013 till the time the defendant was due to put to bed.
“I was responsible for her ante-natal registration in hospital and subsequent purchase of some baby stuff in preparation for the baby’s arrival.
“But when she was due to give birth to the baby I was deceived regarding where she was going to put to bed. Eventually, I discovered the hospital and visited her with my family members.
“When I went back to the hospital to pay the hospital bills, I was told that an old man had already paid the bills and had taken the woman and the baby away,’’ he said.
He further said that the defendant since then continued to deny that he was the father of the child.
In her defence, Ase told the court that her husband, one Elijah Oguntoyinbo, was responsible for the pregnancy that produced the baby in contention.
She explained that a misunderstanding between her and Oguntoyinbo led to their
separation, during which period she met the plaintiff.
She admitted having sexual intercourse with the plaintiff three times in March
2013, saying they used condoms on the three occasions.
Ase said she later had her menstrual period, adding that it was after the husband had sexual intercourse with her in April 2013 that she got pregnant.
She denied ever living with the plaintiff but admitted that the plaintiff and his family members visited her in the hospital.
NAN reports that on conclusion of evidence by both parties, the court ordered that they carry out a DNA test to ascertain the true father of the baby but they could not do the test due to financial constraints
Delivering judgment on Thursday, Ojo said: “From the totality of evidence before the court, it has reason to believe the testimony of the plaintiff that during the pregnancy period the defendant lived together with him contrary to what the defendant wants the court to believe.
“It is imperative at this juncture to note that no condom can prevent pregnancy 100 per cent because of some factors which can make a condom to either break or slip off.
“The court also has reasons to believe that it was in the month of March that conception took place because the child was born on Dec. 21, 2013
“Medically, it has been proved and generally known that human gestation period is approximately 40 weeks (280 days).
She noted that a DNA result would have given an accurate result.
`Based on the court’s observation of the defendant’s smart attempt at trying to confuse the court by her obvious lies, the court has reason to believe that the plaintiff is the father of the child,’’ she added.
Ojo declared the plaintiff father of the baby until the contrary is proved by a DNA test.
She ordered that the plaintiff should be paying N3, 000 monthly for the upkeep of the baby and that the defendant should allow the plaintiff access to the child at least once a month.