The Court of Appeal in Port Harcourt has upheld a N5 million fine against Nigerian On-Air Personality Ifedayo Olarinde, known as Daddy Freeze, for committing adultery.
This decision follows a 2021 ruling by the High Court in Port Harcourt, which ordered Daddy Freeze to pay the fine for having an affair with Benedicta Elechi while she was still married to Paul Odekina.
The court’s decision also led to the dissolution of the marriage between Paul and Benedicta due to her affair with Daddy Freeze.
The court stated, “The sum of N5,000,000 is awarded against Ifedayo Olarinde as damages for depriving the Cross Petitioner of the amiable consort of his wife and for injury suffered as a result of his adultery.”
Unhappy with the High Court’s judgment, Daddy Freeze appealed to the appellate court. He argued that Paul Odekina did not attempt to serve him personally before applying for substituted service, which he claimed violated the court’s rules. He also contended that the service by courier was ineffective, violating principles of natural justice.
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However, the three-judge panel, consisting of Justices Abubakar Talba, Danlami Senchi, and Hannatu Balogun, dismissed Daddy Freeze’s appeal for lack of merit. The court emphasized that if Daddy Freeze wanted to overturn the trial court’s judgment due to non-service, he should have filed a counter-affidavit against the affidavit of service.
The judgment read, “Affidavit evidence can only be countered by a Counter Affidavit. As such, I found the procedure adopted by the Appellant alien to our jurisprudence. Where the Appellant wants the judgment of the trial court to be set aside for non-service, he ought to have approached the trial court by filing a Counter affidavit against the affidavit of service he seeks to set aside and consequently set aside the judgment of the trial court.”
The appellate court affirmed the High Court’s decision, stating, “Accordingly, the judgment of the Rivers State High Court in Suit No. PHC/403MC/2012 delivered on the 18th February 2021 by J. Akpughunum, is hereby affirmed. I make no order as to costs.”
Representing Daddy Freeze in the appeal were Ola Faro and Ikobah Hilton, while N.A. Naenwi and Wilcox Abereton (SAN) represented the first and second respondents, respectively.