Makinwa had in March 2016 approached the court to dissolve her then-two-year-old marriage on the grounds that her husband committed adultery and even has a child with another lady, Anita Solomon.
While delivering her judgment, Justice Morenike Obadina held that Ayida filed an answer to the petition but did not give oral evidence in support of it.
She said the position of the law was settled as pleadings did not amount to evidence.
“Pleadings on which no evidence was led are deemed abandoned. Therefore, Ayida’s evidence is deemed abandoned. The effect being that the petitioner’s evidence is unchallenged and uncontroverted,” she ruled.
The judge said the issue of cruelty which Makinwa relied on was established because of the “mental and emotional stress” she was subjected to by her husband.
She said Makinwa had sufficiently proven that the husband committed adultery and continued to flaunt his adulterous relationships even to her face.
She ruled, “I hold that the marriage has broken down on the grounds of intolerable behaviour. I hereby pronounce a ‘Decree Nisi,’ dissolving the marriage between Makinwa and Ayida which was administered at the Federal Marriage Registry, Ikoyi, Lagos, on January 15, 2014.
“The order ‘Nisi’ shall become absolute three months from today unless within that period, sufficient cause is shown why it should not be made absolute.”