The Court of Appeal in Port Harcourt has upheld a N5 million fine imposed on media personality Ifedayo Olarinde, popularly known as Daddy Freeze, for committing adultery with Benedicta Elechi, now his wife.
The initial judgment was delivered by a High Court in Port Harcourt on February 18, 2021, ordering Daddy Freeze to compensate Paul Odekina, who was married to Elechi at the time of the affair. The court found Daddy Freeze liable for depriving Odekina of his wife's companionship and the injury suffered due to the adultery.
Daddy Freeze appealed the High Court's decision, arguing that Odekina failed to serve him personally before applying for substituted service, which he claimed violated Order 7 Rule 2 of the Rules of the Trial Court. He also contended that the service by substituted means, such as by courier, was ineffective as indicated in the affidavit of service, and that this lack of proper service violated the principles of natural justice.
However, a three-man panel comprising Justices Abubakar Talba, Danlami Senchi, and Hannatu Balogun dismissed Daddy Freeze’s appeal for lack of merit. The court ruled that if the appellant wanted to overturn the trial court’s judgment due to non-service, he should have filed a counter-affidavit against the affidavit of service and then sought to set aside the trial court’s judgment.
Following the appellate court's decision, Daddy Freeze’s wife, Benedicta Elechi, has stated that they plan to take the matter to the Supreme Court.
Watch her speak below..
"I filed for divorce from my ex-husband based on our different s*xual orientations, toxic marriage, and battery" — Benedicta (Daddy Freeze's wife)
— Instablog9ja (@instablog9ja) July 14, 2024
pic.twitter.com/ao7IDsZJaz
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