Adamawa woman decries failure of court to enforce judgement in child custody suit
A woman from Adamawa State, Mrs. Zhihwi Mercy Tizhe, has raised alarm over what she described as “systemic injustice and deliberate delay” in the enforcement of a two-year-old court judgment granting her custody of her children.
Tizhe, a mother of four and staff of the Partnership for Learning for All in Nigeria (PLANE) project, said her former husband, Professor Caleb Fili of the Modibbo Adama University, Yola, has continued to defy the court ruling with the alleged complicity of court officials.
Speaking to journalists in Yola, the visibly angry mother recounted her decade-long legal battle for justice, which she said had left her emotionally drained.
“I have suffered for 12 years over this matter. The Upper Area Court Yola, under His Worship Buba Abubakar, delivered judgment in my favor on 15th January 2024, granting me custody of my third and fourth daughters, while the first and second were allowed to choose where to stay,” she said.
According to her, despite the clear pronouncement of the court, enforcement has remained elusive. “Since the judgment, I have visited the court several times, but nothing has been done. My lawyer told me the judge refused to sign the enforcement order, but when I confronted the judge, he said he had already signed. Till today, that judgment has not been implemented,” she lamented.
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Tizhe narrated that her former husband allegedly used his influence and connections to frustrate the process, claiming he boasted of having ties with senior members of the state judiciary.
She also alleged that her ex-husband left the country and kept their daughters under the care of his sister, denying the children parental affection.
“For over 12 years, I’ve not been allowed access to my daughters. I would go to their school and be turned away. The man locked his house against me and told people not to let me in. I’m alive, he’s alive, yet our children were abandoned to grow up without their parents’ love,” she said.
Tizhe further accused the Ministry of Justice of attempting to compel her to sign a Memorandum of Understanding (MoU) that, according to her, sought to set aside the existing court judgment.
“They asked me to sign an MoU that would nullify the court’s ruling and instead allow my children to only spend holidays with me. I refused because no MoU can override a valid court judgment,” she insisted.
She added that she had written to several authorities including the Chief Judge of Adamawa State, the Governor, the National Human Rights Commission, and the Attorney-General of the Federation. “I copied all relevant bodies, and they all acknowledged receipt, yet no action has been taken,” she said.
She also recounted that after the federal Ministry of Justice in Abuja intervened, she was invited to Adamawa for a resolution meeting but could not attend initially due to a fracture she sustained in an accident.
“When I finally came down, I met with the Director of Citizens Engagement at the State Ministry of Justice. My ex-husband also came with three of my daughters. The girls were willing to go with me, but I was told to sign an MoU setting aside the judgment. I refused,” she stated.
Her ordeal took another turn when, according to her, the new presiding judge of the Upper Area Court I, declined to enforce the judgment despite her formal application filed earlier in November.
”The judge told me plainly that the case would not be enforced. He said it’s not what I want that will be done, but what he wants,” she alleged.
Tizhe, appealed for the intervention of the Attorney-General of the Federation, the National Human Rights Commission, and civil society organizations to ensure that justice is done.
“This is not just about me. It’s about every woman who has been silenced by a system that fails to protect her rights. I have a valid court judgment. All I ask is that it be respected,” she cried.
She maintained that the ordeal had taken a toll on her health, family, and professional responsibilities.
“I lead a national inclusion program, but I’ve been stranded in Yola for weeks, missing an international conference in Abuja, just waiting for justice that keeps slipping away,” she lamented.
Mrs. Tizhe urged President Bola Tinubu’s administration to pay closer attention to the plight of women and children in similar situations, stressing that “the failure to enforce judgments undermines public confidence in the judiciary.”
When reached for his comment on the matter, Prof Caleb Fili said he is constrained to speak on the matter as the case is still in court.
