The fine levied against well-known Nigerian on-air personality Ifedayo Olarinde, popularly known as Daddy Freeze, for adultery has been maintained by the Court of Appeal in Port Harcourt.
On February 18, 2021, Daddy Freeze was ordered by a High Court in Port Harcourt, Rivers State, to pay N5 million for having an adulterous relationship with Benedicta Elechi. Paul Odekina, who was Elechi’s spouse at the time of the adulterous deed, received an order from him for the money.
“Ifedayo Olarinde (the 2nd Cross Respondent to the Cross Petition) is awarded N5,000,000 as damages for depriving the Cross Petitioner of the amiable consort of his wife (Petitioner/1st Cross Respondent) and for injury suffered as a result of his adultery with the Petitioner/Cross Respondent.
In addition, the court dissolved Benedicta and Paul’s marriage because of her unfaithful behaviour with Daddy .
The primary grounds of Daddy Freeze’s appeal were that Order 7 Rule 2 of the Trial Court’s Rules was broken by Odekina’s failure to personally serve him prior to filing for substituted service.
Additionally, he held that the alleged substituted method of service by courier, as demonstrated by the affidavit of service was ineffective and that the failure to serve violates the two fundamental tenets of the natural justice principle.
The three-person panel made up of Justice Abubakar Talba, Danlami Senchi, and Hannatu Balogun denied Daddy Freeze’s appeal for lack of merit, according to the Certified True Copy of the judgement, dated June 26, 2024, that our correspondent was able to secure on Friday.
The appellant should have submitted a counter-affidavit against the affidavit of service and then sought to set aside the trial court’s judgement, the court decided, if he wished to overturn the judgement due to non-service. “Affidavit evidence can only be countered by a Counter Affidavit”
“Where the Appellant wishes to set aside the trial court’s judgement for non-service, he should have contacted the trial court by filing a Counter affidavit against the affidavit of service he wishes to set aside, and thereby set aside the trial court’s judgement.
Thus, as it is in the current appeal, there is nothing filed by the Appellant to challenge the affidavit of service of the Process Server filed in”Thus, I determined the sole question for resolution against the Appellant and in favour of the Respondents. The appeal, then, lacks merit and is accordingly dismissed.
“Accordingly, the judgement of the Rivers State High Court in Suit No. PHC/403MC/2012, delivered on February 18, 2021 by J. Akpughunum, is thus upheld. I place no order for costs.”
According to the CTC of the ruling, Ola Faro and Ikobah Hilton appeared for the appellant, while N.A. Naenwi and Wilcox Abereton (SAN) represented the first and second respondents, respectively.
Final Thoughts
As a well-known media personality, Daddy Freeze’s case draws attention to the idea that public figures are not above the law and must be held accountable for their actions, which can serve as a deterrent to others.
