Port Harcourt, Nigeria – The Court of Appeal in Port Harcourt has upheld a High Court ruling imposing a N5 million fine on popular Nigerian On-Air Personality, Ifedayo Olarinde, widely known as Daddy Freeze, for committing adultery.
On February 18, 2021, a High Court in Port Harcourt ordered Daddy Freeze to pay N5 million to Paul Odekina, whose wife, Benedicta Elechi, was involved in the adulterous act with the media personality. The court’s decision was based on the finding that Daddy Freeze had deprived Odekina of his wife’s amiable consort and caused injury through the adulterous affair.
Legal Proceedings
Unsatisfied with the High Court’s judgement, Daddy Freeze sought redress from the Court of Appeal. His appeal argued that Odekina had not attempted to serve him personally before applying for substituted service, which violates Order 7 Rule 2 of the Rules of the Trial Court. He also claimed that the service by substituted means, specifically by courier, was ineffective, thus violating the principles of natural justice.
However, in a Certified True Copy of the judgment dated June 26, 2024, and obtained by our correspondent on Friday, the three-man panel consisting of Justice Abubakar Talba, Danlami Senchi, and Hannatu Balogun dismissed Daddy Freeze’s appeal for lack of merit.
Court’s Rationale
The appellate court ruled that if Daddy Freeze wished to overturn the trial court’s judgment due to non-service, he should have filed a counter-affidavit against the affidavit of service. The court noted that affidavit evidence can only be countered by a counter-affidavit, a procedure that Daddy Freeze did not follow.
The judgment read in part, “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. Thus, as it is in the instant appeal, there is nothing filed by the Appellant to counter the affidavit of service of the Process Server filed in.”
Affirmation and Final Ruling
The court concluded, “Hence, therefore I resolved the sole issue for determination against the Appellant and in favour of the Respondents. The appeal therefore lacks merit and it is hereby dismissed. 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.”
This ruling marks a significant legal setback for Daddy Freeze, reinforcing the High Court’s original decision and the substantial fine for his adulterous actions.
