A son of former Vice-President Atiku Abubakar, Aminu, has commenced fresh moves to win the custody of the two children he had with his estranged wife, Fatima Bolori.

He approached the Lagos State High Court in Igboesere on Thursday, seeking an order granting him the custody of the children –  Ameera, nine; and seven-year-old Aamir.

Aminu, through his lawyer, Oyinkan Badejo, urged Justice Kazeem Alogba to grant him leave to appeal against the verdict of the state’s magistrates’ court, which had, in January this year, awarded the children’s custody to Bolori.

He also prayed the court to make an order staying further execution of the terms of the magistrates’ court’s verdict.

Badejo said his client’s prayers were predicated on Section 70 of the Magistrates’ Court Law 2009.

A state’s magistrates’ court in Igbosere, presided over by Mrs. Kikelomo Ayeye, had, on January 10, 2018, granted Aminu’s ex-wife, Bolori, full custody of the children.

The magistrate’s order followed arguments by Bolori’s lawyer, Mrs. Gloria Albert-Ekpe, from Festus Keyamo Chambers, that she should be granted the full custody of their two children.

Neither Aminu nor his lawyer was in court during the proceedings.

Granting Bolori’s prayers, the magistrate said, “The respondent failed to file a response. In view of the deliberate absence of the respondent and his legal team, I am constrained to make the following orders in default of respondent’s presence and in the best interest of the children to wit:

“Unmi Fatima Bolori is hereby granted full custody of Aamir Abubakar Sadiq Aminu Atiku (seven years) and Ameera Amina Atiku (nine years).

“The applicant is allowed to reside with the children at her residence at Katampe Extension, Abuja. The applicant is ordered to put the children in schools suited for their educational needs in Abuja.

“Access is granted to the respondent to visit his children in Abuja and request for the children to spend holidays with him.

“The respondent is ordered to pay monthly upkeep for the children in the amount of N250,000 monthly beginning January 2018.”

However, urging Justice Alogba to grant Aminu leave to appeal the judgment, the counsel contended that the magistrate did not give his client fair hearing.

Badejo said, “In response to whether the applicant has shown sufficient ground to grant the application, there is not more sufficient ground than the party’s right to fair hearing.

“We arrived at the magistrate court at 12.30pm believing the matter was for mention at 1pm.”

Badejo contended that the magistrates’ court erred by hearing and granting Bolori’s application for custody on a date the suit was not fixed for mention.

He also urged Justice Alogba to vary the conditions attached to the custody order made by the magistrate.

He said, “We are not seeking a stay of the execution of the judgment. But some of the terms were onerous. We were asked to pay N250,000 for the upkeep of two young children, medical allowances, etc. We find that rather onerous.”

Bolori’s counsel, O. N. Olabisi and Ethel Okoh, opposed her.

But in a Bench Ruling, Justice Alogba granted Aminu leave to appeal the magistrates’ court judgment.

The judge, thereafter, adjourned further hearing in the case till May 17 and June 14.

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