FCT Court Grants Full Custody to Widow After Policeman’s Death in Line of Duty

FCT Court Grants Full Custody to Widow After Policeman’s Death in Line of Duty

The High Court of the Federal Capital Territory (FCT), sitting in Kubwa, has awarded full custody of a six-year-old boy to his mother, Mrs. Jemeela Jega, following the death of her husband, CSP Nasir Hassan Jega, during an official police operation.

Delivering judgment on Thursday, Justice O. I. Adelaja ruled in favour of Mrs. Jega, who had sought to dissolve her marriage and assume custody of their only child.

The petition was filed through her counsel, Oyarebu Fatimah (MRS) of the Legal Aid Council of Nigeria (LACN). Proceedings were initially delayed after the court received official notice of CSP Jega’s death on November 19, 2024. The case resumed on January 16, 2025.

During her testimony, Mrs. Jega confirmed that she and the late officer married on September 4, 2014 and submitted their marriage certificate along with their child’s birth certificate, dated February 22, 2019, as supporting evidence.

Justice Adelaja emphasized that child custody matters must prioritize the welfare of the child above all else. She cited legal precedents, including Obahaya v. Obahaya (2022) and Okwueze v. Okwueze (1989), stressing that the best interest of the child overrides customary law considerations.

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“The child, born in 2019, is of tender age and has now lost his biological father. His mother is still alive and willing to take custody. The court must consider the child’s welfare—physically, morally and mentally,” the judge ruled.

Drawing from similar cases such as Williams v. Williams (1987) and Odogwu v. Odogwu (1992), the court noted that custody should go to the parent capable of ensuring a safe environment, quality education and emotional stability.

The ruling secures Mrs. Jega’s right to care for her son and provides a stable future for the child following the loss of his father.