Dr. Roy Pedro Ugo V. Augustina Chinyelu Ugo (2017)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The parties herein were Nigerian Citizens of Igbo extraction of Imo State of Nigeria. They voluntarily renounced Nigerian citizenship and acquired the citizenship of the United States of America (USA), and later got married under the American Law. They were domiciled in the USA at all material times. It appears, and there is evidence establishing, that they have not renounced their American Citizenship. They were, at all material times to the proceedings the subject of this appeal, American citizens.

In 2002 the Appellant had approached the Supreme Court of the State of New York County of Bronx for dissolution of his marriage to the Respondent herein. He had in the petition asked for other ancillary orders regarding the sharing of the properties they had in common. The ground for the divorce at the New York Court was abandonment. The Supreme Court of the State of New York dismissed the petition, stating in its judgment, thus:

“Upon the foregoing and after a trial being held in this matter on May 30, 2002, this National Proceeding

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is hereby dismissed in its entirety. The Court finds that the Plaintiff, Roy Ugo. failed to establish a cause of action for abandonment pursuant to D.R.L, Section 170(2) as alleged in his Amended verified complaint sworn to on March 7, 2002 and entered with Bronx County Clerk’s office on March 18, 2002. This shall constitute the decision and Order of the Court.”

The Appellant, as the petitioner, did not appeal this decision of the Supreme Court of the State of New York. The said decision still subsists and remains binding on the parties thereto. The Appellant thereafter relocated to Nigeria. He later filed a divorce petition at the Upper Area Court, for the dissolution of his marriage to his wife, an American citizen, residing in the U.S.A. He obtained the divorce. The divorce as, however, annulled by the Upper Area Court, Bwari, upon the particulars of fraud being made known to that Court. It was ludicrous that an Upper Area Court was exercising Jurisdiction or submitting an American citizen residing in the USA to its jurisdiction.

The Appellant thereafter brought before the High Court

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of the Federal Capital Territory petition for the dissolution of his marriage with the Respondent and sought, inter alia,

“a. A decree of dissolution of marriage on the ground that the parties have lived apart for a continuous period of over 3 years immediately preceding this petition and that since the marriage the Respondent has behaved in such a way that the petition could not be reasonably expected to live with the Respondent. and therefore the marriage has broken down irretrievably.”

The Appellant had also averred in the petition and given particulars of the previous proceedings as follows –

“Action for a divorce filed by the Petitioner against the Respondent the Supreme Court of the State of New York, County of Bronx dated March 5, 2001 on grounds of –

(a) Irreconcilable differences between the parties: