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Miss Independence


By
Nwokocha Chidinma Grace

“Where are you going to, Yemi?” Her father asked
“Somewhere”, Yemi replied nonchalantly
“Get back inside and remain there...” Before he could complete the statement, his daughter was out of the house and on her way to God knows where.
“Yemi! Yemi! Yemi!” His voice trailed off.

Mr. Roberts was worried.  Until her 20th birthday, Yemi had been his innocent daughter. He had brought her up in the right way and had provided everything she ever needed. But since her 20th birthday, she has suddenly become rebellious. She flouts his orders at will and behaves as she likes. His daughter was gradually slipping out of his hands and he needs to do something about it really quick.

Yemi Roberts was the 8th and last child of Mr. & Mrs. Roberts. She was their only daughter. Her parents lavished her with so much affection and their attention soon shifted from her brothers to her. As the only girl, she enjoyed many privileges and was pampered and treated like a queen. There was a ground rule however, laid down for her. She was not to go out alone except in the company of any of her brothers or her parents. She was also not to be seen in the company of male friends and her female friends must never visit her at home.

Growing up, Yemi had always wondered why her mother stayed at home very often and only left the house when she was going to the church or market and in both cases, her father was always the one to drop her and pick her up at any of those places. She wasn't allowed to drive herself or go alone. Being a very inquisitive child, Yemi demanded explanation from her mother.

She was told that her mother worked in a Bank before she met her father. They had fallen in love and gotten married later on. Her mother made significant progress in her job and after having her seven sons; she rose to the position of Assistant Branch manager and earned double of what her father earned in his place of work. She basically took care of the needs of the family without her father's help and this greatly annoyed her father who felt that his position as head of the family was threatened by his wife's financial strength.  When her mother became pregnant with her, her father insisted that she quit her job and become a full time housewife to take care of his needs and those of his children. Her mother had flared up and vehemently refused after all, when she had her 7 boys she combined her role as wife, mother and boss effectively without any lapse. Her father had however insisted and when her mother saw that this was beginning to threaten their marriage, she gave up the struggle, resigned from her work and became a full housewife.

This revelation was made on Yemi’s 15th birthday and this made her very angry. Although she did not confront her father on the issue, she however could not help wondering what man in his right senses would force his wife to resign from her job simply because she was earning more than him. Her father was educated and ought to know better. The family suffered greatly as a result of the huge loss of income,  but her father's pride would not let him allow his wife go back to her former job or even start a small business to augment his income. And so the family had continued to live on his meager salary.

Yemi had thought that when she would be 18, her father would at least give her breathing space at least since she was now an adult now but her father would not bulge. She was a woman, he had told her and it was a man's world. Even when she got admission to the University, her father insisted that she go from home to school every day. She was fed up. There was certainly no difference between her house and a prison. She had always dreaded coming back home. When she was in her third year, she became rebellious.  She refused to follow her father in his car to school anymore and would prefer to take public transport. She dressed as she liked and made friends whom she visited regularly. She decided that it was time to enter into a relationship and so when Bayo asked her out, she did not think twice before accepting his proposal. She was on her way out to see Bayo when her father stopped her, but she had gone all the same. She had tasted freedom, and there was no going back.

She got pregnant for Bayo in her final year and hid it from her parents. When she confronted Bayo with the news of the pregnancy, he denied ever having anything to do with her. She was ashamed and scared of going back home as she didn’t know how her father would react to the news. He would definitely kill her. She waited for National Youth Service and was lucky to be posted to her best friend's hometown in Rivers state. Jennifer's family was very good to her. They nursed her until she gave birth to a bouncing baby boy who she named, Juwon. She stayed with Jennifer's family until the end of her service year and was lucky to secure a  job in  one of  the  oil companies in  Port Harcourt.

She was very diligent and hard working and was liked by all in the company. She had decided after hearing her mother's story and after her escapade with Bayo that she would not get married. She couldn't bear the thought of having to give up her dream job to be with a man who doesn't even care about what happens to her. She decided she would be a single mother and raise Juwon alone. She got a house and lived in it with her son. She enrolled him in a good school and he bore her father's surname in school.  She was happy with her life. She enjoyed her freedom and independence and lived with the outcome of her choices.

10 years down the line, Juwon Roberts is all grown.  Bayo has realized his mistake and having heard that his baby mama and son were both doing well without him, has decided to come back to claim his son. Mr. Roberts got wind of what happened through Bayo and is contending that he cannot father an illegitimate child and seeks for an injunction to stop Juwon and Yemi from using his name and also to compel Juwon and Yemi to use Bayo's name. Mrs. Roberts has pleaded with Yemi to get married to Bayo so that Juwon can bear Bayo's name. Bayo insists that he is not married to Yemi and so Yemi cannot use his name, only his son can. Yemi on the other hand is not willing to get married to Bayo, but insists that she must be allowed to use whatever name she wishes to use for herself and her son.

Advice Yemi on the following legal issues:
1. The propriety or otherwise of using Bayo's surname when she is not married to Bayo
2. The status / domicile of an illegitimate child under the Nigerian Law

Photo credit: Nigerianmonitor.com

Comments

Unknown said…
Thank you for reading Legal Dilemmas blog
Illie said…
This a good one... A story well told. 👏👏

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