Daddy Freeze insists “I am innocent” of adultery yet admits to sleeping with another man’s wife
By Jeph Ajobaju, Chief Copy Editor
Daddy Freeze (Ifedayo Olarinde) has finally agreed to pay the N5 million adultery fine upheld against him by the Court of Appeal, even as he still insists he is “innocent” of his sexual peccadillo with another man’s wife, which broke her home and led to divorce.
The music producer and media personality changed his mind to comply with the court order after he initially stood his ground not to pay the fine, saying he did not commit the act.
A Rivers State High Court in Port Harcourt had on 18 February 2021 ordered him to pay N5 million as a fine for sleeping with Benedicta Elechi who was married to one Paul Odekina at the time of the tryst.
Daddy Freeze rejected the verdict and proceeded to the Appeal Court in Port Harcourt for redress. But the senior court upheld the judgment of the lower court on 13 July 2024.
Reacting at the weekend, Daddy Freeze posted on Instagram: “I will pay the adultery fine; my wrist watch alone cost over N100 million, but I am innocent.
“This happened many years ago. I was going through serious torment, so was the lady, and we both jam many years later in church; this happened over 12 years ago.”
Full breadth of court ruling
The High Court, which judgment the Appeal Court upheld, ruled that:
“The sum of N5,000,000 is awarded against Ifedayo Olarinde (the 2nd Cross Respondent to the Cross Petition) as damages for depriving the Cross Petitioner of the amiable consort of his wife (Petitioner/1st Cross Respondent) and for injury suffered as a result of his adultery with the Petitioner/Cross Respondent.”
The court also dissolved the marriage between Paul and Benedicta because of her adultery with Daddy Freeze.
The main grounds of appeal by Daddy Freeze were that Paul Odekina did not attempt to serve him personally before applying for substituted service, which violates Order 7 Rule 2 of the Rules of the Trial Court.
And he argued the purported service by substituted means, that is, by courier, was not effective as shown in the affidavit of service, insisting the non-service violates the twin pillars of the principle of natural justice.
But the Court of Appeal dismissed the appeal for lack of merit.
“Affidavit evidence can only be countered by a Counter Affidavit. As such, [the court] found the procedure adopted by the Appellant alien to our jurisprudence,” the Appeal Court held.
“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.
“Hence, therefore [the Appeal Court] 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.”
The Appeal Court made “no order as to costs.”
__________________________________________________________________
Related articles:
Daddy Freeze says he won’t pay N5m adultery fine upheld by Appeal Court
Daddy Freeze urges poor Nigerians in cities to return to villages to farm
__________________________________________________________________
