ADESANYA J. (Delivering the Lead Judgment): By an amended petition dated 3 October 2012, the petitioner, Mrs. Margaret Adenike Idowu, prays the court for a decree of restitution of conjugal rights of the marriage solemnized at the Parish Church of St. Jude’s Ebute-Metta, Lagos State on 17 February 1979 between herself and the respondent, Mr. Ademola Babatunde Idowu.
The facts relied upon for the said petition are as follows:
The respondent refuses to cohabit with, and render conjugal rights to the petitioner who sincerely desires conjugal rights to be rendered to by the respondent and is willing to render conjugal rights to the respondent. The petitioner has not made any written requests to the respondent because of the following reasons:
(I) The respondent still visits flat 2 of plot 4, Mercy Day Staff Quarters, Jakande Estate, Isolo, Lagos, periodically to visit one Funmilayo Olaleye (the mother of four of his children). The petitioner thus approached him physically to plead with him…