MUHAMMED LAWAL SHUAIBU, JCA (DELIVERING THE LEADING JUDGMENT): The appellant and the respondent were cohabiting as husband and wife peacefully until the 8th day of February, 2015 when owing to momental differences and frictions, resolved to end the relationship peacefully. Consequently, the couple reduced the terms of their separation into writing which was voluntarily executed and witnessed by a counsel before a commissioner for oaths. Prior to the said voluntary separation, the marriage was blessed with a son named Harry Jacob Yange whose custody was mutually given to the husband herein after referred to as the appellant.
In spite of the terms of separation voluntarily executed by the couple, the Applicant herein filed a motion on notice in the Kebbi State High Court in Suit No. KB/HC/M.115/2015 against the respondent claiming the following reliefs: -
1. An order of this Honorable Court awarding Deborah Musa the legal guardianship of Harry Jacob.
2. An order of this honourable court di…