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Saturday 23 August 2014

Cecilia Ibru’s Daughter, Vivi In Messy Divorce, Hubby Exposes Her Drug Habit

The marriage between ViVi, the daughter of the former Managing Director of Oceanic Bank, Mrs. Cecelia Ibru, and international businessman, Aleksander Stankov is in trouble. The union which was solemnized at Our Saviour’s Church, Lagos in 2006 and has produced 3 lovely kids (2 girls and a boy) finally hit the rocks after Aleks, as he is fondly known, obtained a Decree Absolute certificate from the High Court of Imo State, Holden in Owerri as presided over by Honourable Justice Ngozi Opara.

While a lot of close friends of the couple have wondered how the union ran into trouble at this pace, feelers has it that it might have been escalated by the travails of the former Managing Director of Oceanic Bank and her subsequent relocation to London after serving her jail term in Nigeria for the mismanagement of the bank.

However, whatever the problem was, it deteriorated so fast that the once love birds are engaged in legal fisticuffs both in Nigeria and abroad over the divorce case and custody of their children. Friends of the couple who have obviously taken sides in the marital squabbles are currently hopeful that the sour relationship between the couple does not affect the lovely children.

Vivi had gone ahead of Aleks by obtaining a restraining order, barring him from coming close to the children. She obtained this order from the principal Registry of the Family Division in London, claiming that Aleks is very violent and assaults her. Frustrated Aleks subsequently hit London to obtain his own order granting him access to the children. He finally obtained this Contact order in December 2011, Dragging Mrs Cecelia Ibru in the case, the contact order stipulated amongst other determinations that VIVI, and his mother must be there anytime Aleks makes contact with the kids after agreed date and time.

Meanwhile, as the London battle raged on, Aleks filed for divorce here in Imo State, Nigeria and ultimately obtained dissolution of the marriage. This came 3 months after he approached the court and after Vivi failed challenge the case. She later went back to the court to claim that she was not even aware of the case: hence he did not challenge it. City people gathered that Aleks actually got the judgement by default, since VIVI did not challenge the case for the stipulated 3 months, though that gave rise to suit by VIVI asking the court to set aside its own judgment.

According to court documents, in the suit asking the court to dissolve the marriage and grant him custody of the children, Aleks had claimed that his wife smokes Indian Hemp and does not have time to take care of the children or even breastfeed the baby.

Hear him “ I brought this application to Court because my wife smokes Indian hemp, alter smoking same, she behaves in a way I do not like in a disturbing way and I will not like my children to grow up in an environment where they will have that kind of example. Her attitude varies but in general unpredictable. I do not like it. Under the influence of this drug there is usully quarrels, arguments, not breastfeeding the baby. For this lack of care for the children, I had to bring my mother to care and baby –sit for me.

Soon after we got married she got involved but little did I know she was already addicted to the drug. I made efforts to call her to order over this but all to no avail. My three children are in the UK having been taken there by my wife without my consent. I am asking the court to grant custody of the children to me. I have all it takes to care for them. I am the one providing the school fees and brought my mother to take care of them.

 My mother who left for her home will come back to continue looking after them. I pray the court grants me the prayer in my petition…” the court subsequently dissolved the marriage as it was irretrievably broken down and ordered that the custody of the three issues of the marriage be granted to Aleks with visitations rights to VIVI.

Meanwhile, as soon as Vivi learnt of this judgment, she immediately challenged the court to set aside its own judgment on the ground that it was fraudulently obtained by Aleks, whom she claims did not properly serve her the summons, hence she was not even represented to make her own case.

VIVI prayed the court for an order for leave extending time within which the Respondent / Applicant will apply to the Honourable Court for an Order setting aside the default Judgment of the High Court of Imo State Holden at Owerri, as delivered by Hon. Justice Ngozi Opara and an order setting aside the entire proceeding of the court as same was conducted with deliberate misrepresentation.

Vivi had claimed in her affidavit that the processes in the suit were not properly served to her and none of the said notices came to her notice. She also claimed those at all times, while the suit was pending, Aleks lived with her in the same house. She further claimed that she travelled to England from their matrimonial home at Ikoyi with the knowledge of Aleks and that as soon as she travelled abroad, Aleks surreptitiously came all the way from far away Lagos to Imo State to commence divorce proceedings against her. She also claimed that she was outside the country when Aleks “fraudulently instituted the petition”. She said Aleks sneaked to court to neutralize the effect of the judgment of the Court of England which made restraining orders against him.

 According to part of the 13 page written judgement of the Judge, Vivi claimed that Aleks is a very violent person and physically assaults her, hence the restraining orders from the Court of England. She said the processes were never served to her and that Aleks willfully served himself the process meant for her, since he knew she travelled abroad. She said it was when she came back to Nigeria and was sweeping the house with Aleks that she found the initial petition from under the one of the beds.

The affidavit which was partly in the written judgment of the court was deposed to by Daniel Udeh Esq, Legal Practitioner in the Chamber of the Principal Counsel for Vivi. Among other believes, the affidavit was obtained by fraud, deliberate deceit and hoodwinking of the honorable court.

After all the legal arguments arising from the 20 paragraph affidavit, the judge ultimately dismmesd the case.

According to the judge, “I am funtius officio as far as this matter is concerned and I proceed here and now to dismiss this application as lacking in merit”.

Vivi subsequently went to the Court Appeal to overturn the judgment of the lower court in the dissolution of the marriage and awarding of custody of the children to Aleks. As it stands now according to the judgment of the Court of First Instance, Aleksander Stankov and Ayeverhuvwu Oduvesiri Vivi Ibru remain divorced.

Filed by Goldmyne

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