Pastor Slammed With Court Warrant, Owes Child Support

Since 2006, Pastor Elijah Taiwo Abiara and his former wife, Princess Adeyemi Onibokun, who lives in the U.S., have been involved in a legal struggle. 

Pastor Taiwo Elijah Abiara

During this period it was reported that Pastor Abiara made no attempt to respect the child support proceedings. The court determined that the Pastor “willfully” failed to make his child support duties by leaving the United States.

According to Sahara Reporters, on Tuesday, November 18th, 2014 a high court in Ibadan served Pastor Elijah Taiwo Abiara a court order from the United States for possible contempt of a Florida State Family Law Court.

 The charge: failure to pay ten years of child support, an amount in excess of approximately 140 million Naira (N140,25,0000). The equivalent sum in the United States hovers just under one million dollars at $809,524.

Pastor Abiara is accused also of fleeing the United States to avoid his duty.
The court order was registered by a Lagos-based attorney, Mr. Kehinde Dada, on behalf of the plaintiff, Princess Onibokun. It was also served at the defendant’s church, City of Faith, Agbala Itura’s Church, at New Ife Road, Olode, Ibadan, Oyo State. The secretary to the church was also served.

In Nigeria, the requirement for recognition and enforcement of foreign judgments is contained in the Foreign Judgments (Reciprocal Enforcement) Act, Cap 152, Laws of the Federation of Nigeria 1990. Parties wishing to enforce foreign judgments in Nigeria must, as a first step, apply to have the judgment registered in the appropriate court.

The foreign judgment, under the Nigerian “Child’s Right” Act – Section 14 (2) of the Child Rights Act has further extended the child’s right by providing that the child’s right to maintenance by his parent or guardian can be enforced by the child in family court whether or not there is proceeding for a matrimonial cause. Orders for maintenance when made may not last beyond the child’s eighteenth birthday and when making financial orders under the Child Rights Act, the Court must also have regard, inter alia, to the income, earning capacity of the child and the parents, the child’s financial needs, physical and mental condition and education.

The plaintiff, Onibokun, came under the umbrella of this Nigerian law and registered the Florida court summons against Pastor Abiara.

Reports state that between 1997 and 2005, Pastor Abiara and Onibokun lived together and have three children.

Esther and Naomi

Pastor Abiara left the U.S. around April 2014 to take the position of Pastor in charge of revival and youth counseling with the CAC Agbala Itura, Ibadan, without making financial arrangements for these children, Esther Ayomide Christi Abiara (16), Naomi Anuoluwa Abiara (13), and Elijah Michael Abiara Jr. (10).

Naomi and Elijah

U.S court documents state that on December 14, 2004, Duval County, Florida courts entered an order establishing child support payments ($1,150 monthly) while the parties were still living together. The order granted Onibokun custody of the three children.

Pastor Abiara and Onibokun separated around May 2005 and Onibokun filed a petition to modify the child support amount on or about June 1st 2005. Her petition was granted, and was entered legally on June 22, 2007.

Abiara filed a counter petition on February 1st, 2008. He then remarried and moved to London, England, later moved to New Jersey.

A final court order was rendered on June 7, 2007. Pastor Abiara was to make a $1,085 monthly support payment for his three teenage children.

The latest court documents indicated that the pastor has not made any payments in the last four years.
This case serves as proof that the application and enforcement of the 2003 Nigerian law on Child Right Act to maintenance by his parent or guardian can be enforced in the Nigerian judicial system.