A Mother’s Plea: Adamawa Woman Fights to Enforce Court Order for Custody of Her Children

In a troubling case that highlights the gap between a court judgment and its execution, a woman in Adamawa State is publicly pleading for justice, claiming a legal victory for her children's custody exists only on paper.

The woman, Zhihwi Mercy Tizhe, is calling for the enforcement of a judgment delivered by Upper Area Court I in Yola, which she says granted her custody of her daughters. Despite winning the case, Mrs. Zhihwi decries a prolonged and frustrating delay in seeing the court's order implemented.

A Union Dissolved, A Family Divided

Addressing journalists in Yola, Mrs. Zhihwi shared the backstory of her lengthy legal battle. She was previously married to Prof. Caleb Fili of the Department of Food Science and Technology at Modibbo Adama University (MAU), Yola. Their marriage was dissolved over twelve years ago.

After the separation, she alleges that reconciliatory meetings failed and she was completely denied access to her four children by her ex-husband. This painful denial led her to file a civil case at the Upper Area Court I in Yola.

A Victory in Court, But Not in Practice

Her pursuit of justice seemed to pay off. On January 15th, 2024, the then-presiding judge, now Chief Registrar Buba Abubakar, delivered a judgment in her favour. The court granted her four out of five prayers, including the crucial custody of her daughters.

Specifically, the court ordered that the third and fourth daughters be released to her directly. For the first and second daughters, who had reached the age of consent, the court ruled they should be allowed to choose whether to live with their mother or their father.

An Alleged Stonewall and a Shocking Detention

However, the victory was short-lived. Mrs. Zhihwi, who works with the Partnership for Learning for All in Nigerian Education (PLANE) and is based in Abuja, claims she has traveled to Yola eight times to secure the enforcement of this judgment, all to no avail.

She alleges that the current presiding judge, Hon. Shehu Mustapha, has "systematically and deliberately" refused to enforce the ruling despite her formal application.

Her quest for help has been wide-ranging. She has written to the Chief Judge of Adamawa State, Governor Ahmadu Umaru Fintiri, the National Human Rights Commission, and the Attorney-General of the Federation. The response, she says, has been silence or inaction.

She expressed particular concern over a Memorandum of Understanding (MoU) presented to her by the Adamawa State Ministry of Justice, dated October 28th, 2025, which she was asked to sign. She stated that this MoU would effectively ask her to set aside the court's judgment.

"The MoU does not supersede the judgment of the court," she pointed out, adding that she is not a party to it and questioning if the legal system in Adamawa operates differently from the rest of Nigeria.

The situation took a distressing turn during her most recent visit to the court. Mrs. Zhihwi alleges that when she tried to seek clarification on a verbal order, the judge instead ordered her detention and the seizure of her phones. She described this action as "unfortunate" and a stark contrast to the enforcement she was seeking.

She also raised concerns about the children's welfare, alleging that her ex-husband has left them in the custody of his sister, "thereby denying them parental care and love." She claims she and her children have had no access to each other for over twelve years.

A Call for Intervention

Mrs. Zhihwi is now making a public appeal for the intervention of the Attorney-General of the Federation, the National Human Rights Commission, and civil society organizations to wade into the matter and ensure justice is finally done.

When contacted for comment, Prof. Caleb Fili, the ex-husband, declined to speak on the matter, stating he is constrained as the case is still in court.

This case raises critical questions about judicial process, a mother's rights, and the well-being of children caught in a prolonged parental dispute.