Emeka Ugwuonye, the senior executive at the DPA Family Law Clinic has described as a tactical error, the decision of socialite and businessman, Cubana Chief Priest to sue a Kenyan lady who accused him of fathering her son and abandoning them.
According to the lawyer: “I frequently encounter individuals who struggle with concepts of law, particularly when it comes to discussing custody and paternity issues. To make sense of legal principles, it’s essential to understand the role of legal proof, which consists of two key components: facts and rules. Rules apply based on specific facts, and while it may be easy to grasp the rules, establishing the facts can be more challenging.
“Take, for example, a well-known rule: you cannot have sex with someone without their consent, a principle that underpins the crime of rape. But how do we ascertain the fact – whether consent was given? The answer lies in applying legal standards of proving facts.
“In legal contexts, proving facts is governed by the rules of evidence. Not every fact needs to be proven; some are considered established through legal presumptions. For instance, the law presumes that a human pregnancy lasts nine months. So, if a woman gives birth today, we can typically presume she conceived in September of the previous year. It would be unnecessary to call witnesses to prove that.
“However, not all presumptions are equal. Some can be rebutted, meaning they can be challenged. Importantly, when a presumption exists, it typically falls on the accused to rebut it. For example, if a woman claims a man is the father of her child, the law starts with a presumption in her favor. The man has the opportunity to disprove this through evidence, such as a DNA test.
“Let’s think critically about cases like Helen and Cubana Chief Priest. Concerns around what happens if a paternity test yields a false result often stem from dangerous assumptions, such as the belief that women can’t identify who fathered their child. Most women can accurately determine this information, especially knowing that pregnancy only occurs during a specific window in the month.
“Another flawed assumption is that women intentionally mislead men about paternity. While cases do exist where this happens, they are rare. Most modern women recognise that a paternity test could be done at any point, and they wouldn’t risk harming their child’s future by making false claims.
“In investigating the situation between Helen and Pascal, we concluded that Cubana Chief Priest (CCP) is likely the father. Despite being presented with this perspective, he has refused to submit to a paternity test. His lawsuit in Kenya isn’t about establishing paternity; rather, he wants the court to prevent Helen from calling him the father. Notably, in a previous interview, he claimed he had never met Helen, yet he didn’t make this statement in his current lawsuit. Instead, he focuses on stopping her from claiming he is the father. Regardless, this legal action could benefit Helen by leading to a court-ordered paternity test.
“Let’s work to broaden our thinking and eliminate prejudices against women. Women are intelligent individuals deserving of respect. Furthermore, understanding and respecting the law’s presumptions is crucial for navigating the legal system effectively.”
Cubana Chief Priest has continuously denied any association with the lady.
Related story:
Cubana Chief Priest Reacts to News of Abandoning Child by Kenyan Lady
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