In a ruling delivered on February 6, 2025, the court resolved all issues raised by the applicants and deemed their claims unsustainable.
The applicants, Christian Wigwe and Pastor Shyngle Wigwe, had in an action allegedly orchestrated by Emeka Wigwe, filed suit number ID/7735FPM/2024 against Access Bank Plc, Coronation Merchant Bank Ltd, and United Securities Ltd.
Also named as defendants, under an order dated November 18, 2024, were Uche Wigwe, Aigboje A.I.G. Imoukhuede, and Miss Otutochi Channel Wigwe.
The claimants sought an order for the appointment of Otutochi Wigwe, Uche Wigwe, Shyngle Wigwe, and two professionals – Zedra Trust Company (Isle of Man), a subsidiary of Zedra Corporate Solutions UK Limited (International Professional), and Pricewaterhouse Coopers Limited (Local Professional) – as interim administrators of Herbert Wigwe’s estate, pending the resolution of the substantive suit.
Additionally, the applicants requested an order placing Wigwe’s minor children (Chituru David Wigwe, Wegu & Hannah Wigwe, and Okachi Great Wigwe) under the joint guardianship of Otutochi Wigwe, Uche Wigwe, Emeka Wigwe, Shyngle Wigwe, and the two professionals, with Shyngle Wigwe overseeing their welfare.
The claimants also sought authorisation for the interim administrators to ensure the maintenance and welfare of Herbert Wigwe’s dependents, liaise with third parties regarding financial or property interests, submit monthly reports to the court, and obtain full disclosure from Access Bank Plc, Coronation Merchant Bank Ltd, and United Securities Ltd regarding shares or financial interests held on behalf of the deceased.
After hearing submissions from both parties, Justice Adeyemi ruled that the claimants were not entitled to the reliefs sought.
Justice Adeyemi stated: “The Court has listened to the submissions of the learned Senior Counsel to the parties in this suit, and it is of the view that the issue for consideration is whether the Claimants/Applicants are entitled to the reliefs sought before this Honourable Court.”
Referring to Section 24(1) of the Administration of Estate Law, Laws of Lagos State, 2015, the court noted that it had the power to appoint an administrator pendente lite for the estate of a deceased person where there was a legal proceeding touching on the validity of the will or for other related matters.
However, the court found that the claims by the applicants were essentially the same as those raised in the substantive suit.
The court noted that the request for the appointment of interim administrators and guardians, along with related reliefs, were part of the substantive suit, making it inappropriate for the court to rule on the matters at the interlocutory stage.
Additionally, the court referenced an existing judgment by a court of competent jurisdiction, which had already appointed the third defendant as the legal guardian of the deceased’s minor children.
Since there was no pending appeal regarding the judgment, the court held it could not review it at the interlocutory stage.
Justice Adeyemi ruled that the applications for the appointment of interim administrators and guardians were part of the substantive claims, and thus could not be considered at this stage.
“The Contention of Learned Senior Counsel for the Claimants/ Applicants that given the issues involved in this suit, there might be a protracted trial is not only unfounded but also preemptive.
“This is because the issues involved particularly that of the minor children of the estate have prompted the court to grant an accelerated hearing in this sult from the beginning as shown from the abridged days granted to parties,” the court held
The court, therefore, encouraged Learned Senior Counsel to take advantage of this and ensure that the case was not unnecessarily prolonged in the interest of the minor of the estate.
“The issue raised above is therefore resolved against the applicants. Consequently, the application dated 28th November 2024, being unsustainable is accordingly dismissed,” it stated.
