The social media has been awash with stories about the Wigwe family and the ruling by Hon. Adeyemi J. of the Ikeja High Court (Family & Probate), which arose from a motion for interlocutory injunction brought by the claimant/applicants in Suit No. ID/7735FPM/2024. The matter is about the Administration of the Estate of the late Mr. Herbert Onyewumbu Wigwe, and has Christian Wigwe and Pastor Shyngle Wigwe v Uche Wigwe, Aigboje Aig-Imoukhuede and Otutochi Wigwe as parties.

Since the matter has become a subject of public discourse, as a legal practitioner, my perspectives will guide the public way from social media disinformation. Unfortunately, the matter has caused tension and emotions, but the law remains stable in its position on every matter, including this very one. Precedence is the most reliable compass of the law. I read the court ruling and the insightful piece by Onikepo Braithwaite in ThisDay of Monday, February 24, 2025, titled ‘Herbert Wigwe: Between Familial Relationships and Inheritance Laws.’

Perspectives on the Law on Estate Administration
Two situations could possibly arise upon the death of an individual in the context of the Law on Estate Administration. On this subject, Onikepo Braithwaite’s resources and research would be extensively relied upon for explanation of the two situations.

Testate and Intestate 
Where someone dies and leaves a will, Testacy, (see the Wills Law of Lagos State 2004 (WL)), but when the death of someone happens without leaving a will, it is Intestacy (see the Administration of Estates Law of Lagos State 1959, now 2015 (AEL)).

It is expected that a Testator must be of sound mind and not less than 18 years old (see Section 3 of the WL). Also, the will must be made voluntarily. If the right conditions are met, a will made outside Nigeria, can also be valid in Nigeria.

In his situation, Herbert Wigwe also used Revocable Trust. This could be used instead of, or with a will. Revocable Trust does not require Probate. By this, the privacy of the assets and beneficiaries are guaranteed, and provides for transfer of assets from one generation to generation, under the administration of the Trustee.

According to reports, Herbert Wigwe’s will was made outside Nigeria, and it covers everything that belongs to him, which includes his personal and real property in Nigeria and abroad. The will has since been submitted to Probate in Nigeria.

In his testaments, Herbert Wigwe named three people alternatively to be his personal representatives, and three people alternatively to be his trustees. It is important to note that, in the two capacities, that is – personal representative and trustee, his wife, late Doreen Wigwe and his first cousin, Uche Wigwe are listed as 1st and 3rd respectively, while an American, Ms Blanco is listed as the 2nd alternative personal representative, and Aigboje Aig-Imoukhuede, his friend and business partner, is listed as the 2nd alternative trustee. Ms Blanco later declined to be the personal representative.

It is clear from the above that it is not only a biological relationship that confers interest on people in respect of a deceased’s estate, but more importantly, the wishes of the deceased, when a will exists, or in intestacy, the provisions of the law following the hierarchy of inheritance.
Court ruling

Hon. Adeyemi J. of the Ikeja High Court (Family & Probate) reduced the issues for determination in the motion on notice into three: (1) appointment of interim administrators; (2) appointment of interim guardians/supervision; (3) request for a Norwich Pharmacal Order. All the claimant/applicants’ prayers were, however, refused by the court in this well-considered ruling.

Prayers in the motion were practically a repetition of the requests in the substantive suit. This was rightfully noted by Adeyemi J, who supported the court’s position with the case of Shanu v Afribank (Nig) Plc (2002) LPELR-3036(SC) per Samson Odemwingie Uwaifo, JSC where the Supreme Court held thus: “….a court should not delve into issues meant for the substantive suit or appeal, when considering relevant interlocutory applications.”

As Onikepo Braithwaite noted, the appropriate request that should be made when the interlocutory prayers tend to coincide with the substantive prayers, is to ask the court for accelerated hearing of the case. In Dustin Pharmaceutical & Chemical Co. Ltd v Beneks Pharmaceutical & Cosmetics Ltd & Ors (2008) LPELR-974(SC) per Francis Fedode Tabai, JSC, the Supreme Court held thus: “….it has often been advised that in appropriate cases, a recourse to an order of accelerated hearing should be preferred to an interlocutory injunction, so that the matters in controversy can be settled once and for all”. The case at hand is like the cited cases.

The Judge also pointed out that another instance of abuse of court process was praying the court for the appointment of interim guardians/supervision, when Otutochi Wigwe, the adult daughter of Herbert and Doreen Wigwe, and the older sister of the three minors – David, Hannah, and Okachi – had already been so appointed by a court of competent jurisdiction as their legal guardian.

In this prayer, claimant/applicants sought to appeal the decision of a court of competent jurisdiction by way of an interlocutory application, instead of by way of an appeal. It is no surprise that this prayer was also resolved against the claimant/applicants. Adeyemi J. cited the case of Akinpelu v Adegbore & Ors (2008) LPELR-354 (SC) per Niki Tobi, JSC in which the Supreme Court held that “Wherever or in whatever way the table turns, this Court cannot convert a motion to an appeal…..this court has not the jurisdiction, to convert the motion before it as an appeal” to support of this position.

As for the third prayer, seeking the grant of a Norwich Pharmacal Order (NPO), the claimant/applicants failed to fulfil any of the conditions for the grant of same. An NPO is used to obtain information from a party for purposes of litigation, and if there is suspected wrongdoing, to be able to identify the culprits and/or to stop the wrongdoing.

Ordinarily, non-beneficiaries of a will have no interest in it. And, in the case of intestacy, there would be some conditions to be fulfilled. In this case, Herbert Wigwe died alongside his spouse, Doreen Wigwe and his eldest child, Chizi Wigwe, and they left four children, including one adult, Otutochi Wigwe. It was, therefore, again no surprise that this prayer also fell flat on its face.

Conclusion  
A familial relationship must confer a right or vested interest that can be protected and enforced in law. Additionally, when an individual lives his life under the law as opposed to native law and custom, customs and traditions play no role.

There is also no provision in the two major laws concerning death, that based on a familial relationship with the Testator, relatives can select Administrators different from the personal representatives selected by the Testator themselves, thereby overriding the wishes of the Testator. If such a law exists, certain conditions would have to be fulfilled before it can be ignited.

It is not the natural order of life for one to pre-decease one’s parents, so even though Herbert Wigwe’s love for his parents is undeniable and undoubted, one would not expect that they would be mentioned in his last Will and Testament, as this would be considered to be an abomination in our culture as Africans. Nevertheless, it is expected that the parents would be catered for by Herbert Wigwe’s estate.

In this matter, alternative dispute resolution, particularly mediation or amicable settlement is the best option to resolution because with litigation, only one party will emerge victorious. It is a winner takes all situation. Wisdom needs to come to play in resolving this matter.
Nwachukwu, a lawyer wrote from Lagos.