Justice Christopher Balogun of a Lagos High Court, Ikeja, has ordered the Nigerian Navy to pay the entitlement and benefits of the retired late Rear Admiral Ndubuisi Kanu, a former Military Administrator of Lagos, to an interest yielding dedicated account.
The court made the order in an ongoing proceeding of a suit filed by Mrs Gladys Ndubuisi Kanu, yesterday, against her stepchildren and the Nigerian Navy over his estate.
In the suit, marked LD/3685FPM/2021, Chief Mrs Gladys is seeking to be declared as the only legal wife of the late Admiral Kanu.
The respondents in the suit are children of the deceased, Kelly Kanu, Simone Abiona (Nee Kanu), Andrey Joe-Ezigbo (nee Kanu), Paula Kanu and Karen Johnson (Nee Kanu), Jeffery Kanu, Laura Kanu, Stephen Kanu, Josephine Ndubuisi Kanu and the Nigerian Navy.
Chief Gladys also sought for an order of the court to declare that she is the only widow of the late Admiral Kanu.
She said that she and the deceased were co-habiting until his death. She stated that she was married to him for 27 years but she was with him for 31 years.
However, at the resumed hearing, Justice Balogun said the case and reliefs should be streamlined to the real issues, excluding the burial.
Mr. Tomilade Shodimu, counsel to 1st, 3rd to 9th defendants reminded the court that it had directed that all the nine pending applications be subsumed. He noted that he received application for claimant change of counsel.
Counsel for the Nigerian Navy, Mrs C.G Cirbam told court that she had filed an application before the court to remove the service from the list of defendants, since the burial of the late Kanu had been done.
Her position was opposed by the claimant’s counsel, Mr. O. Owoh, who argued that Nigerian Navy’s name cannot be struck out now, since it is still holding the entitlement of the deceased.
The court, however, granted accelerated hearing, noting that one of the wives of the deceased married under native law and customs while the other one married under Act, and has children for him. The judge said that it is guided by the law and statute that all the children are entitled to benefit from their late father’s estate.
Justice Balogun further stated that there is nothing in doubt as regards the status of the children, as according to the Adminsitration of Estates Law of Lagos State, all the 10 children were legitimate children of the deceased.
Subsequently, the court advised parties to ensure all court processes and papers are duly regularised as the proceedings would be set for trial. He therefore adjourned to February 7, 2022.
The claimant has changed counsel for the 6th time in the suit.
