Following a ruling by the Lagos High Court, the legal dispute over the estate of the late former Group Managing Director and CEO of Access Bank, Herbert Wigwe, has escalated to the Court of Appeal.
The appellants, Pastor Shyngle Wigwe (the late banker’s father) and Christian Wigwe (his cousin), have challenged Justice Olayinka Adeyemi’s decision dated February 6, 2025.
They believe that the judge erred in dismissing their request for temporary relief pending the outcome of the substantive dispute.
In a notice of appeal filed February 13, the appellants stated ten reasons for opposing the verdict.
The central point of their argument is that the trial judge erred in ruling that the reliefs sought in the interlocutory application were identical or similar to those sought in the main complaint.
According to them, the interim reliefs were merely intended to preserve the estate and ensure the well-being of the late Wigwe’s minor children while the will issue was being resolved.
On the contrary, the final relief was to grant administration for the distribution of the asset. The appellants contend that there is a fundamental difference between preservation and inheritance.
They contend that the refusal to grant preservative reliefs has left the estate unprotected, exposing it to potential dissipation before a final decision is reached.
Also, they pointed out that the trial court failed to appoint interim administrators, despite acknowledging that the will’s validity is in dispute, thereby violating Section 24(1) of the Administration of Estates Law of Lagos State, 1959. The section provides that if there is a dispute over the validity of a will, the court may appoint administrators to manage and protect the estate
“The failure to appoint interim guardians for the deceased’s minor children deprived the grandparents of the opportunity to participate in their care and well-being even if temporarily.”.
Furthermore, the appellants argue that an earlier decision of a magistrate court granting full guardianship of the minor children to their eldest sibling, Otutochi Wigwe, 25, was made without notice to the grandparents.
They clarified that their application was not to overturn the magistrate’s ruling but to include the grandparents as co-guardians to ensure the children’s welfare.
