Herbert Wigwe’s Estate And Will In The Eyes Of The Law BY AKPAN NWACHUKWU

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.

Since the matter has become a subject of public discourse because of its enlistment on social media, I thought that as a legal practitioner, my perspectives will help guide the public away from social media disinformation.

“As a legal practitioner, my perspectives will help guide the public away from social media disinformation”

Unfortunately, the matter has caused tension and emotions to raise, but the law remains stable and solid in its position on every matter, including this very one. There had been similar cases in the past, which we could draw insights and facts from. It is important to know that even with the splendor of ingenuity, which is a major hallmark of legal practice, precedence is the most reliable compass of the law.

I became more persuaded to share my thoughts on this matter after reading the court ruling and the very brilliant piece by Onikepo Braithwaite in ThisDay of Monday, February 24, 2025. The detailed, well-researched, and insightful piece titled ‘Herbert Wigwe: Between Familial Relationships and Inheritance Laws’ is not just a masterpiece, but a resource that must be photocopied and laminated by everyone for regular consultation.

As a parent, I feel obliged to speak up for the orphaned children of late Herbert Wigwe, whose inheritance seemed to be at risk because of family ties. With the cases cited in the ThisDay article by Onikepo Braithwaite, I am almost certain that the law will protect the children through precedence, but I weep for the kids amongst them because their innocence could not allow them to recognize the danger lurking around in the appearances of family members.

“In this matter, alternative dispute resolution, particularly mediation or amicable settlement is the best option, because with litigation, only one party will emerge victorious. It is a winner-takes-all situation”

Rather than comforting them for losing their beloved parents too early in life, their father’s family would seem determined to pull off the rug that should soothe their tiny feet from the hotness of the ground.

So far, with the actions of the meddlesome interlopers in their inheritance and the determination to deliberately abuse the court process in pursuing an unjust case, no one will likely protect Herbert Wigwe’s children from prickles on the field of life within their father’s household.

Perspectives on the Law on Estate Administration
It is important to highlight the two situations that could possibly arise upon the death of an individual in the context of the Law on Estate Administration. On this subject, Onikepo Braithwaite already did the heavy lifting, so her 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 it the right conditions are met, a will made outside Nigeria, can also be valid in Nigeria.

“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”

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.

The matter in context
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.

The 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.

The law is not with the claimants – Pastor Shyngle Wigwe and Christian – because the motion was ridiculous, and not thought through. The whole exercise was an abuse of court process because 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 in her excellent and insightful piece, the appropriate thing that should be done 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”. Without any doubt, the case at hand is like the cited cases.

The Judge also pointed out 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, what the claimant/applicants sought to do amounts to seeking 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.

Firstly, the claimant/applicants adduced no prima facie evidence of wrongdoing against the respondents, a precondition that could warrant the grant of an NPO. A claim that someone is manipulated by another is neither here nor there and holds no water in law. What the law recognises is duress, force, trick and fraud, and this allegation must be proven. See Okon v State (2021) LPELR-53308 (CA) per Mojeed Adekunle Owoade, JCA; Saidu v State (1982) LPELR-2977(SC) per Andrews Otutu Obaseki, JSC.

Secondly, the claimant/applicants, not being beneficiaries under the will of late Herbert Wigwe, with all due respect, for want of a better description, they may be what is referred to in law as ‘meddlesome interlopers’, that is, uninvited participants interfering in something that doesn’t concern them. See the case of Daniel v INEC & Ors (2015) LPELR-24566(SC) per Olabode Rhodes-Vivour, JSC on the definition of a meddlesome interloper, with regard to political party primaries – a candidate who did not participate in the primaries, with no real interest in it.

“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”

Similarly, non-beneficiaries of a will, have no interest in it. And, in the case of intestacy, there would be some conditions to be fulfilled, before the 2nd claimant/applicant could have an interest in Herbert Wigwe’s estate – no spouse, no children; or spouse and no children. 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
While the 1st claimant/applicant, Christian Wigwe may be Herbert Wigwe’s cousin, and the 2nd claimant/applicant, Pastor Shyngle Wigwe is Herbert Wigwe’s father and the 90-year-old patriarch of the Wigwe family, their familial relationships do not appear to endow them with the locus standi to have brought this application, particularly as Herbert’s wishes as to his personal representatives, trustees and bequests have been clearly stated.

Mere assertion of a familial relationship without more does not suffice in this case. The relationship must confer a right or vested interest that can be protected and enforced in law. Additionally, when an individual lives their life under the law as opposed to native law and custom as Herbert Wigwe did, customs and traditions play no role.

There is also no provision in the two major laws concerning death that cited above, 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.

In fact, if such a law exists, undoubtedly, certain conditions would have to be fulfilled before it can be ignited. For example, maybe if the representatives selected by the Testator are incapacitated, maybe mentally unstable, or it is proven that they are bleeding the deceased’s estate dry.

In respect of Uche Wigwe and Aigboje Aig-Imoukhuede, no evidence was adduced by the claimant/applicants against them in this regard. It is trite law that, he who alleges must prove. See the case of Aderounmu & Anor v Olowu (2000) LPELR-141(SC) per Emmanuel Olayinka Ayoola, JSC on the burden of proof.

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, because with litigation, only one party will emerge victorious. It is a winner-takes-all situation. The law is already signaling the direction things will go. Wisdom needs to come to play in resolving this matter.

 

Barr. Akpan Nwachukwu writes from Lagos