An application filed by the late Herbert Wigwe’s cousin Christian Wigwe and Pastor Shyngle Wigwe, (Herbert Wigwe’s father) seeking the appointment of interim administrators for the estate of the late Herbert Wigwe, former Group Managing Director and Chief Executive Officer of Access Bank, has been dismissed by the Lagos State High Court Family/Probate Court in Ikeja.
Justice A.O. Adeyemi, in a ruling delivered on February 6, 2025, resolved all the issues raised by the applicants and found their claims to be unsustainable.
The applicants, Christian Wigwe and Pastor Shyngle Wigwe had 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, are 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.
Also, the applicants requested an order placing Herbert 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.
They also sought authorization for the interim administrators to maintain and ensure the 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 concerning shares or financial interests held on behalf of the deceased.
After hearing submissions from both parties, the court found that the claims by the applicants were essentially the same as those in the substantive suit, making it inappropriate to rule on them at the interlocutory stage.
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.”
Citing Section 24(1) of the Administration of Estate Law, Laws of Lagos State, 2015, the court noted that it has the power to appoint an administrator pendente lite for the estate of a deceased person where there is 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, was part of the substantive suit, making it inappropriate for the court to rule on these 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.
The judge held that since there was no appeal pending regarding this judgment, 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 court held, “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.”
Justice Adeyemi concluded that the applications for interim administrators and guardians were part of the substantive claims and could not be considered at this stage.
The judge said, “The contention of Learned Senior Counsel for the Claimants/Applicants that the issues involved in this suit may lead to a protracted trial is not only unfounded but also preemptive. The court has already granted an accelerated hearing for this case, as evidenced by the shortened timelines for the parties.”
Justice Adeyemi encouraged the learned counsel to ensure that the case was not unnecessarily delayed, particularly in the best interest of the minor children involved.
“The issue raised is therefore resolved against the applicants. Consequently, the application dated November 28, 2024, is dismissed as unsustainable,” the judge held.(Punch)
