Esther
The legal battle over the estate of Herbert Wigwe, the late former Group Managing Director and CEO of Access Bank, has taken a new turn as an appeal has been filed to challenge a ruling by the Lagos State High Court. The appellants, Pastor Shyngle Wigwe (Herbert’s father) and Christian Wigwe (his cousin), are contesting the decision made by Justice Olayinka Adeyemi on February 6, 2025.
At the heart of the dispute is the trial judge’s refusal to grant interim relief pending the resolution of the substantive suit. The appellants argue that this decision has left the estate vulnerable to potential dissipation before a final decision is made. They also claim that the trial court failed to appoint interim administrators, despite acknowledging the dispute over the validity of the Will, thus violating Section 24(1) of the Administration of Estates Law of Lagos State, 1959 .
In a notice of appeal dated February 13, 2025, the appellants pointed out 10 grounds for contesting the ruling. They argued that the trial judge wrongly held that the reliefs sought in the interlocutory application were identical or similar to those in the main suit. According to the appellants, the interim reliefs were solely intended to preserve the estate and ensure the welfare of Herbert Wigwe’s minor children until the dispute over his Will is settled.
The appellants maintained that there is a crucial difference between preservation and inheritance. They argued that the refusal to grant preservative reliefs has left the estate vulnerable, and that the trial court’s failure to appoint interim guardians for the deceased’s minor children deprived the grandparents of the opportunity to temporarily participate in their care and welfare.
As stated in the notice of appeal, “The refusal to grant preservative reliefs has left the estate vulnerable to potential dissipation before a final decision is made. The trial court failed to appoint interim administrators, despite acknowledging the dispute over the validity of the Will… The failure to appoint interim guardians for the deceased’s minor children deprived the grandparents of the opportunity to temporarily participate in their care and welfare.”
Additionally, the appellants argued that a previous decision by a magistrates’ court, which granted 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 magistrates’ decision but to ensure the grandparents are included as co-guardians to support the children’s well-being .
The appeal has now been filed, and the Court of Appeal will review the case. The outcome could set a significant precedent in Nigerian estate administration .
