The legal dispute over the estate of the late Herbert Wigwe, former Group Managing Director and CEO of Access Bank, has moved to the Court of Appeal following a ruling by the Lagos High Court.
Pastor Shyngle Wigwe (the late banker’s father) and Christian Wigwe (his cousin) are challenging the decision made by Justice Olayinka Adeyemi on February 6, 2025.
They argue that the judge erred in rejecting their request for interim reliefs while the main lawsuit is being resolved.
In their notice of appeal dated February 13, the appellants outlined ten reasons for contesting the ruling.
Central to their argument is the claim that the trial judge wrongly concluded that the reliefs requested in their application were the same as those sought in the main case.
They emphasize that the interim reliefs were meant to protect the estate and safeguard the well-being of the late Wigwe’s minor children while the dispute over his Will is resolved, while the final relief sought was related to the distribution of the estate.
They argue that:
– Denying the interim reliefs left the estate unprotected, risking its potential loss before a final judgment.
– The trial court failed to appoint interim administrators, despite acknowledging the dispute over the Will’s validity, which they claim violates Section 24(1) of the Administration of Estates Law of Lagos State, 1959. This section allows the court to appoint administrators if there is a dispute about a Will’s validity.
– The failure to appoint interim guardians for the deceased’s minor children deprived the grandparents of any role in their care and well-being, even temporarily.
Additionally, the appellants note that a magistrate court had granted full guardianship of the minor children to their eldest sibling, Otutochi Wigwe, without informing the grandparents.
They clarify that their application is not to overturn the magistrate’s decision but to include the grandparents as co-guardians to ensure the children’s welfare.
