Eko Hot Blog reports that the Enugu State High Court, under the leadership of Justice A.O Onovo, has dismissed a lawsuit filed by the late Chief (Dr) Debe Odumegwu Ojukwu against the widow of the late Ikemba Nnewi, Dim Chukwemeka Odumegwu Ojukwu, Bianca Ojukwu.
The court ruled that the suit lacked merit and awarded the deceased’s will to his wife.
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Debe had approached the court questioning the validity of Ikemba’s will.
He argued that as the firt son of the late Biafra leader, his name should have been included in the will, which was not the case.
Debe further alleged that Ojukwu’s will had been tampered with and sought an order from the court to prevent Mrs. Bianca Odumegwu-Ojukwu from interfering with the administration of the late Ikemba’s estate.
He also claimed that Ojukwu had passed away without leaving a will and asserted his entitlement to the letters of administration for the late Odumegwu-Ojukwu’s estate.
Recall that Ojukwu, the Biafra leader, passed away on November 26, 2011.
In his will, his wife, Bianca, the first defendant in the case, and James Ezike, the second defendant, were named as trustees and executors of Ojukwu’s estate.
Debe filed the lawsuit in 2013, contesting the validity of the late Ojukwu’s will. He claimed to be the deceased’s first son but was not mentioned or acknowledged in the will.
The court examined two main issues: whether Debe had provided sufficient evidence to establish his status as the deceased’s son and whether the will was properly made and valid. The court also determined whether Debe and his daughters were entitled to benefit from the deceased’s estate.
Unfortunately, Debe passed away in 2018 while the case was still ongoing. However, his two daughters, Nene Grace and Obianuju Sarah, applied for substitution in the lawsuit. Despite objections from the defendant’s counsel, the court allowed their application.
After a lengthy two-hour hearing, Justice Onovo delivered the judgment.
Based on the evidence presented, the court concluded that Debe failed to prove that he was acknowledged as the biological son of the late Dim Chukwuemeka Odumegwu Ojukwu during his lifetime.
According to the Judge, “It is the prerogative of a man to recognize a child born out of wedlock as his child,” maintaining that acknowledgement of paternity could also be inferred from certain acts by a father towards a purported son, and were not evident in the instant case.
“The plaintiff had averred that he had been recognized by groups, associations and other members of society as a son of the late Dim Chukwuemeka Odumegwu-Ojukwu, but the Judge queried, “Can Public opinion be the sole basis of determining the paternity of a child born out of wedlock? I do not think so.”
The Plaintiff further contested the legitimacy of Dim Chukwuemeka Odumegwu Ojukwu’s will, pointing out certain typographical errors and discrepancies in the signatures. They sought a declaration that Dim Chukwuemeka Odumegwu Ojukwu passed away without leaving a valid will.
Upon thoroughly examining the evidence, the court concluded that the will and codicil were duly executed and legally binding. They are considered valid under the law.
On the right of the children of the Plaintiff to challenge Ojukwu’s will, the court held that “In order to have the locus to challenge the will, they must first prove that they are the grandchildren of the late Dim Chukwuemeka Odumegwu-Ojukwu, and entitled to the benefits accruing therefrom.
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“Since the plaintiff, their father, was unable to prove himself to be a son of the Dim Chukwuemeka Odumegwu Ojukwu in the suit initiated by him, then on what basis would the plaintiff’s children challenge the latter’s will?
“Having failed to prove this, they have no beneficiary interest through their father Chief (Dr) Debe Odumegwu Ojukwu, in the estate of the late Dim Chukwuemeka Odumegwu Ojukwu, and there is therefore no merit to this case,” Justice Onovo declared.
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