- Herbert Wigwe’s Estate Dispute Moves to Court of Appeal
- Family Challenges Lagos High Court Ruling on Wigwe’s Estate
- Legal Battle Intensifies Over Late Banker’s Will and Asset Management
The legal battle over the estate of the late former Group Managing Director and CEO of Access Bank, Herbert Wigwe, has advanced to the Court of Appeal following a ruling by the Lagos High Court.
EKO HOT BLOG reports that the appellants, Pastor Shyngle Wigwe, the late banker’s father, and Christian Wigwe, his cousin, have contested the decision delivered on February 6, 2025, by Justice Olayinka Adeyemi.
They argue that the judge erred in rejecting their request for interim reliefs pending the determination of the substantive suit.
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In a notice of appeal dated February 13, the appellants outlined ten grounds for challenging the ruling. They contend that the trial judge mistakenly concluded that the reliefs sought in their interlocutory application were identical to those in the substantive suit.
According to them, the interim reliefs were intended solely to preserve the estate and ensure the welfare of the late Wigwe’s minor children pending the resolution of the dispute over his Will, whereas the final relief sought in the main case was to grant administration for the distribution of the assets.
They maintain that there is a fundamental distinction between preservation and inheritance.
The appellants argue that the refusal to grant preservative reliefs has left the estate unprotected, exposing it to potential dissipation before a final judgment. They also claim that the trial court failed to appoint interim administrators despite acknowledging that the Will’s validity was in dispute, which they believe violates Section 24(1) of the Administration of Estates Law of Lagos State, 1959.
This provision states that when a Will’s validity is contested, the court may appoint administrators to manage and safeguard the estate. Furthermore, they assert that the trial court’s failure to appoint interim guardians for the deceased’s minor children deprived the grandparents of the opportunity to participate in their care and well-being, even temporarily.
The appellants further challenge an earlier decision by a magistrate court granting full guardianship of the minor children to their eldest sibling, Otutochi Wigwe, 25, arguing that it was made without prior notice to the grandparents.
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However, they clarified that their application was not intended to overturn the magistrate’s ruling but rather to include the grandparents as co-guardians to ensure the children’s welfare.
With the case now before the Court of Appeal, the appellants seek a reconsideration of the lower court’s decision, emphasizing the need to protect the estate and the interests of the late banker’s minor children.
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