•Late Herbert Wigwe
The legal dispute over the estate of the late former Group Managing Director and CEO of Access Bank, Herbert Wigwe, has escalated to the Court of Appeal following a ruling by the Lagos High Court.
The appellants, Pastor Shyngle Wigwe (the late banker’s father) and Christian Wigwe (his cousin), have challenged the decision delivered on February 6, 2025, by Justice Olayinka Adeyemi, reports Channels TV.
They argue that the judge erred in declining their request for interim reliefs pending the determination of the substantive suit.
Grounds for Appeal
In a notice of appeal dated February 13, the appellants outlined ten grounds for contesting the ruling.
Central to their argument is the claim that the trial judge mistakenly held that the reliefs sought in the interlocutory application were identical or similar to those in the substantive suit.
According to them, the interim reliefs were solely aimed at preserving the estate and ensuring the welfare of the late Wigwe’s minor children pending the resolution of the dispute over his Will.
On the contrary, the final relief was to grant administration for the distribution of the asset. The Appellants contend that there is a fundamental difference between preservation and inheritance.
They contend that:
• The refusal to grant preservative reliefs has left the estate unprotected, exposing it to potential dissipation before a final decision is reached.
• The trial court failed to appoint interim administrators, despite acknowledging that the Will’s validity is in dispute, thereby violating Section 24(1) of the Administration of Estates Law of Lagos State, 1959. The section provides that if there is a dispute over the validity of a will, the court may appoint administrators to manage and protect the estate
• The 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 if temporarily.
Furthermore, the appellants argue that an earlier decision of a magistrate court granting 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 magistrate’s ruling but to include the grandparents as co-guardians to ensure the children’s welfare.
