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The legal battle over the estate of the late former Group Managing Director and CEO of Access Bank, Herbert Wigwe, has shifted to the appellate court moved following the Lagos State High Court’s dismissal of an application for interim reliefs.
The notice of appeal bears the date of February 13, 2025.
Justice A.O. Adeyemi had on February 6, 2025, ruled against an application by Christian Wigwe and Pastor Shyngle Wigwe, Herbert’s father for the appointment of interim administrators pending the determination of the substantive suit.
The position of the court was that the requested reliefs were too similar to those sought in the main case.
Christian Wigwe and Pastor Wigwe argue that the court failed to distinguish between interim reliefs—meant to preserve the estate and provide for dependents—and the final reliefs determining the distribution of assets.
They invoke Section 24 of the Administration of Estate Law of Lagos State, 2015, which empowers courts to appoint interim administrators where necessary.
The appellants also challenge the reliance on a prior ex parte guardianship order, contending that it excluded the children’s grandparents without prior notice.
They argue that their intention is not to overturn the existing order, but to include them as co-guardians.
They also appeal the denial of a Norwich Pharmacal order, which would have compelled financial institutions, Access Bank and another financial institution to disclose Herbert Wigwe’s financial holdings.
They argue that certain assets remain unaccounted for and under the control of the defendants without full transparency, even as, probate is pending,.
During the proceedings at the High Court, the counsel to Christian and Pastor Wigwe requested that the matter be heard in chambers, citing the involvement of minor children and the need for discretion under section 128 of the Child Rights Law, 2007.
However, the defendants, including Aigboje Aig-Imoukhuede, Chris Wigwe, and Otutochi Wigwe, represented by Paul Usoro SAN, objected.
The court eventually heard the matter in public.
While the hearings proceeded without attention, the ruling of the court garnered considerable attention from the media.
Counsel for the claimants, A. O. Eghobamien SAN, was unhappy with the unexpected media attention, believing this has added to the tensions.
The next battleground now is the Court of Appeal, where the claimants hope a decision will be taken in the interest of justice and estate transparency.