Justice A.O. Adeyemi of the Lagos State High Court Family/Probate Court in Ikeja has dismissed an application filed by Christian Wigwe and Pastor Shyngle Wigwe, seeking the appointment of interim administrators for the estate of the late Herbert Wigwe, the former Group Managing Director and CEO of Access Bank.
In a ruling delivered on February 6, 2025, the court addressed all the issues raised by the applicants and found their claims to be unsustainable.
The applicants, Christian Wigwe and Pastor Shyngle Wigwe, had filed suit number ID/7735FPM/2024 against Access Bank Plc, Coronation Merchant Bank Ltd, and United Securities Ltd.
The suit also named Uche Wigwe, Aigboje A.I.G. Imoukhuede, and Miss Otutochi Channel Wigwe as defendants under an order dated November 18, 2024.
The claimants sought an order for the appointment of Otutochi Wigwe, Uche Wigwe, Shyngle Wigwe, and two professional entities—Zedra Trust Company (Isle of Man), a subsidiary of Zedra Corporate Solutions UK Limited (International Professional), and PricewaterhouseCoopers Limited (Local Professional)—as interim administrators for Herbert Wigwe’s estate, pending the resolution of the substantive suit.
Additionally, the applicants requested an order placing Herbert Wigwe’s minor children (Chituru David Wigwe, Wegu & Hannah Wigwe, and Okachi Great Wigwe) under the joint guardianship of Otutochi Wigwe, Uche Wigwe, Emeka Wigwe, Shyngle Wigwe, and the two professional entities, with Shyngle Wigwe overseeing their welfare.
The claimants also sought authorization for the interim administrators to maintain the welfare of Herbert Wigwe’s dependents, liaise with third parties regarding financial or property interests, submit monthly reports to the court, and obtain full disclosure from Access Bank Plc, Coronation Merchant Bank Ltd, and United Securities Ltd about shares or financial interests held on behalf of the deceased.
After hearing submissions from both parties, Justice Adeyemi ruled that the claimants were not entitled to the reliefs sought.
Justice Adeyemi explained, “The Court has considered the submissions of the learned Senior Counsel for the parties, and the issue at hand is whether the Claimants/Applicants are entitled to the reliefs sought before this Honourable Court.”
Referring to Section 24(1) of the Administration of Estate Law, Laws of Lagos State, 2015, the court noted that it has the power to appoint an administrator pendente lite for a deceased person’s estate when there is a legal proceeding regarding the validity of the will or related matters.
However, the court found that the claims made by the applicants were identical to those in the substantive suit. The request for interim administrators and guardians, along with other related reliefs, formed part of the substantive suit. Therefore, it was inappropriate for the court to rule on these matters at the interlocutory stage.
Furthermore, the court referenced an existing judgment from a court of competent jurisdiction, which had already appointed the third defendant as the legal guardian of the deceased’s minor children. Since no appeal had been filed against this judgment, the court held that it could not review it at the interlocutory stage.
Justice Adeyemi concluded that the applications for interim administrators and guardians were part of the substantive claims and could not be considered at this stage.
The judge remarked, “The contention of Learned Senior Counsel for the Claimants/Applicants, that the issues involved in this suit may lead to a protracted trial, is not only unfounded but also preemptive. The court has already granted an accelerated hearing for this case, as evidenced by the shortened timelines for the parties.”
Justice Adeyemi encouraged the learned counsel to ensure that the case is not unnecessarily delayed, particularly in the best interest of the minor children involved.
“The issue raised is therefore resolved against the applicants. Consequently, the application dated November 28, 2024, is dismissed as unsustainable.”
