An appeal has been filed challenging a ruling by the Lagos State High Court in the ongoing legal dispute over the estate of the late former Group Managing Director and Chief Executive Officer of Access Bank, Herbert Wigwe.
The appellants, Pastor Shyngle Wigwe (the late banker’s father) and Christian Wigwe (his cousin), are contesting the decision made on February 6, 2025, by Justice Olayinka Adeyemi.
Arguments and grounds for appeal
The appellants argued that the trial judge erred in refusing their request for interim relief pending the resolution of the substantive suit.
In a notice of appeal dated February 13, 2025, they pointed out 10 grounds for contesting the ruling. They contended that the trial judge wrongly held that the reliefs sought in the interlocutory application were identical or similar to those in the main suit.
According to the appellants, the interim reliefs were intended to preserve the estate and ensure the welfare of the late Wigwe’s minor children until the dispute over his will is settled, whereas the final relief sought was to grant administration for the distribution of the assets.
Concerns over estate preservation and guardianship
The appellants further claimed, “The refusal to grant preservative reliefs has left the estate vulnerable to potential dissipation before a final decision is made.”
They argued that the trial court failed to appoint interim administrators, despite acknowledging the dispute over the validity of the will, thus violating Section 24(1) of the Administration of Estates Law of Lagos State, 1959.
Additionally, they expressed concerns over the failure to appoint interim guardians for the deceased’s minor children, depriving the grandparents of the opportunity to temporarily participate in their care and welfare.
The appellants also noted that a previous decision by a magistrates’ court, which granted 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 magistrates’ decision but to ensure the grandparents are included as co-guardians to support the children’s well-being.
