The legal battle over the estate of the late former Group Managing Director and CEO of Access Bank, Herbert Wigwe, has moved to the Court of Appeal following the Lagos State High Court?s dismissal of an application for interim reliefs.

The notice of appeal was filed and dated February 13, 2025.

On February 6, 2025, Justice A.O. Adeyemi 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 court held that the requested reliefs were too similar to those sought in the main case.

The appellants 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 cite Section 24 of the Administration of Estate Law of Lagos State, 2015, which empowers courts to appoint interim administrators where necessary.

Additionally, they challenge the reliance on a prior ex parte guardianship order, contending that it excluded the children?s grandparents without prior notice.

They maintain that their request merely sought to include them as co-guardians rather than overturn the existing order.

The claimants 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, with probate pending, certain assets remain unaccounted for and under the control of the defendants without full transparency.

During the High Court proceedings, the claimants? counsel 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, and the court ultimately heard the matter in public.

Although the hearings proceeded discreetly, the ruling?s subsequent widespread publication has drawn concern, particularly given its impact on the aged parents and minor children.

Counsel for the claimants A. O. Eghobamien SAN expressed disappointment at the unexpected media attention, which they believe has only intensified tensions.

A related suit, Pastor Shyngle Wigwe v. Independent Newspaper Ltd. (ID/12372/GCMW/2024), seeks an injunction against further media reports after a publication alleged that Pastor Wigwe sought a 20% share of the inheritance.

With the appeal now before the Court of Appeal, the claimants remain hopeful that the decision will be overturned in the interest of justice and estate transparency. The outcome could set a significant precedent in Nigerian estate administration (BusinessDay)

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