The legal dispute over Herbert Wigwe’s estate has escalated to the Court of Appeal following a Lagos High Court ruling. The appellants, Pastor Shyngle Wigwe (the late banker’s father) and Christian Wigwe (his cousin), are contesting the February 6, 2025, decision by Justice Olayinka Adeyemi, claiming the judge erred in denying their request for interim reliefs while the substantive suit is pending.
In a notice of appeal dated February 13, the appellants highlighted ten grounds for their challenge, arguing that the judge mistakenly equated their interlocutory application with the substantive suit. They assert that the interim reliefs were intended solely to preserve the estate and safeguard the welfare of Wigwe’s minor children until the validity of his Will is resolved, while the final relief pertains to the distribution of assets. They emphasize the key distinction between preservation and inheritance.
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Their main arguments include:
- The refusal of preservative reliefs has left the estate vulnerable to dissipation before a final ruling.
- The trial court’s failure to appoint interim administrators, despite recognizing the dispute over the Will’s validity, violated Section 24(1) of the Administration of Estates Law of Lagos State, 1959, which allows for such appointments in disputed cases.
- The lack of interim guardians for the deceased’s minor children prevented the grandparents from participating in their care, even temporarily.
Additionally, the appellants point out that a previous magistrate court decision granted full guardianship of Herbert Wigwe’s minor children of to their eldest sibling, Otutochi Wigwe, without notifying the grandparents. They clarified that their application seeks not to overturn this ruling but to include the grandparents as co-guardians to ensure the children’s well-being.
