COLUMN
Dissecting the Legal Battle Over Herbert Wigwe’s Estate and Inheritance
By Sunday Babatunde
The recent ruling by Hon. Justice Adeyemi of the Ikeja High Court (Family & Probate) in the estate administration case of the late Herbert Onyewumbu Wigwe has drawn significant attention, especially on social media.
The case, Suit No. ID/7735FPM/2024, was initiated by Christian Wigwe and Pastor Shyngle Wigwe against Uche Wigwe, Aigboje Aig-Imoukhuede, and Otutochi Wigwe. The ruling sheds light on crucial aspects of inheritance laws in Nigeria and the validity of wills and estate planning instruments.
In estate law, two primary scenarios arise upon an individual’s death: testacy (where the deceased leaves a will) and intestacy (where no will exists). The Wills Law of Lagos State 2004 (WL) governs the execution of valid wills, requiring that a will be in writing, signed by the testator in the presence of at least two witnesses, and voluntarily made by a person of sound mind.
Conversely, when an individual dies intestate, the Administration of Estates Law of Lagos State (AEL) 2015 dictates the distribution of assets. Section 46 of the AEL outlines the hierarchy of inheritance, prioritizing the spouse and children of the deceased over other relatives. The ruling in Salubi v Nwariaku (2003) reaffirmed this order, emphasizing that inheritance rights are not merely based on biological relationships but on legal provisions and the testator’s expressed wishes.
Herbert Wigwe’s will, executed outside Nigeria, was submitted for probate in Nigeria. The document named three individuals in alternative capacities as personal representatives and trustees, including his wife, Doreen Wigwe, his cousin Uche Wigwe, and Aigboje Aig-Imoukhuede.
The motion filed by the claimants sought three primary reliefs: Appointment of interim administrators; Appointment of interim guardians/supervisors for the estate and granting a Norwich Pharmacal Order (NPO) to obtain information related to the estate’s management.
Justice Adeyemi denied all three prayers, citing legal precedents that prevent courts from deciding substantive issues at the interlocutory stage. The court referenced Shanu v Afribank (Nig) Plc (2002), reinforcing that such applications should not preempt the full trial process.
For Interim Administrators and Guardianship, one of the primary issues before the court was the appointment of interim administrators. The court observed that the claimants’ prayers for interim administration closely mirrored the substantive claims in the suit, rendering the application procedurally flawed.
The court emphasized that substantive issues should be determined at trial rather than through interlocutory applications. Additionally, the court dismissed the claim for further guardianship oversight, noting that Otutochi Wigwe, the adult daughter of the deceased, had already been lawfully appointed as the guardian of her minor siblings.
In the request for Norwich Pharmacal Order (NPO), a legal mechanism used to obtain information in cases of suspected wrongdoing, the court said the claimants failed to provide prima facie evidence of fraud, financial mismanagement, or coercion by the estate’s administrators.
Under Nigerian law, an NPO requires clear proof of suspected fraud, duress, or financial malpractice. Since the claimants merely made allegations without supporting evidence, the court found no justification for granting such an order.
The Inheritance Rights and Familial Relationships is a major contention in the case was the claimants’ assertion of inheritance rights based on close familial relationships with Herbert Wigwe.
Pastor Shyngle Wigwe, the father of the deceased, and Christian Wigwe, a cousin, sought to assert a role in estate administration. However, the court reaffirmed that inheritance and estate administration are governed by statutory provisions and the expressed wishes of the testator, not simply biological ties. The ruling upheld that only legally recognized beneficiaries, such as the spouse and children, hold enforceable claims to the estate.
The ruling in the Wigwe case underscores the necessity of clear estate planning and adherence to legal processes. It also highlights the judiciary’s role in preventing legal maneuvers that could derail proper estate administration.
As the case progresses, alternative dispute resolution mechanisms such as mediation may offer a more amicable path for the family. Litigation, while legally binding, often deepens familial divides. This case serves as a vital lesson in estate planning, reinforcing that the execution of wills and trusts should be meticulously structured to avoid prolonged legal battles.
For now, the court’s decision stands as a reaffirmation of the primacy of legal wills and the structured hierarchy of inheritance in Nigerian law
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COLUMN
The Trump Challenge and a call for patriotic voices
In an age when the lines between truth and falsehood are getting increasingly blurred, I was nonplussed when President Trump labelled Nigeria a Country of Particular Concern on October 31. My incredulity was heightened given that his action stemmed from unproven allegations of genocide against Christians. Was it another deepfake facilitated through AI or simply a case of mistaken identity?
I was of the view that President Trump might have actually meant another country, and not Nigeria. He had, after all, adopted a similar approach in December 2020, which proved quite unsuccessful. President Biden, who succeeded him in office, rightly removed the designation barely a year later, in November 2021, convinced, as most had been, that Trump’s action was based on unverified allegations.
The US President has since doubled down on the labelling, threatening to take military action against Nigeria’s Islamists and terrorists. My scepticism derived from the premise that the facts on the ground, indeed the Nigerian situation, do not align with what can be termed a Christian genocide or genocide of any sort, as exemplified in the recent Israeli massacre of Palestinian people, including children.
It is thus not surprising that top Nigerian government functionaries – from Foreign Affairs Minister Yusuf Tuggah and Minister of Information and National Orientation Idris Mohammed, as well as most commentators – have already debunked the claim of Christian genocide or wholly Christian killings in Nigeria. The country may still be having some security issues to contend with; however, they argue that there are no targeted killings of Christians, let alone a Christian genocide.
Indeed, a recent investigative report by the BBC Global Disinformation Unit has picked holes in the threadbare claims of a “Christian genocide” in Nigeria. In very stark details, the report highlights how the International Society for Civil Liberties and Rule of Law (Intersociety) and allied Igbo ethnic advocacy and pro-Biafra groups circulated inflated figures and unverified narratives.
Titled “Are Christians Being Persecuted in Nigeria as Trump Claims?” the report was authored by Olaronke Alo and Chiamaka Enendu of the BBC Global Disinformation Unit, along with a Lagos-based journalist, Ijeoma Ndukwe. The writers examined the origins and veracity of claims that over 125,000 Christians had been killed and 19,000 churches burned down in Nigeria since 2009.
Apparently driven by some ulterior motive, when contacted by the BBC, Intersociety, which first disseminated the allegation of Christian killings, failed to provide enumerated data or verifiable sources to substantiate its claims and demonstrate the integrity of the figures and their conclusions. Instead, the organisation accused the BBC of being politically compromised. Unfortunately, these unreliable data cobbled by Intersociety were the exact figures cited by the Conservative Media in the US, and prominent politicians like Senator Ted Cruz and Congressman Riley Moore. Sadly, these same figures were what President Trump relied upon in his designation of Nigeria as a CPC.
The point is: there is no Christian persecution or mass killings in Nigeria. There are no state-sanctioned killings of Christians. The state does not condone it, as Nigeria has no state religion. President Bola Tinubu is a moderate Muslim who allows religious freedom in his household. He is not a religious fundamentalist. A man who so liberally allows religious freedom in his household cannot conceivably turn around and disallow the same in the larger society.
Beyond that, however, and that piece of good journalism and useful revelation by the BBC, which laid bare the claim of Nigerian Christian genocide, the CPC labelling nonetheless offers a useful cautionary tale in crisis management. And this is why the government’s response to the challenge has been subtle and restrained. It is indeed the right thing to do, given the threat that it represents – albeit for the wrong reason.
It may sound paradoxical, but the best way to prove that an argument proceeds from a false premise is by continually pointing out the falsehood therefrom. It’s truly heart-warming that the government has continued to navigate the present critical situation carefully, handling the matter diplomatically and laying out the facts and proper position of things to President Trump, the US Conservative Media, the evangelicals and politicians. That way, they can see their mistake and make informed decisions.
The ongoing momentum of the reforms undertaken by President Tinubu, which has engendered economic recovery, a slowdown in inflation, naira stability, and the gradual return of investors, must be maintained and carefully nurtured so that no development endangers it. The government must continue to stay on course. Remarkably, despite some fluctuations in the naira exchange rate over the past few days, the global investor confidence in the growing positive prospects of the Nigerian economy has remained on the rise. This is evident in the oversubscription of the country’s $2.3 billion eurobond last week.
Reacting to the development, last Thursday, during the Federal Executive Council meeting in Abuja, as he inaugurated two new ministers appointed to fill the cabinet vacancies, President Tinubu disclosed that the Federal Government was engaging diplomatically with the world on the issue.
“The most important thing is the fact that despite the political headwinds and the fear of our people, we will continue to engage with partners. The success of the $2.3 billion eurobond, which investors oversubscribed by 400%, is the most reassuring. So, the task ahead is immense; we are engaging the world diplomatically, and we assure all of you that we will defeat terrorism in this country.”
With the recent rejig of the nation’s military and security apparatus, following the appointment of new service chiefs and a reshuffle within the intelligence circle, the battle against terrorism, banditry, and violent crimes will be reinvigorated. President Tinubu implored Nigerians not to succumb to despair, assuring that the government would defeat every form of terrorism and secure every part of the country.
“Do we have problems? Yes. Are we challenged by terrorism? Yes. But we will defeat terrorism. We will overcome the CPC designation. Nigeria is one happy family, and we shall spare no effort until we eliminate all criminals from our society. We want our friends to help us as we step up our fight against terrorism, and we will eliminate it,” he said.
What the nation requires now are patriotic voices. Our leaders must stand up to be counted, while politicians, too, must drop their divisive togas and don the patriotic cap in defence of the country. The present challenge is neither about Nigerian Christians nor about the war against terrorists. There are clearly some other underlying motives. The US President cannot possibly love Nigeria more than the people of Nigeria. Former Kano State governor and National Leader of the Nigeria National Peoples Party, Senator Rabiu Musa Kwankwaso, and former Foreign Affairs Minister and ex-Jigawa State governor, who is also a top chieftain of the opposition Peoples Democratic Party, Alhaji Sule Lamido, have seen through this unfair designation and have led the way in this direction.
More Nigerian leaders need to speak up as statesmen. By presenting the facts to President Trump and the international community in a convincing and non-adversarial manner, we must demonstrate that we are not a disgraced people and that Nigeria is by no means a “disgraced country.”
In all of this, though, we mustn’t fail to note the befuddling silence in the typically voluble quarters of our political space. So, it is fitting to ask: Where are former President Olusegun Obasanjo and his former deputy and defeated PDP 2023 presidential candidate, Alhaji Atiku Abubakar, who is preparing for another presidential run in 2027, at this critical moment?
-Rahman is Senior Special Assistant to the President on Media & Special Duties.
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COLUMN
Interrogating Nigeria’s efforts against terrorism
“The precision strikes, coupled with enhanced battlefield awareness provided by the theatre’s Intelligence, Surveillance and Reconnaissance (ISR) assets, gave troops additional leverage and impetus to respond with overwhelming and lethal force,” —
Lieutenant Colonel Sani Uba, Spokesperson of the Joint Task Force North East Operation HADIN KAI (OPHK).
This was after Nigerian troops killed over 50 Boko Haram terrorists in a daring encounter in Borno State in October.
The battle was fierce as the death-dealers had forged themselves into a formidable number, but our troops overwhelmed them.
In the past eight months, the Nigerian military has dispatched over 592 terrorists in Borno State alone. In August, the military intercepted and killed, in one fell swoop, over 400 armed marauders who had converged to attack a village in Zamfara State.
Also, in August, top leaders of Ansaru terrorist group were arrested, and are currently undergoing prosecution.
Other successes have been recorded in the war against terrorism in the past two years across the North-West, North-East, and South-East.
Within this period, the number of terrorism-related deaths plummeted from 2,600 per month to less than 200. In March, the Global Terrorism Index reported that terrorist attacks were at their lowest in over a decade in Nigeria.
Over 10,000 victims of kidnapping in Zamfara, Sokoto, Kaduna, Katsina, Taraba, Adamawa, and many other states have been released.
With a combination of kinetic and non-kinetic measures, attacks in the South-East have been reduced by almost 80% while over 1,000 kidnap victims have been rescued without ransom payment.
There is increased security presence across vulnerable border communities, firming up protection in all parts of our nation, as well as enhanced strategic partnerships with our neighbours on counter-terrorism.
In addition, there are stringent efforts in curtailling access to small arms and light weapons by non-state actors. Security agencies recovered and destroyed over 5,000 military-grade rifles and intercepted over 20 gun-running networks in the past months.
The Tinubu administration has also intensified interagency collaboration and capacity building among state actors to ensure definitive success in the fight against insecurity.
The administration has made multi-million-dollar investments in modernised equipment for the nation’s security agencies and increased the defence and security budget.
The Office of the National Security Adviser also launched the Strategic Communication Interagency Policy Committee (SCIPC) for a strategic approach to engaging with the public and countering disinformation.
The list is not exhaustive, but the administration, in full apprehension of the foremost responsibility of government, which is ensuring the safety and security of all citizens, has remained committed to this end.
At the decoration of the newly-appointed service chiefs a few days ago, President Bola Tinubu gave them their marching orders. He said: “We cannot allow the crisis that began in 2009 to persist any longer. I charge you, as the heads of our nation’s armed forces, to carry out your duties with patriotic zeal. Nigerians expect results, not excuses. I also urge you to be innovative, pre-emptive, and courageous. Let’s stay ahead of those who seek to threaten our peace. Let us deploy technology where necessary. Security threats are constantly evolving and mutating. Of grave concern to our administration is the recent emergence of new armed groups in the North-Central, North-West, and parts of the South. We must not allow these new threats to fester. We must be decisive and proactive. Let us smash the new snakes right at the head.”
Evidently, he saw tomorrow, and his administration remains ever faithful to its bounden purpose of securing our nation and its peoples.
-Nwabufo is Senior Special Assistant to the President on Public Engagement
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COLUMN
Preventing Coups in Nigeria through Confederation
By Dr. Dele Oluwatade
The recent rumoured coup attempt in Nigeria in October 2025 underscores the pressing need for a fundamental shift in the nation’s governmental structure to prevent future coups. Adopting a confederation system would be a viable solution, making it extremely challenging for any single group to seize control of the entire country.
Nigeria’s current unitary system, coupled with a half-hearted presidential structure, remains vulnerable to both political and military coups. The absence of a simultaneous approach to problem-solving has exacerbated the nation’s challenges. The recent coup attempt can be attributed to legislative and executive sluggishness in addressing terrorism and insecurity.
President Tinubu’s task is reminiscent of Esther’s biblical mission (“If I perish, I perish”), highlighting the urgent need to rescue Nigeria’s diverse nationalities from Fulani hostilities without delay. This is as crucial as implementing economic reforms. The lack of parallel political reforms has exposed the nation to political and military opportunists.
In a confederation system, the likelihood of a successful coup would be significantly reduced. With at least four autonomous states, it’s likely that some would reject such an attempt, thereby preventing a single group from dominating the entire country.
To address this issue, the following steps become essential:
Constitutional Review: The National Assembly should review and consider implementing a confederation system for Nigeria before the end of 2025.
Prioritizing Political Reforms: The government should prioritize political reforms to support ongoing economic reforms.
Developing a Confederation Model: Nigerian strategists and political experts should develop a suitable confederation model that would prevent both political and military coups, making it difficult for any group to take over the six autonomous confederation republics.
Dr. Dele Oluwatade
Former National President, Christian Association of Nigeria ( YOUTH-CAN).
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