A Lagos State High Court in Ikeja has dismissed an application by Christian Wigwe and Pastor Shyngle Wigwe seeking to appoint interim administrators and guardians for the estate of the late former Group Managing Director and CEO of Access Bank, Herbert Wigwe.
Justice A.O. Adeyemi, in a ruling delivered on February 6, 2025, held that the applicants’ claims were unsustainable and should be determined in the substantive suit, rather than at the interlocutory stage.
Background of the Case
The applicants, Christian and Pastor Shyngle Wigwe, allegedly acting under the influence of Emeka Wigwe, filed suit number ID/7735FPM/2024 against Access Bank Plc, Coronation Merchant Bank Ltd, and United Securities Ltd. Also named as defendants under an order dated November 18, 2024, were Uche Wigwe, Aigboje A.I.G. Imoukhuede, and Miss Otutochi Channel Wigwe.
They sought an order appointing Otutochi Wigwe, Uche Wigwe, Shyngle Wigwe, and two professional entities—Zedra Trust Company (Isle of Man) and Pricewaterhouse Coopers Limited—as interim administrators of the late Herbert Wigwe’s estate, pending the determination of the main suit.
Additionally, they requested that Wigwe’s minor children—Chituru David Wigwe, Wegu & Hannah Wigwe, and Okachi Great Wigwe—be placed under joint guardianship of the listed administrators, with Shyngle Wigwe overseeing their welfare.
The applicants also sought authorization for the interim administrators to manage the deceased’s assets, ensure the welfare of his dependents, and obtain full financial disclosures from Access Bank, Coronation Merchant Bank, and United Securities.
Court’s Decision
After reviewing arguments from both sides, Justice Adeyemi ruled against the applicants, stating that their requests mirrored claims in the substantive suit and could not be decided at the interlocutory stage.
The court cited Section 24(1) of the Administration of Estate Law, Lagos State (2015), which allows for the appointment of an administrator pendente lite in cases where legal proceedings question the validity of a will. However, in this case, the court determined that such appointments were unnecessary at this stage.
Furthermore, the court referenced an earlier judgment that had already appointed a legal guardian for the deceased’s minor children, noting that no appeal had been filed against that ruling.
Justice Adeyemi emphasized that the case had been granted accelerated hearing, rejecting the claimants’ argument that a prolonged trial necessitated interim measures. The court urged all parties to avoid delays and ensure swift resolution of the matter in the best interest of the deceased’s minor children.
Conclusion
Dismissing the application, the judge ruled:
“The issues raised by the applicants are part of the substantive claims and cannot be considered at this interlocutory stage. Therefore, the application dated November 28, 2024, being unsustainable, is accordingly dismissed.”
