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Tag: Justice Moses Bello

  • Late Justice Bello’s Daughter seeks DNA test for father’s children 

    Late Justice Bello’s Daughter seeks DNA test for father’s children 

    Ann Bello, daughter of the late Justice Moses Bello, former President of the Customary Court of Appeal of the Federal Capital Territory (FCT), has demanded a DNA test for all the children of the deceased jurist.

    In a notice issued on February 26 through her lawyer, Victor Giwa, Miss Bello gave the executors of her late father’s will 14 days to comply with her request. She warned that failure to do so would result in criminal proceedings against them.

    Miss Bello cited a recent judgment by Justice Mohammed Zubairu of the FCT High Court in Kurudu, which declared the codicil to her father’s will invalid. 

    She argued that this ruling reaffirmed her stance that the original will remains the only legally binding document governing the late jurist’s estate.

    Miss Bello had previously challenged the executors in court, contesting the distribution of her father’s properties. 

    In suit, marked: CV/667/2024, she listed Reverend Father Ezekiel Awolumate and Christ the King Catholic Church, Okene Parish, as defendants.  

    She claimed that the first defendant (Rev. Awolumate) had applied a sharing formula of 4.16% instead of the 11.11% stipulated by her late father. 

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    However, in the notice addressed to Rev. Awolumate, the parish priest of Christ the King Catholic Church, Okene, Miss Bello insisted that DNA tests must be conducted as a precondition for inheritance eligibility under the will.  

    It reads: “We are counsel to Ann E. Bello, one of the beneficiaries and heirs of the late Honourable Justice Abu Moses Bello, hereafter referred to as ‘our client.’  

    “It is the instruction of our client that after the death and the reading of the will of her late father, you, in conjunction with other members of the family of Mrs. Mary O. Bello, her stepmother, conspired to intentionally disinherit her from her rightful inheritance.  

    “Following the court’s judgment on February 5, 2025, by Honourable Justice Zubairu, which declared the codicil as legally invalid, the last will remains the only binding document.

    “In accordance with paragraph 5(a)(i) of the last will of Honourable Justice Abu Moses Bello, a DNA test must be conducted for Joseph Asuku Bello and six others. This test is a mandatory condition for their inheritance. Should they fail to comply, they must forfeit all assigned monies, properties, and assets.  

    “We hereby serve you a 14-day notice to carry out the DNA test or provide a formal response outlining steps to comply with the will.  

    “Take notice that we will oppose any sale, transfer, or dealings with any assets under the will.  

    “Take further notice that failure to comply will result in criminal charges against you and any other affected parties under the provisions of the will.”

  • Late court President’s daughter faults judgment on father’s assets

    Late court President’s daughter faults judgment on father’s assets

    A daughter to the late President of the Customary Court of Appeal of the Federal Capital Territory (FCT) Abuja, Justice Moses Bello, has faulted Wednesday’s judgment dismissing her suit challenging the distribution of her father’s estate.

    The daughter, Ann Eniyamire whose suit was dismissed by A High Court of the Federal Capital Territory (FCT) argued that the judgment has led to a miscarriage of justice.

    Eniyamire, who spoke through her lawyer, Yahuza Mahraz, said she was saddened by current developments in the Judiciary, “where a judge can aid a party of his own choice by introducing new facts not deposed by any party and arguing such facts based on his personal beliefs. This has led to a miscarriage of justice.” 

    While vowing to appeal the decision, Eniyamire said: “The judgment in its entirety is contradictory, approbatory and reprobatory, which cannot stand the test of fairness and natural justice.

     “The same judge, who held in his ruling on the defendants’ notice of preliminary objection that the claimant’s suit is not challenging the validity of a will/ codicil and is not challenging the grant of probate, as the issue of challenging a validity of a will/ codicil only goes to Probate Registry, before a Probate Registrar, went ahead to challenge the validity of the will and codicil on his own, without any party raising it for him, thereby downgrading the High Court to the position of a Probate Registry and hold a contradictory decision.

    “We reject the judgment in its entirety and we going on Appeal,” she said.

    Eniyamire’s suit, marked: CV/667/2024, had Reverend Father Ezekiel John and Christ the King Catholic Church, Okene Parish as  defendants.

    She had alleged that Father John (listed as the first defendant) unilaterally adopted a 4.16% sharing formula instead of the 11.11% her later father instructed in his will.  

    Delivering judgment on Wednesday, Justice Mohamed Zubairu held that the codicil (a legal amendment to a will) relied upon by Eniyamire was invalid.  

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    Justice Zubairu ssid the document was “more of a private letter’’ written by the late judge to his lawyer, Alex Izinyon (SAN), and did not meet the legal requirements of a codicil under the Wills Act.  

    The judge added: “A letter written by an attestor but not signed by at least two witnesses cannot be considered a valid codicil. Though titled ‘Codicil,’ it does not satisfy Section 9 of the Wills Act.” 

    Justice Zubairu held that the word “can” in the codicil afforded the executor some level of discretion in the distribution of the properties. 

    The judge added that Eniyamire was not entitled to 1/9th of her father’s properties and upheld the defendants’ distribution formula.  

    “Consequently, all the reliefs sought by the claimant are hereby refused. The suit is dismissed,” Justice Zubairu said.