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  • ‘Why every adult needs a will’

    ‘Why every adult needs a will’

    Otunba Kunle Kalejaiye (SAN), at a lecture organised by JOGS 7276 Club, analyses the need for a will.

    A Will is a testamentary disposition usually made by a testator to give instructions to his executors on how he wishes to have his/her assets distributed upon his demise. There is a lot of skepticism about Will making but if it is made in compliance with the dictates of the Law it is usually beneficial for the administration of the estate of a deceased person.

    A major benefit of making a Will is that once it has been established that it was validly made and admitted to probate, the executors of the Will can distribute the estate of the deceased in accordance with the provisions in the Will without interference from any quarters. However, on the flip side, not making a Will makes it easy for certain individuals to unlawfully interfere with the assets in an estate, particularly as regards how the estate should be distributed. These individuals include family members of the deceased, people who ought to be beneficiaries of the Will if one was made, and third parties who are being mischievious.

    One of the major reasons why there are dispute over an estate is mainly because parties suspect, for any reason whatsoever the validity of a Will that may have been purportedly made in a bid to distribute an estate amongst the named beneficiaries and in some cases the executors of the said Will. Although making a Will does not always guarantee that a dispute will not arise, it serves as the first line of defence in such an eventuality. The question at this stage will then be whether the Will was validly made in compliance with the legal requirements.

    In this piece, the Writer aim to evaluate the requirements and process of making a valid Will.

    Meaning of a will

    In Obianwu V Obianwu (2017)LPELR-42676(CA) described a Will as a “disposition or declaration by which the person making it (the testator) provides for the dist ribution or administration of his property after his death. It is effective on death and is therefore revocable by him up until death. The Testator must be 18 years or over and have mental capacity to make a will. The testator must also have the intention to make that particular Will. To be valid, a Will must in ordinary cases comply with the formal requirements of the Wills Act, 1837 as amended. The Will must be in writing, igned by the Testator(or someone else in his presence and by his direction), and be attested by two witnesses (the signature must be either made or acknowledged by the testator in the presence of the two witnesses present at the same time)”. An equally comprehensive definistion of a Will had previously been adopted by the Supreme Court in Asika V Atunya (2013) 14 NWLR (Pt 1375) 510 at 528 and in the earlier case of Kwentoh V Kwentoh (2010) 5 NWLR (Pt 1188) 543 @ 562 following a long line of cases.

    The maker of a will is known as a testator. When a person who makes a will dies, he is said to have died testate, whereas a person who died without having made a will is said to have died intestate. In both instance, the estate of the deceased is administered by personal representatives. The personal representatives of a testator are called executors while the personal representatives of a person who dies intestate are known as administrators. A will takes effect when it is admitted to probate.

    History of wills in Nigeria

    In the pre colonial era, a disposition of property at death was governed by the customary law which can be oral or written.  Law or Islamic law prevailing in each community. Because writing was largely unknown to pre colonial communities, disposition of property at death was done orally and where was no oral disposition, the property of a deceased person devolved according to customary rules of inheritance. Even customary law recognized the testamentary freedom of a testator to dispose of alienable property according to his wishes albeit orally. These oral dispositions were made usually expectations of imminent death and in the presence of witnsesses who were not supposed to be beneficiaries under the disposition.  The number of witnesses required to make a valid oral will is not certain, but in Ayinke V Ibiduni(1959) 4 FSC 280, a witness testified that under the customary law of that community, four witnesses were required to make a valid will.

    In Muslim communities, Islamic law governed the disposition of property. Under Islamic law, a testator does not have full testamentary freedom as the Holy Quaran stipulates the manner in which property is to be disposed of according to Islamic rules of inheritance stipulated in the Quran, the disposition of property in Islamic law can be oral or written as well.

    However in the colonial era, one of the statutes of general applications (SOGA) received in Nigeria was the Wills Act of 1837. The Act provides for the disposition of property provided its formalities are complied with. Section 3 of the Act states as follows:

    “it shall be lawful for every person to devise, bequeath or dispose of by his will executed in the manner hereinafter required all real and personal estate which he shall be entitled to. The Wills Act 1837, by virtue of Sections 315 & 316 of the constitution is still applicable in Nigeria. Also the Wills (Amendment) Act, 1852, Wills Law of various states, Administration of Estate Laws of various states all applicable to making of Will in Nigeria.

    Sources of the Law of  wills in Nigeria

    The received law on Wills, that is the Wills Act, 1837 and the Wills (Amendment) Act 1852 which apply as statutes of general application is still in force though most of its provisions have been amended in England.

    Who can make a will?

    Two components are applicable here. Age and mental capacity. Section 7 of the wills Act 1837 stipulated 21 years. Wills of some  states however stipulated  18 years. In the case of Banks V Goodfellow(1870) L.R.5 Q.B 549, Testator must:

    i.)            Understand the nature of the act of making a will and its legal effects.

    ii.)           Know the extent of his property which he wants to dispose.

    iii.)          Have a recollection of the objects of his bounty.

    iv.)          Know the manner of distribution.

    In that case, the testator who had a history of mental disease and who suffered from delusion instructed a lawyer to prepare his will. The will was prepared and duly executed. In the will, he left all his estate to his niece and appointed two executors. Shortly after his death his niece died leaving no issue and the property devolved on the heir at law of the niece who was no relation to the testator. The testators heir at law brought an action to declare the will invalid. It was contended that the testator lack testamentary capacity because he had a long history of mental disease and suffered from delusion. The jury found the will was valid. On application to the High court Cockburn , CJ laid down the above test to be used in establishing whether a testator possessed mental capacity to make a will. Applying this test, his lordship held that the testator was neither afflicted by mental disease nor delusion when he made his will. He was held to have a sound disposing mind and memory.

    Mode of execution

    i.)            By testator signing personally or

    ii.)           acknowledging the signature &

    iii.)          testator directing another to sign on his behalf and in his presence and in the presence of two witnesses present at the same time S.9 Wills Act 1837.

    Attestation:

    •Witnesses must be physically present.

    •Need no knowledge of contents

    •Must subscribe in the presence of each other (what is obtainable in practice is that Witnesses hardly be together but that’s wrong).

    •Blind person cannot attest.

    Beneficiary witness:

    Beneficiary or spouse not to witness.

    S.15 Wills Act. There are exceptions to this.

    •Section 8 Will Law of Lagos state enables a witness who is also a beneficiary to retain the gift where there are other witnesses to prove due execution of the signature of the witness-beneficiary is disregarded.

    •Where there are provision for debt settlement.

    •Marriage of the spouse/witness and the beneficiar took place after the making of the will.

    •Where another will or codicil confirms the gift (the latter not being attested by the beneficiary or spouse)

    •Privileged will

    Classification of gifts

    Devise is used for disposition of realty(real estate) while Bequeath is used for description of a gift of personality(personal property) but they are used or construed interchangeably in order not to defeat the intention of the Testator. The word “Give” may be used for both classes of gifts.

    Types of gifts(legacy)

    •General Gifts

    •Specific Gifts

    •Demonstrative

    •Pecuniary and

    •Residuary

    General legacy:

    General legal is a gift not separated or distinguished from other properties owned by the Testator               . Where the gift does nt exist at the time of the Testator’s death, Executors must acquire it or give the money s worth to the beneficiary. Example:

    “I give a 6 bedroom duplex apartment in any upscale area of his choice in Abuja to my daughter, Tolu”.

    Advantage of General Gift is that it is not liable to ademption, while the disadvantage is that it may suffer abatement where the estate is insufficient and it may even fail where the value of the gft cannot be ascertained.

    Note:

    Ademption refers to the destruction or extinction of a testamentary gift because the bequeathed assets no longer belong to the testator at the time of their death.

    Abatement is the process of reducing the gifts given in a will because the assets of the estate are not sufficient to pay all of the debts of the estate and also distribute the gifts as the testator intended.

    Specific legacy:

    A gift which is specific and distinguishable from all other chattels of its kind and all other properties of the testator must be properly and sufficiently described.

    Example: “ I give my Omega gold what watch which I bought in Switzerland to my son, Gboye”

    “ I give my 2008 model Toyota Corolla with Reg.No. BDJ 555 BB to my daughter, Comfort”

    Advantage of this type of gift is that it is not liable to abate where there is insufficient funds of the estate is not enough to satisfy all legacies, debts, obligations and other expenses. The disadvantage is that where the specific gift no longer exist or cannot be found at the time of the Testator’s death, the beneficiary get nothing and the gift becomes adeemed (doctrine of Ademption). In case of fear of non existence of a specific gift at Testator’s death, Alternative/Substitution Clause may be used.

    Example:              “ I give my Gold wrist watch which I bought in Switzerland to my son, Gboye but where the said wrist watch cannot be found or I do not own it at my death, My Executors shall purchase a similar Gold wrist watch  for my said son or its money worth in lieu.”

    Demonstrative legacy

    A gift directed to be satisfied from a specified source or pool of property (usually-but not restricted to-money payable from a particular bank account) Combines the nature of a general legacy and a specific legacy).

    Example:              “ I give the sum of N1,000,000,000.00 (One Million Naira only) payable from my current account number 0029928892 with GTB Bank, Awolowo Junction, Bodija, Ibadan”

    Pecuniary Legacy

    It is basically a monetary gift called an annuity where it is expressed to be paid at intervals may be general, demonstrative or specific.

    Example:              “ I give to my faithful cook, Mary Adedeji N200,000.00 (Two Hundred Thousand Naira Only)”

    Residuary Gift

    This refers to undistributed residue of the Testator’s estate after satisfying all bequeaths and devises contained in the Will and also after settlement of all obligatons, debts, expenses taxes, and liabilities relating to the estate. It comprises of the following:

    •Properties acquired by the Testator after making the will or codicil

    •Properties acquired by the Testator after death E.g Section 33 of Wills Act

    •Gift that lapsed for lack of substitution clause and

    •Gifts that failed for diverse reasons.

    Information Required to prepare a Will

    •Testator’s particulars or personal details

    •Testator’s marital status

    •If there is existing Will or Codicil

    •Names, occupation and addresses of the proposed executors;

    •Whether the executors shall be remunerated or not;

    •Names, occupation and addresses of all the intended beneficiaries

    •List of all properties given out intervivo

    •List of all legacies to be given out in the Will

    •List of all real propertie to be devised in the Will ad the custody of the title deeds;

    •List of all businesses

    •Manner of distribution of the estate to the beneficiaries

    •Whether there is a trust, if yes the names, occupation and addresses of the trustees;

    •Funeral arrangements (To be contained in a separate letter

    •Debts and liabilities

    •Provision for gifts that may lapse, fail or become void and property acquired after the making of the Will

    Ethical Issues In Will Making

    •Competence Rule 16(1)(a) and Rule 14(2))c) of the RPC

    •Confidentiality of information Rule 23 of RPC

    •Privileged Communication Rule 19 of RPC

    •Conflict with personal interest Rule 27 of RPC

    •Liabilities and damages for negligence   S9 LPA

    Proving the Validity of a Will

    Although the presumption of regularity enures for the benefit of  Will that appears on its face to be ex-facie regular. See Iyamu V Alonge (2007) All FWLR, Part 1247 page 591. However, merely making a Will does not make it valid, mainly because there are usually extenuating circumstances in law that can affect the validity of a Will. Therefore when a Will is challenged, the primary burden of proof of establishing it’s validity is on the person who prepares the Will and it is when this burden is discharged that the burden will shift to the other party challenging its proper execution (secondary burden of proof) to prove that the Will is not properly executed or that it is tainted with fraud or forgery. See Osa-Obunmwenre & Ors V. Osemwenchai & Ors (2022) LPELR-57664(CA).

    These circumstances for instance are a lack of mental capacity which include undue influence, and delusion affecting mental capacity. Other circumstances include the vulnerability of the testator(Blindness) which requires a special form of attestation, lack of knowledge and approval by the testator, suspicious circumstances and mistakes and fraud.

    Conclusion

    Anything about Will has resemblance of Trust. A Will itself can be seen as a trust document ( I stand corrected). A situation where a Trustor appoints Executors through secret trust, which means the Executors are not even aware of the appointment. The Executors (Those he trusted much to bring his intentions to fruition when he is no more) may reject notwithstanding. When accepted, they are to manage his estate on his behalf and for the benefit of the beneficiaries. If this is accepted by all, the Trustees (Executors) has legal interest in the properties, though also has duty to treat them as stipulated by the Testator(Trustor), while the real beneficiaries under the Will has equitable interest in the estate until distributed. Executors can be beneficiaries but they cannot be witnesses because Will is a secret Trust. In ideal situation, witnesses should not even see the contents because it is meant to speak after the death of the Testator.

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    It suffices therefore to add that because the Executors were not aware of their appointments some usually reject the duty. However since they are usually close confidants of the Testators, they hardly reject. For the reason that they may reject or may be unavailable at the time of the will enforcement, hence there is always a provision for alternative Executors to avoid situation where there would not be anyone to act.

    Same way the Administrators through probate registry are equally Trustees of the Estate and with legal interest holding same for the benefit of the Beneficiaries. Under Administration of Estates, Administrators can also be beneficiaries just as Under Will where Executors can be beneficiaries.

    4.0         Recommendations

    Will can be written by anybody. However to give it more legal face, it is recommended Lawyers are consulted for Will writing. This is because there are certain rules pertaining to what can validate and invalidate it. Language and wording is extremely important in Wills and can derail the process if faulty.

    As regards the legal fees, Wills tend to be billed as a flat fee and lawyers would do more psychological pricing considering the nature and capacity of the Testator, also the circumstance of the will writing e.g if being written under emergency or with given timeline.

    The following conditions are recommended in line with Wills Act and other laws of States.

    1.            The Testator or person making the will must be at least 18 years old and of sound mind.

    2.            The will must be in writing, signed by the Testator or by someone else at the Testator’ direction and in their presence. It must also be signed by at least two witnesses.

    3.            The Will must be notarized or Affidavits done by the Witnesses and the Testator during the execution to make the proving of the Will easy. It is an old practice to record the Testator on video when instructions are being given by him orally.

    4.            Lawyers are encouraged to consult the Will Laws of the State of Testator or strictly rely on 1837 Wills Act as amended till date for consistency.

    5.            The question of Trust extends to Lawyer that prepares the Will and as such, he must protect the integrity of the process using his professional knowledge and guided by Rules of the Profession.

    In mid last year, a friend wanted me to write a Will for his father in Law. After taking all instructions from the man and before execution, the said friend asked to know what was contained in the said Will claiming he is my friend who brought the job and that I should trust him but I told him that it is against the rules of the profession to tell him. The fear of these people is, they did not want the father to bequeath any property for the second wife who have been taking care of the man since the death of his first wife in 2002.  Interestingly the man bequeathed a house for the woman.

    It would have been wrong to even tell them by word of mouth what is contained in the Will let alone showing anybody. Preparation of any Will would test the Integrity of every lawyers as so many ethical traps are involved.

    6.            Lawyers are recommended to research well while preparing Will as Lawyer’s mistake which caused any beneficiary to lose his or her gifts, may result to action in Negligence against the Lawyer.

    7.            Lawyers should technically preserve his own income in writing under the Will. For example, by expressly directing in the Will that the Will must be proven by the Lawyer that prepares it. The Law recommends 10% of the value of the Will as payment for the Lawyer that proves it. If the family would not pay 10%, they must negotiate. A lawyer can institute action against the estate if not paid his money.

    Other comments, additions and questions are welcome.

    Thank you.

  • How to write your Will

    How to write your Will

    Preamble

    One of the obligatory Islamic duties which most Muslims take for granted is the writing of will. For every Muslim adult, male or female, writing a will is not a matter of choice. It is incumbent on all Muslims. But not many Muslims know this. And the few who know it do not seem to be comfortable with it.

    The general thinking is that writing a will is only for old people who are close to death or those who are very rich. This does not only contradict the concept of Islam about death, it also contravenes the principle laid down in Islam about will writing. No one knows when death will come. An octogenarian may continue to live while a man or woman of twenties or thirties may die. The healthy may die while the sick lives. The circumstances of life which cause death particularly in this age of technology are very unpredictable. Thus, death may come to anybody at any time.

    One of the advantages of Tafsir (the exposition of the Qur’an) is to disseminate knowledge especially on sensitive but fundamental issues often over-sighted by most Muslims. Writing a will is one of such issues. Will in Islam is called wasiyyah. It is a very significant means of providing a flexible instrument of transferring estate or a fraction of it to those who are not heirs. It is also a means of leaving a permanent instruction for one’s children, wives and siblings on how to conduct life after the legator might have demised.

    Wassiyyah basically means a bequest of assets and debts to others after one’s death. It depicts the differences between hibah which means a gift in one’s life time and wirathah (inheritance). Wasiyyah is a voluntary gift delivered to the intended beneficiary after the death of the giver.

    In Islam, writing a will is not about bequeath of wealth alone. It is rather more about the explanation of certain things in the life of the will writer which were not known to his or her family members, relatives and close associates.  For instance, if the concerned will writer did not pay Zakah when he was able to pay it, or if he was indebted but did not disclose it to his/her relatives or if something was entrusted to him/her without involvement of witnesses. Also, if he/she made a promise to someone without the knowledge of his/her relatives, it is incumbent upon him/her to include such matters in his/her will. This is to clear any possible ambiguity or doubt about his/her relationship with other people while alive.

     

    Contents of the Will

    The contents of such a will are never disclosed until after the death of the writer. A Muslim will can be in written or oral form. And it is forbidden for anybody to alter such a will in any way. Altering it is a crime punishable in Islam.

    Writing of will by Muslims is ordained by the Almighty Allah in Q.2:180 thus:

    “It is decreed that when death approaches, those of you that leave wealth shall bequeath it equitably to parents and kindred. This is a duty incumbent upon the righteous. He that alters it (the will) after hearing it shall be accountable for his crime. Allah is all-Hearing, all-knowing.” Prophet Muhammad was also reported by foremost Hadith experts (Bukhari and Muslim) as saying that “Any Muslim who has something to bequeath should not pass two nights without writing his will”. And Ibn Majah (another Hadith expert) also reported a narration from Jabir quoting the Prophet as saying those who die leaving will behind died in the path of truth and righteousness and they shall receive the forgiveness of Allah”

     

    Sharing Properties

    Ordinarily, in Islam, a Muslim has no right to share his/her property among his offsprings or relatives by his own whim. The Islamic way of bequeathing inheritance has been divinely spelt out clearly in the Qur’an. And that is a different topic entirely not to be lumped with the issue of writing will on this occasion.

     

    Qualification of a Will Writer

    If a will must be written according to Islamic prescription then the writer of such a will must be a Muslim. He/she must have attained the age of maturity. He/she must be sane. He/she must use an understandable language and clearly identify self in his/her will. He/she must also append his/her signature to every page of such will with a clear indication of the date of the signature. There must be witnesses to the writing and signing of the will and those witnesses must also identify themselves clearly and duly sign the space left for them as witnesses in the will.

    But if the will is to be orally recorded, the voice of the will recorder must be identifiable and audible with understandable language.

     

    The Executors

    The executors as well as the trustees of the will must be clearly named and if necessary, described to avoid any confusion that may arise from similarity of names. In that case,   four original copies of a written will must be produced. And one copy must be given to each of the four appointed witnesses. No one of the witnesses must know another and no photocopy should be produced for any reason. All available copies must be original. This is to prevent any possible leakage or connivance that may lead to betrayal of trust. Every appointed witness must be an acknowledged trustworthy person of integrity. Ditto the executors.

     

    Contents of the Will

    An Islamic will should contain the following facts as a matter of necessity:

    1. Listing all the children if there are
    2. Listing all the available assets
    3. Listing all liabilities including debts, unpaid Zakah, promises made but not yet fulfilled, entrusted property as well as illegal acquisition in the writer’s possessions
    4. Listing the wives and relatives including parents, siblings and other beneficiaries who are alive and are qualified as inheritors

    All these must be clearly spelt out without mentioning the amount or share due to each beneficiary.

    1. Listing any special bequest, testamentary transfer and endowment as well as the names of the beneficiaries. All these must be clearly spelt out.
    2. Appointing a guardian or trustee for minor children until such children attain the age of maturity
    3. Specific sections of the will may be addressed to the wife/wives and children about their expected conducts and attitude to life after the demise of the legator
    4. Any written will must be updated from time to time and each latest copy must be given to the witnesses and the trustees while the old ones are withdrawn for destruction.
    5. The executors must not know the trustees. And the trustees must not take part in the execution of the will. Their duty is to ensure that the executors comply with the letters of the will.

     

    Outside the Will

    Some facts not to be included in the inheritance aspect of the will of a Muslim are as follows:

    A non-Muslim child of a Muslim will-writer or an illegitimate child or a murderer (one who kills his parents) should not be included in the list of those to inherit because they are not qualified to inherit a Muslim parent under Islamic law. If, however, the will writer feels strongly about giving his non-Muslim child something from his estate, this may be contained in the aspect concerning testamentary transfer. Ditto the non-Muslim wife and illegitimate child. But the total aggregate of what a Muslim can will out to those not qualified for inheritance should not exceed one third of the entire estate after the deduction of debts.

    The idea of one third of total assets as gift came about from a conversation between Prophet Muhammad (SAW) and Sa’d bn Abi Waqqas. The latter had sought the Prophet’s permission to bequeath his entire estate to certain people and groups. The Prophet said ‘NO’. He, (Abi Waqqas), then said what of half? And the Prophet said ‘NO’. Then he (Abi Waqqas) said what of one third? The Prophet at that stage reluctantly gave a go ahead indicating that even the one third was too much concluding that “it is better to leave your heirs richer than poorer”. Thus, the final approval became a Prophetic tradition which Muslims must abide by. This means that one third is the maximum a Muslim can bequeath to anybody in his will outside the inheritance bracket.

    Islam does not allow Muslims to bequeath or make special provision in their will for those who are legitimately eligible as heirs. Therefore, anybody who is qualified to inherit cannot be included in the will for any gift after the demise of the legator. Any such gift must have been handed over to the beneficiary while the legator was alive.

    The copies of the will may be given to banks or any other corporate institutions like courts in confidence for safe keeping without the knowledge of the beneficiaries. However, such copies must be accompanied by covering notes. But there must be witnesses to the keeping of such a document in the bank or the court.

     

    When to write Will

    A Muslim must not wait until death approaches before writing his/her will since he/she does not know when death would come. Neither should he/she wait until he/she becomes rich before doing same since he/she does not know if he/she would ever become rich. For a genuine Muslim, writing a will must begin as soon as he/she marries and starts raising a family.

  • Writing a will is definitely not a death wish – CEO Stanbic IBTC Trustees Limited Binta Max-Gbinije

    Writing a will is definitely not a death wish – CEO Stanbic IBTC Trustees Limited Binta Max-Gbinije

    Stanbic IBTC Trustees Limited (SITL) recently launched a campaign to promote its Wills and estate planning offerings which it tagged Stanbic IBTC Legacee. Chief Executive of SITL, Binta Max-Gbinije spoke with BUKOLA AROLOYE  on the scheme. Excerpts:

    Could you  give us an environmental scan of the trusteeship business in Nigeria.In other words, your appraisal of this sector of the financial services industry?

    The trusteeship sector is one of the emerging giant sectors of the economy. Over the years, we have seen the emergence of several trustee companies springing up across the country. The need for corporate trustees has been on the rise in many commercial ways which may not be popular to those who aren’t players in the capital market. Trustees are there where corporate or government bonds are to be issued, where there are public investment funds and schemes to be managed, just to mention but a few. Thus, I dare to say that the trusteeship industry is a fast growing sector in Nigeria.

    Trusteeship is an old informal  practice among various ethnic groups in Nigeria. For instance, it is not unusual for a man with young children to put his property in the care of a trusted friend or family member for onward transfer to his children when they come of age. That may be in form of verbal Will or estate planning. Can you talk briefly about Will writing/estate planning in relation to some of the prevailing cultural practices or any other inheritance practice?

    As Africans, we have had different customs and traditions regarding inheritance of a deceased person’s assets. A  good example is  the primogeniture customary practice  which leaves the whole of a deceased person’s assets to the eldest son as inheritance, or those that disenfranchises female off-springs of the  deceased from any inheritance. These have, over the years, resulted in family squabbles and some discords. One easy way to resolve such would be to engage in a proper estate planning exercise which would require a person to do any of or a combination of the followings : write a Will, which clearly states his or her decision and intention regarding the management of the assets left behind. Under the laws of Nigeria, a Will written by a person supersedes whatever customary or religious practice that such person is subject to.

    Similarly, an individual can set up a trust where all or some of his assets are transferred to trustees to hold and manage in line with pre-agreed terms contained in a trust deed or any other document. Here the assets would no longer be in the name or possession of the deceased person but rather with the trustees, and as such the property is given the required shield from meddlesome interlopers.

    There is also inter vivos gift, where a person can transfer his assets to any desired beneficiary in his life time to avoid doubt or arguments in his absence.

    Some people fear, or are scared of writing their Wills. Why the morbidity around Will writing in this part of the world?

    Writing a Will is definitely not a death wish but could rather be seen as an acknowledgement of the fact of the inevitable and making adequate preparation for it. In an ironic twist, a survey conducted in the United Kingdom showed that people who wrote their Wills actually lived longer lives! So if you ask me, there is a very good reason to even write one – write a Will, live longer!

    Estate planning is essentially a way to protect wealth and eventually pass it on. However, there is a general lack of information regarding estate planning. Many believe a Will is sufficient to address their estate planning needs. Is a will always sufficient to plan one’s estate?

    A Will, on its own, can be sufficient for estate planning. However, beyond the need for succession there is also the imperative of it being a smooth succession and for same to be done in a timely manner devoid of chaos or friction. A trust, when properly constituted and assets transferred into it, can be the smoothest form of estate planning due to the fact that the whole probate process may be avoided and a lot of time and cost saved. However, I must mention that a trust, on its own, may not be sufficient as there are some classes of assets which cannot be moved to the trust without a will or letter of administration in the absence of a Will. An example is a retirement savings account.

    Will and estate planning are generally perceived as the transfer of property from one person to another. What other elements constitute ‘estate’?

    Apart from transfer of assets, estate planning also covers issues like debts, guardianship of minors, expression of wishes (which can either be positive or negative), funeral instructions, supporting a cause and so on.

    From a legal point of view, how binding are Wills?

    Legally, a Will that has been proven at the probate unchallenged or challenged and turned out successful is the highest and most binding document regarding the estate of a deceased person.

    What exactly is the difference between next of kin and a beneficiary?

    A next of kin simply put is a person’s closest or nearest blood/affinity relative, an emergency contact person; while a beneficiary is a person expressly intended to inherit your assets. However, it is important to note that some organizations have used both terms interchangeably. Thus we advise that you always seek clarification from an organization whenever you are completing a next of kin form.

    Will  writing and estate planning involves preparation for transitions, including death. But it is almost a taboo in a society like ours  that is still steeped in its superstitious beliefs. With this in mind, how can people be convinced to write Wills or plan their estates?

    Here I think information is the key. People have to be told of the need, advantage and importance of writing a Will as well as the corresponding consequences of not doing same. When people see the value that a will offers and weigh it against the patent disadvantages, they should then be persuaded to do the needful. In this area, Stanbic IBTC Trustees Limited Will continually educate the public and every audience of the need to do the responsible and prudent thing to put in place a Will or a suitable estate plan. Eventually, our earnest expectation is that the bias Will fade away as more people become more informed. Be informed so that you are not deformed!

    Another challenge of Will writing or estate planning is that many consider it as elitist, expensive, and for elderly people. A survey showed that 50% of estate planning clients are between 50 and 70 years of age. One reason for this, experts believe, is the dearth of information on the industry. Is this a correct assessment?

    The statistics is definitely a true reflection of the industry and yes, the reason for this is not far from my last response which is simply – lack of information. What everyone needs to know is the fact that while we have many other personal assets like cars, jewelry, clothing and furniture that can easily be inherited without much   regulations, there are also assets class which cut across all classes of people and can be owned by the rich, the middle class or even the lower class. Examples are bank accounts, stock portfolios, retirement savings accounts and other forms of investments which cannot be transferred in an informal manner. All these need to be handled under a Will or letters of administration, otherwise dependants of a deceased would not be able to access such asset.

    What can be done to dispel these notions and get a millennial, for instance, to buy into estate planning and Will writing?

    Millennials  need to understand the importance of the general class of assets: bank accounts, stock portfolios, retirement savings account and other forms of investments. Perhaps something that will interest millennials is that there is something called ‘social Will’, by which  their social media accounts and other virtual footprints can outlive them and be willed to someone to manage long after they are gone! Interesting right?

    The probate process, which a Will must pass through, is believed to be very cumbersome and costly. It is claimed that probate could deplete an estate by as much as 40%. Are these concerns addressed by trust and estate planning?

    In Nigeria, at least in most states of the federation, the probate tax is 10 percent. However, regarding the process, it is simple – entails reading of the Will after due process, payment of estate fee, marking of the Will by witnesses and the signing of the final grant, especially where the Will is not in contest. It is usually the volume of transactions in the court as well as the diligence or otherwise of the executors and officers at the probate office that impacts more on making the process seamless or unwieldy. That is why it is important you choose your executors properly.

    Intergenerational wealth transfer is an important part of family and societal growth. But wealth transfer, when poorly done, often leads to inheritance-induced crises within and between families in communities in the country. In what ways can estate planning/Will writing help to address this?

    As much as possible, a Will or trust that makes reasonable provision for all dependants of the deceased would seldom be challenged or lead to family crisis. The need to ensure the engagement of professionals to draft the estate planning document in a manner that avoids ambiguity with as much certainty as possible, and also makes reasonable provision to cater for all dependants in the most equitable manner, can therefore not be over-emphasized.

    Does Will writing/estate planning take into consideration the cultural practices of Nigerians, which could impinge on enforceability. For instance, the Igbo or Bini inheritance culture is largely patrilineal primogeniture (where the eldest son inherits),  the Yoruba and Hausa practice partible (ori-ojori) inheritance (division among all) and in polygamy it is by stripe (division by number of wives not children (idi-igi system), while some ethic groups  (Ohafia, Abiriba) are matrilineal (female line of inheritance)?

    As much as possible, there are settled case laws which have upheld several traditions as well as declared others to be discriminatory or repugnant to the rule of natural justice and good conscience. Thus, asmuch as possible, when lawyers draft the Will or trust deeds, consideration is given to cultural, customary practice to the extent as is upheld under our laws. Otherwise, a person’s intention or decision under a will would legally supersede all customary practices.

    Effective estate planning requires expertise   in  property, probate, inheritance laws, among others, and also involves several issues, particularly the  tool(s) to deploy. Too often, these issues are never addressed until after the fact when complications arise. At that point, it is almost always too late. How can  one can navigate these labyrinthine?

    With regards to this, the engagement of experts in such fields during the drafting process is most important as what ever can be envisaged would be addressed during the drafting stage of the Will to cater for as many foreseeable or unforeseeable circumstances as may arise in the estate administration.

    Why are some authentic Wills challenged and how can one ensure his/her Will is not open to litigation?

    A Will can be challenged for a plethora of reasons, notwithstanding that the document was validly drafted and executed by the testator/testatrix. What is most important here is to have a Will that is able to stand the validity test that could be thrown at it.

    Nigerian businesses often do not outlive their promoters; many good businesses have had to fold up when the promoter(s) pass on. The incidence is rampant in Nigeria for various reasons. Could this be tied to a lack of proper estate planning?

    Succession planning, if not properly considered, usually is a challenge in all spheres of life. Estate planning, which speaks to intergenerational wealth transfer, can also have an impact on successful businesses if the promoter fails to put in structures in the business which would ensure that the business outlives him or her. A trust is one of the ways to ensure there is business continuity as the trustees would be required to ensure that all the terms as earlier provided in the trust deed as it relates to the business are carried out.

    An important concern in estate planning/Wills writing is the issue of integrity. There are cases where lawyers and others entrusted with such matters have colluded with a wife or sibling or relative to manipulate a Will and other inheritance documents. How then do we ensure that safety is guaranteed and integrity is protected in estate planning?

    The answer here is simple: it’s a case of conflict of interest .Conflict arises when the lawyer either gets greedy by trying to divert assets owned by his deceased client or when there is connivance with a favored member of the family. This situation can be resolved by engaging the service of an independent and objective third party, for example a corporate executor/trustee who will be professional all the way.

    What documents are essential for estate planning?

    Basically, an inventory of assets and the evidence of title as well as ownership of such assets.

    What informed the decision of Stanbic IBTC Trustees Limited to reposition its Wills offerings and how did you arrive at the decision of Legacee?

    The notion that the word WILL connotes fear and typically engenders an immediate rejection, was one of the reasons. The new name LEGACEE  more aptly conveys what this action truly means and that  is essentially  leaving behind something good to be remembered by after you are gone. It is something to be embraced and or at least acknowledged, not something to be afraid of.

     

  • Abia North: Between media hype and people’s will

    On Tuesday, October 13, 2015, the National and State House of Assembly Election Petition Tribunal sitting in Umuahia upheld the election of Senator Mao Ohuabunwa of the Peoples Democratic Party (PDP), representing Abia North senatorial district in the National Assembly. The Abia North case was perhaps the most keenly observed across the country because of the caliber of people involved. The election of Ohuabunwa was challenged by two other eminent personalities, a former governor of Abia State, Chief Orji Uzo Kalu and a business mogul, Chief Bourdex Onuoha.

    Apart from the three contestants being high profile personalities, what heightened the anxiety over the case was the fact that one of the petitioners, Kalu, characteristically gave it so much hype in the media, taking advantage of his proprietorship of one of the most widely read dailies of the country. Although Kalu came a distant third from Ohuabunwa, majority of Nigerians thought the matter was just between the two.

    For example, a few weeks before the final ruling of the Justice Adeniyi Onibanjo-led tribunal, Kalu had obtained a favourable ruling from the Court of Appeal, sitting in Owerri, nullifying an earlier ruling by the tribunal barring the admission of a list of accredited voters in Abia North as evidence. That ruling was celebrated by a section of the media that had sympathy for Kalu and as a result of which many thought that the tide was going to turn in his favour.

    Besides sheer legal technicalities, the involvement of the former governor also had further implications in the politics of Abia State, for the simple reason that the Abia North case represented Kalu’s final battle to remain politically relevant in the state.

    Prior to the 2015 general election, Kalu had issues with the mainstream political establishment in the state, of which Senator Ohuabunwa was a key factor. After a futile attempt to return to the PDP which was controlled in the state by the political tendency which had Ohuabunwa in the forefront, Kalu belatedly launched a bid to contest the Abia North Senatorial seat on the platform of the Progressive Peoples Alliance (PPA) which he leads.

    Although many keen watchers of Abia politics knew he had little or no chance, especially facing a formidable contender like Ohuabunwa, a two-time member of the House of Representatives and former majority leader in the House, Kalu threw everything he had into the contest.

    On March 28 2015, the senatorial election in Abia North (made up of five local government areas: (Arochukwu, Bende, Isiakwuato, Ohafia and Umunneochi) was essentially between the PPA (Kalu), Ohuabunwa (PDP) and APGA  (Onuoha). After some days of delay, the Independent National Electoral Commission (INEC) announced Mao, as he is simply referred to by his people, as the winner of the election.

    Although Kalu came third, he cried out, alleging that massive rigging, intimidation and manipulation attended the election. The APGA candidate, Onuoha, also protested vehemently and in a subsequent petition to the National and House of Assembly Election Petition Tribunal, he asked it to declare him winner instead.

    On the witness box on July 8, 2015, Onuoha among other things claimed that “I scored 37,115 lawful votes while the respondent who was declared winner scored 28,800 votes”. Onuoha had also alleged that Ohuabunwa inflated his scores while deflating those of APGA. The tribunal, however, consolidated the two petitions – by the APGA and PPA candidates – to streamline adjudication but majority of observers had their eyes on that of the APGA candidate.

    Delivering judgment on Tuesday October 13, 2015, Justice Onibanjo said that the allegation by the APGA candidate, Onuoha, that there were irregularities was not enough to cancel the election, as demanded by the APGA and PPA candidates.

    The tribunal did the most practical thing. It did a simple arithmetic of adding and subtracting figures which the APGA candidate had alleged to be in dispute before every eye at the tribunal venue. It deducted the votes which Onuoha had claimed were added to that of Ohuabunwa and added it back to that of Onuoha.

    After the arithmetic, the final figures stood at 43,739 for Ohuabunwa and 28,210 for Onuoha. Orji Uzor Kalu remained where he was at 20,000 votes which was the earlier figure announced for him by INEC, even as the tribunal dismissed his (Kalu’s) petition as incompetent.

    Not unexpectedly Onuoha and his party rejected the ruling and have declared their intention to challenge it at a superior court. But not a few in the state believe that will be an exercise in futility. In the view of keen watchers of the Abia political terrain, election disputes in the state will be difficult to go against the PDP which they say has an undisputed stronghold in the state.

    In the view of analysts, it is not for nothing that the PDP not only won all the elections in the state but it’s also won all the litigation against its candidates. Only last week, the Governorship Election Tribunal upheld the election of Dr Okezie Ikpeazu after a sustained dispute from the APGA governorship candidate, Dr. Alex Otti. Earlier, the National and State House of Assembly Election Petition Tribunal had upheld the election of the immediate past governor of the state, Chief T.A Orji, as senator for Abia Central. Although it had ordered a rerun in Abia South where Senator Enyinnaya Abaribe had earlier been declared winner, it had upheld the elections of seven House of Representatives members which were being contested mostly by APGA.

    The build up to the 2015 senatorial election in Abia North was full of anxieties and debates. The people of the area had expressed concern over a likely candidacy of the then incumbent senator, the late Uche Chukwumereije. Chukwumereije was on his third consecutive term in the senate and the prospects of his running again created anxieties among the people who felt the senatorial seat should move to another local government area in the zone.

    Chukwumereije was from Umunneoche. Initially, however, some skeptics, especially those who were not in the camp of the then governor, now Senator T.A Orji, felt that the campaign to stop Chukwuwereije from returning to the senate for a fourth term was a ploy by the governor to impose a candidate on the zone. But the groundswell persisted, prompting many, who felt that the PDP had perfected plans to move the seat away from Umonneoche, to leave the party.

    Their next port of call was APGA which was becoming quite strong following the entry of personalities like Alex Otti who was a governorship aspirant and later candidate of the party. Soon, it became clear that the fight was going to be between the PDP and APGA. However, from nowhere, Dr Orji Uzor Kalu joined the fray.

    Preparatory to the initial alignment and re-alignment of forces, Kalu had made a public declaration through his newspaper that he was back to the PDP, while completely denouncing membership of the PPA. This was even as the leaders and the faithful of the PDP in the state almost in unison rejected his return to the party.

    But a few weeks after that declaration, one of Kalu’s aides went to the headquarters of the PPA to purchase a form for the senatorial election on his (Kalu’s) behalf. Kalu promptly denied authorizing his aide to purchase the form on his behalf, and demanding a public apology from him. But many people were not impressed because they had become quite familiar with the antics of the former governor. Indeed, Nigerians, not just Abians, were hardly surprised when eventually Kalu became the candidate of the PPA for the Abia North senatorial election.

    Senator Ohuabunwa who had his election upheld by the tribunal is from Arochukwu local government area and a frontline politician from the state. Apart from the fact that Abia is a stronghold of the PDP, the widely-held belief is that Mao is one politician who commands enough following that would see him victorious in any election in the state.

    In Abia state, the consensus of opinion is that the two-time representative of Arochukwu/Ohafia federal constituency defeated his opponents, who are no mean personalities, because he has a better pedigree. In fact, some take the position that Mao may have succeeded in finally retiring the former governor from politics.

  • Emmanuel’s will

    Emmanuel’s will

    He was the oracle of Akwa Ibom politics. Not a few believe he still reigns even after choosing a successor.  He spoke and others must obey. The coveted seat of the governor had been reserved, the oracle declared. But, in the oracle’s party, there were 22 others who wanted the job. Two of them were the oracle’s former deputies, who got the boot when their loyalty became suspect.

    The oracle, Godswill Akpabio, now senator, believed none of his former deputies, Patrick Ekpotu and Nsima Ekere, was good enough to replace him. The 20 others were no match too. Umana Okon Umana, who used to be his ally, had read the handwriting on the wall. He defected to the opposition, where he tried his luck but was ‘crushed’ by the oracle’s bulldozers.

    It was either Udom Emmanuel or nobody, the oracle made it clear. In one feeble attempt at peace, Akpabio held a meeting which lasted till the wee hours of Saturday, December 20, last year. The meeting held at the secretariat of the G-22 in Abuja.

    It was almost deadlocked from the beginning. A shouting match ensued between one of the aspirants, Chief Asam Asam (SAN) and Akpabio. Both men were later calmed down by others in the meeting.

    Akpabio
    Akpabio

    As a way of dousing tension, Christian songs were sung. Akpabio, I was told, pleaded with the G-22 to accept Emmanuel as the governorship candidate of the PDP. At a point in the meeting, Akpabio called on Emmanuel to plead with the other aspirants. And this rather added fuel to the fire than quench it. Emmanuel reportedly likened his case to that of Jesus who was initially rejected by his people but later turned out to become the saviour. This allusion to Jesus reportedly infuriated the aspirants as he was castigated for his lack of humility.

    The G-22 maintained their stand that Emmaneul was a product of a sham primary. Akpabio did not see any sense in their position. He gave his all to see his ‘son’ throughout and was convinced that those who wanted to take power through the backdoor would die.

    The general elections came and Akpabio rallied his all behind Emmanuel and he was declared winner of the election, which is now a subject of litigation.

    But, while the legitimacy of Emmanuel’s election is being contested at the tribunal, an interesting drama is playing out in the state.

    Emmanuel met a state in huge debt, but his hands are tied and till date he has not been able to reveal the debt status as contained in Akpabio’s handover note. The N64.5b figure he released on Tuesday was not directly linked to Akpabio.

    Emmanuel played the clever one some days back at the House of Assembly. His request was simply: approve the restructuring of commercial banks’ loans into Federal Government Bonds.

    In his letter to the House, Emmanuel did not include the details of the debts he wanted restructured into bonds.

    The governor said the measure would facilitate fiscal stability and provide avenue to liquidate its huge debt stock to cover a period of 25 years.

    The letter read: “In order for Akwa Ibom State to join other states, it becomes necessary for the state to partner with the Debt Management Office (DMO) of Nigeria and the Federal Ministry of Finance on this directive to utilise the benefits.

    “The FGN Bond will help the state to substitute short-term higher-cost bank debts with long term lower-cost debt.”

    There was drama at the assembly over the letter. The simple process of moving motion to accept the letter took time.

    The member representing Nsit Atai, Hon. Mark Esset while standing up to move the motion, said: “Mr. Speaker, I am handicapped and my hands are shaking.”

    The letter was handed over to the Finance and Appropriation Committee for further screening and investigation.

    The hush-hush about the state’s debt profile did not start now. The Transition Committee set up by the state government chaired by former Head of Service (HoS), Mr. Sunny Akpadiaha, did not also state the assets and liabilities bequeathed by the Akpabio’s administration.

    Emmanuel has no justifiable reason to keep the state’s debt profile a secret. He realised this on Tuesday by revealing that the state has an indebtedness of N64.5b, which he needed to restructure. Could this be all that Emmanuel has been hiding all this while? May be there is more.

    For many, Akwa Ibom has no reason to be seriously indebted given the fact that it was number one on the federal revenue chart. Its fortunes skyrocketed when the Supreme Court stripped Cross River of all oil wells which entitled it to the 13 per cent derivation. Akwa Ibom’s gain was Cross River’s loss.

    It is estimated that in eight years under Akpabio, the state received over N3trillion. With this sort of cash, its indebtedness should not be anything scary.

    In seeking this soft-landing, Emmanuel is obviously accepting the reality that there is no money for him to fulfil his electoral promises. I hear there is no money to mobilise contractors to sites. The governor is also considering borrowing from the banks to intervene in the reclamation of part of Calabar-Itu highway, which is heavily threatened by gully erosion.

    Even in releasing the N64.5b figure, he shied away from linking it to the Akpabio administration.

    Given the level to which Akpabio went to make him governor, it may seem unfair of him to be seen as exposing the senator. But for how long can they continue to hide the truth about the local and foreign debts incurred by Akpabio? There is nothing wrong in taking loans once they can be justified.

    My final take: What is Emmanuel really afraid of? A fight with Akpabio? Or is he just postponing the fight? Or he does not want to be seen as opening Akpabio’s yansh in the public? Or is the oracle still in charge and capable of pulling the rug off Emmanuel’s feet? Whatever it is, it is the people and accountability that are being taken for granted.

    The people deserve to know. Nothing more, nothing less. Emmanuel’s will should not be allowed to prevail.

     

  • Mr Will’s metamorphosis

    Mr Will’s metamorphosis

    Something hit him. Something uncommon. Something out of the ordinary.  Until that day, it had never happened that he would fall asleep in his office while sitting on a swivel chair. Was he tired? No. The night before, he did not do anything tiring and since the day broke, he had not done anything serious.

    He had a dream during the sleep. In the dream, he saw some people in all white attires. There was another group in all black dresses. There was a huge barricade separating them all. And in between the barricade was a security guard who was preventing the people in black from escaping to the zone of those in white. Those in white were in comfort. The weather was fantastic. Life, in short, was good and beautiful. And just a barricade away the people in black were going through hell. So, they were doing all possible to cross to the section occupied by those in white.

    Mr Will soon found himself discussing with the security man, who was trying to prevent him from entering either side of the divide. His reason for preventing him was that he was not qualified to enter either side. As he was struggling to get in, the security man thundered:”Go back to the world. Correct all the bad things you have done. That way, when it is time for you to come here, you will be able to stay with the people in white. If you return here without amending your ways, there are no two ways around it, you will be with the people in black. Going by what the Almighty has allowed me to see, you still have another 41 years on earth. Go back and live in accordance with His rules. Don’t play God.”

    It was at this point that he woke up, sweating and wondering what hit him. In a rush, all the things he had done of recent started coming to him. Only seven days ago he predicted death for people trying to get power through the back-door. His statement that all those who betrayed him would not get the key to Power House also came to his memory. He also remembered that two months ago, he fired some high-ranking members of his government. Their sin: failure to be part of his plan to anoint a successor.

    He was soon clutching his phone to dial Main Man’s number. As he wrestled with the phone, his eyes met with the photo frame of hand power fist on the sparkling white wall. The frame was a gift from an old friend, who was an activist in his lifetime. Putting it here was his way of keeping his memory alive. The friend was a true democrat, who would not support anything dictatorial.

    “See me immediately,” he said to Main Man.

    Few minutes later, Main Man was with Mr Will.

    “Good morning, Your Excellency!” Main Man said.

    “Good morning,” Mr Will said. “How is the campaign going?”

    Main Man looked at him smiling.

    “The campaign is going on well. Thank you, Your Excellency. What you did during the sod turning ceremony really did it. It has put fear in them. Who wants to die? They are running helter-skelter now. I am sure they will allow us have our way now. Stupid people. They were daring His Excellency. They seem not to realise that as far as this Abasi State is concerned, you are God and it is His will that you install me as your successor.”

    “Okay. I want you to do something for me. I want a shortlist of people who want to succeed me on the platform of our great Umbrella Peoples Party (UPP). I want it on my table tomorrow,” Mr Will said.

    He added: “Make sure you leave out nobody even the pretenders.”

    As the Main Man left, the scene at the sod turning ceremony for the secretariat of the UPP replayed on his mind’s frame.

    His voice boomed: “This party of ours is not where anybody can just come and dictate how we do things. Anyone who wants to take power through the back-door will die. Those who betray me will never get to Power House. They will die if they try to and UPP will continue.”

    He felt bad hearing himself speak that way, speaking as though he were God with the power to give life and take it.

    His attention was soon diverted by Second-in-Command.

    “Good morning, Your Excellency!”

    “Good morning.”

    He offered him a seat.

    “What do you think of the way I am running our party?” Mr Will asked.

    There was a surprise on Second-in-Command’s face.

    “And give me a sincere answer. No boot-licking. Don’t be afraid of being victimised.”

    Second-in-Command could not find his voice for a long time and when he eventually did, all he could mutter was: “Your Excellency, you are not doing badly.”

    He smiled and said: “That will be all for now.”

    Mr Will grabbed his gold-plated android and called Main Man.

    “I don’t think I have the patience to wait till tomorrow. Meet me at the party’s secretariat in 30 minutes,” Mr Will said.

    He put a call through to the party chairman and asked him to call other Exco members.

    He was thereafter driven to the secretariat. He insisted no siren must be used. Only one patrol vehicle led the way.

    The chairman, Main Man and Exco members were waiting when he got there. Straight they went to the conference hall.

    “My brothers, I am sure you are all confused. There is no need to be. I have come here to tell you all that our party is going to organise free and fair primaries to choose our party’s governorship torch-bearer. I am not going to force anybody on the party or on the people. Let the best man have the job.”

    Main Man wanted to voice an objection, but he cut him short: “I will not be party to imposition. If imposition had worked in 2007, I will not be governor today.”

    He bade them farewell. He thereafter paid personal visits to everybody he had offended either on account of Mr Main Man or any other matter. He asked for their forgiveness. And he vowed that for the rest of his second term and life, he would live right. He simply carried on as though this life mattered not— working to find a space among the people in white. It was, indeed, an uncommon transformation.

  • ‘This will make me live longer’

    ‘This will make me live longer’

    Emotions went high yesterday at the Unity Hall of Government House in Asaba, Delta State, when 86-year-old Awoturo Eleaya said that he felt like running again and that the event that he was witnessing would make him live longer.

    Delta State was unveiling the mascot for a sports programme named after him, the Awoturo Eleaya Athletics Fiesta. The finals will hold this year in Sapele. It is a fall-out from the Sports Summit the state held on October 30 last year. The implementation of the report has already started, although the report was officially submitted to government at the same event that also witnessed the inauguration of the Local Organising Committee for the African Youth Athletics Championship that will hold in Warri in March.

    Delta State Governor Dr. Emmanuel Uduaghan had promised that Delta would produce Olympic medalists and the Awoturo Eleaya Fiesta is one of the launching pads towards achieving the feat. It will see track and field taking place from ward levels to Local Government Areas and from there to Senatorial districts and then the state finals which will take place in Sapele. Juniors, intermediates and seniors will all compete in the fiesta and world stars like Blessing Okagbare will compete in the senior event. The idea is to mentor the young athletes who, no doubt, will be inspired by their presence. Okagbare attended the event. Former African queen of the tracks Mary Onyali was also in the hall. And little Ese Brume whom Amaju Pinnick, head of sports in Delta, touted as one to step into the shoes of Okagbare was also there with her parents.

    Eleaya was so moved by the day that he prayed for God’s blessings on Dr. Uduaghan and his government for not only honouring him while he is still alive but also embarking on what he likened to a revolution that will turn around sports in the country. Grassroots football has already started in Delta with the Governor’s Cup and weightlifting, swimming and other events will follow in due course.

    “I’m so delighted that at almost 86, I feel that I should be in the field running again,” Eleaya said in his remarks that attracted ovations.

    “Many of those I ran with are no more. Some are on wheelchairs and some not too strong again. The concept of this competition really covers grassroots, it’s what will make athletes graduate from juniors to intermediate and then to seniors. This is great. (Turning to Governor Uduaghan) You are making me to live longer and I pray that God blesses you and all those putting this together. You will live to watch these competitions and your children will live to watch them too.”

    Before Uduaghan spoke he paid tribute to the late Ayo Ositelu and asked that all should stand for a minute’s silence in honour of the veteran journalist who passed on last week. He also extolled the virtues of sports and reiterated his commitment towards transforming sports in Delta, saying that “sports reduces criminality, enhances good health and employs the youth and as we are planning for a period without oil; sports is one key area that could be vital to the economy.”

  • Ojukwu’s son lied on Will – Lawyer

    Ojukwu’s son lied on Will – Lawyer

    The Will read last Friday by counsel to the late Ikemba of Nnewi, Odimegwu Ojukwu, has continued to generate controversy in the state as his lawyer Mr. Emeka Onyemelukwe said on Monday that one of the late war lord’s son, Emeka Ojukwu Jr. lied with his claim that he (Onyemelukwe) was not his father’s lawyer.

    Ojukwu Jr. had dismissed the Will, saying that it was not his father’s own and vowed not to obey it.

    He also claimed that he was not aware of who Onyemelukwe was, describing the Will read at the Enugu High Court as fake.

    However, backing his long standing relationship with the late Ojukwu with documents, Onyemelukwe said he prepared the late Biafran leader’s Will in July 2005.

    He insisted that Ojukwu had no other Will and that the one read in court last week was incontestable.

    He said, “It was a blatant lie for Emeka Ojukwu Jr. to say that he did not know me and that I was not his father’s lawyer, when I was the person that prepared the legal documents for Ojukwu’s commercial property at No 26 Sokoto road, Onitsha, yielding millions of naira, which Emeka Jr. is managing and collecting rents. I was also the lawyer that handled Ojukwu’s case against the Federal Government from the High Court to the Supreme Court.

    “I was also the master of ceremony, (MC), when Emeka Jr. wedded at the Holy Ghost Cathedral, Enugu to the daughter of the late Chief Cyprian Ekwensi. That wedding’s reception was held at Nike Lake Hotel, with Justice Iguh formerly of the Supreme Court as the chairman of the occasaion.

    “Before Ojukwu’s Will was read last week, I was the one that sent text messages to all the parties concerned, including Emeka Jr.

    “I got his two telephone numbers from Mr. Val Nwosu, Ojukwu’s nephew.

    The text reads: The Will of your late father will be read on Friday, 20th November, 2012 at the Probate Registry at the Enugu High Court. Kindly inform Okigbo and Mi Mi (Ojukwu’s other children).

    “I also sent the text to Ebele who is Ojukwu’s daughter from Stella Onyeador, Mark Ezemba who was Ojukwu’s best man during his wedding with Bianca. So the pretence by Emeka that he was not informed about the reading of the Will did not hold water.

    “His claim that I was not his father’s lawyer is also not true. On July 24, 2009, I was the person that registered the power of attorney on Ojukwu’s property at No 7 Forest Crescent, Enugu.

    “I am also in possession of the Certificate of Occupancy, C of O, of Ojukwu’s landed property contained in the Will.”

  • Ojukwu wills estate, monies to Bianca

    Ojukwu wills estate, monies to Bianca

    … Recognises new daughter

    The will of the late Ikemba Nnewi, Chief Chukwuemeka Odumegwu-Ojukwu, was on Friday presented to the family with his widow, Bianca, getting the lion’s share.

    The presentation by the Chief Registrar of the Enugu High Court, Mr. Dennis Ekoh, was witnessed by Bianca, Mr. Val Nwosu, Ojukwu’s first cousin, and Mr. Mike Ejemba.

    In the will, the late Ojukwu identified one Tenny Haman as one of his children.

    Ojukwu listed the children as Tenny Haman, Chukwuemeka Jnr, Mmegha, Okigbo, Ebele, Chineme, Afam and Nwachukwu.

    The Ikemba gave the Casabianca Lodge at No. 7, Forest Crescent, GRA, Enugu, two properties at Jabi and Kuje in the FCT as well as all his money and personal effects to his widow.

    He also said that Bianca should replace him as the trustee in the family company, Ojukwu Transport Limited, while also giving her two plots of land in his village at Nnewi.

    He, however, added that if she re-married, the land should be taken away from her.

    The first son, Emeka Jnr., got the family house at Nnewi, while the newly mentioned daughter, Tenny Haman, got the Jubilee Hotel located in Zaria, Kaduna State.

    The Biafran warlord also shared other landed property in the village among all his children.

    Ojukwu listed the trustees and executors of the will to include Bianca, Emeka Jnr and Mr. James Chukwuneme.

    Reacting to the will, Bianca, who is Nigeria’s Ambassador to Spain, expressed satisfaction with its contents.

    “It was a fair will. This time round, he did not disappoint us,’’ she said.

    The ambassador, however, expressed shock at the disclosure of a new daughter in the family, whom she said had never been mentioned by her husband.

    The News Agency of Nigeria reports that none of the children was present at the presentation of the will.

     

  • Keshi to Nigerians: My Eagles will fly

    Keshi to Nigerians: My Eagles will fly

    Nigeria’s Head Coach, Stephen Keshi has assured Nigerians of an improved Super Eagles squad at the forthcoming African Cup of Nations (AFCON) 2013 in South Africa.

    The ‘Big Boss’ as he is fondly called by fans and admirers urged football fans to ensure they cheer the team from the stands during the biennial championship slated from January 19 to February 10, 2013.

    “Are you prepared for South Africa? Watch! In fact come and experience a change in the dream team…I will love to see all of you. Up Eagles!!!! Enjoy yourselves,” Keshi posted on his Facebook wall on Wednesday.

    Meanwhile, egg-heads of the Glass House believe the Keshi-led Eagles’ technical crew should by now know the foreign-based players that they hopes to parade in the South Africa.

    The continent’s football governing body, CAF had on November 23 fixed the midnight of January 9, 2013 as the deadline for submission of all the final squads for the 16-team tournament.

    Nigeria will battle defending champions Zambia, Burkina Faso and Ethiopia in Group C of the 2013 AFCON.