Ojukwu Wife, Bianca Defeats In-laws In Court Over Estate

A Lagos High Court sitting in Ikeja has rendered judgment in favour of Ambassador Bianca Ojukwu, widow of the late Igbo statesman, Dim Chukwuemeka Odumegwu Ojukwu, and her two children in the decades-long battle over the administration and control of some of the assets of Ojukwu Transport Ltd, OTL.

Ojukwu was a director of OTL, a family business before he died in 2011.

The lawsuit, LD/1539/2012, was brought before the court by Bianca Ojukwu on behalf of the claimants, her two sons Afamefuna and Nwachukwu, who were still infants at the time of his death, against OTL and seven other people (the brothers of the late Dim Ojukwu, their sons, and a property agent). It concerned an alleged attempt by the defendants to seize the claimants’ home at No. 29 Oyinkan Abayomi Drive, Ikoyi, Lagos, as well as some of the company’s property in Lagos, which were under the management and control of their late Biafran warlord.

The defendants in the 2012 complaint include OTL, Prof Joseph Ojukwu, Engr. Emmanuel Ojukwu, Lotanna Putalora Ojukwu, Dr Patrick Ike Ojukwu, Arch. Edward Ojukwu, Lota Akajiora Ojukwu, and Messrs. Massey Udegbe (doing business as Massey Udegbe & Company).

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The claimants stated in the lawsuits that on or around August 4, 2011, while their father was ill and being treated in a hospital in London, the 4th through 7th defendants attempted to forcibly evict them from their home at No. 29 Oyinkan Abayomi Drive (formerly Oueens Drive), Ikoyi, Lagos. They also claimed that soon after their father passed away and was buried, the 2nd through 7th defendants appointed a property agent, the 8th defendant, to take over, not only their father’s residence at Oyinkan Abayomi Drive but also other property under the possession, management and control of their father, namely No. 13 Hawksworth Rd (now known as 13 Ojora Rd) Ikoyi; No. 32A Commercial Ave, Yaba, Lagos; No. 30 Gerard Rd, Ikoyi, Lagos and No.4 Macpherson Avenue, Ikoyi, Lagos.

The court, presided over by Justice A. M. Lawal, issued its decision on June 24, this year, after evaluating all of the evidence presented by the parties during the proceedings.

The court found that because the claimants are biological offspring of the late Dim Chukwuemeka Odumegwu Ojukwu, they are entitled to their father’s wealth as well as his rights as a deceased director and shareholder of the 1st defendant.

Justice Lawal stated that “equity is fairness, and fairness is equity,” and that as an equity court, the court would not allow the claimants, who are the children of a foundation director of the company, to be evicted while other directors hold and control other property of the Ist defendant and derive benefits from it.

“Therefore, the claimants are entitled to possess and control what their late father possessed and controlled in the company, OTL, when he was alive,” he ruled.

The judge ruled that the fact that the first defendant enabled the company’s family to live on and collect income from the firm’s assets for all of these years was a decision made by the corporation by conduct.

He noted that the second defendant, who had refused to submit the property under his control for joint management, could no longer lead the effort to evict the deceased director’s children from the property managed by their late father.

The defendants’ counterclaim was dismissed for lack of competence, with the court ruling that “the claimants are entitled to possession and occupation of the property known as No. 29 Oyinkan Abayomi Drive (formerly Oueens Drive), Ikoyi, Lagos, until the harmonization of the management of the Ist defendant’s assets; “That the threat of forceful ejection of the claimants from No.29 Oyinkan Abayomi Drive, Ikoyi, Lagos, by the defendants is illegal;

“That the claimants are also entitled to the possession of the properties known as No 13 Hawkesworth Rd, Ikoyi (now known as No 13 Ojora Rd, Ikoyi); No. 32A Commercial Avenue, Yaba, Lagos; No. 30 Gerard Rd, Ikoyi, Lagos and No. 4 Macpherson Ave, Ikoyi, Lagos, which were some of the properties that were under the possession of the late father of the claimants from the time the properties were released from government acquisition.

“That the 2nd-8th defendants are restrained either by themselves or through their agent or privies from interfering with the claimants’ possession and control of the 5 listed properties, being the subject matter of the suit.”