Retired judge opens can of worms in bid to contest late husband’s will

Justice Mariam Olajumoke Emeya (rtd)

The bid by a retired judge of Lagos High Court to contest the will of her late husband may have opened a Pandora’s Box threatening to expose a series of can of worms about her life and times in the Lagos State Judiciary. The expose is the stuff Nollywood movies are made of.

Justice Mariam Olajumoke Emeya who retired from the Lagos State Judiciary in 2021 is presently contesting the will of her late husband, Chief Fada Moses Emeya before Justice Oluwatoyin Ipaye sitting at Osborne Foreshore estate, Ikoyi Lagos.

Chief Emeya died on April 17, 2021 at the age of 69. He was a multi millionaire businessman in his lifetime and was Chairman of Dura Group of Companies. The group consists of Dura Products Industry Limited, Dura Sea Foods Ltd, Duraclean Services Nigeria Ltd, Duraclean Chemicals and Allied Products Ltd, and Scanlink Nigeria Ltd.

The properties of the late businessman as listed by Justice Emeya(rtd) before the court include Ojomu Chieftaincy family land at Lekki Peninsula Scheme, Eti-Osa Local Government Area of Lagos State with Survey Plan No: LAA/0327/2003/042/LA, 31(a) and (b) Adetoro Adelaja Street, GRA, Magodo, Lagos, 17, Moses Emeya Close, Off Social Club Road, New Oko-Oba, Abule-Egba(purported revoked gift), 5-7 Sanni Labode Street, off Social Club Road, New Oko-Oba, Abule-Egba, No 5A, Vori Close, off Acme Road, Ogba, 1-2 Gbade Olayode, off Cobham Street, Ajao Estate, Lagos, 12, Gnassingbe Eyadema Street, Asokoro, Abuja, Factory and land at Edenu Irrua, Edo State, and 26, Olukowi Street, Cement Bus Stop, Lagos.

Others include Factory, Houses in Bachita, Kwara, 6 Bedroom and 2 bedroom BQ at Area 2, Garki, Abuja; Plot 113, Kadasteral Zone, Karu, Jokowi Road, Abuja; 10 Hectares of farm land at Kuje, Abuja, Duraclean Building situate at 63, Ring Road, Ibadan; 5, Cobham Street, Ajao Estate, Lagos; 15, Atinuke Olabanji Street, off Unity Road, Ikeja, Lagos; 19, Moses Emeya Close, Off Social Club Road, New Oko-Oba, Abule-Egba, Lagos, and 7(formerly 5/7 Adeniyi Oke Street, Akiode, Ojodu Lagos.

In the suit filed by her lawyer, Dr Kemi Pinheiro SAN, Justice Emeya and her only child for late Chief Emeya, Mobolaji Adesua Emeya are the claimants. Joined as defendants are Mr Olufemi Emeya, Mr Anthony Ogwugwua Agadah (sued as purported executors of the estate of late Chief Emeya), Mr Mark Aliu(Chief Emeya’s lawyer), The Probate Registrar, High Court of Lagos State, Chief (Mrs) Oluwatoyin Aina Emeya(Chief Emeya’s first wife), Mr Oluwole Ayemere Emeya(for and on behalf of the children of the first wife-Yinka, John, Temitope, and Daniel Emeya), and Princess Abike Emeya-Olatunji.

Amongst the 16 reliefs sought by the retired judge are the following:
A declaration that the document purportedly lodged by the 3rd defendant at the registry of the 4th defendant purporting to the last will and testament of late Chief Fada Moses Emeya dated 13th February, 2017, is not a true and/or valid will of the said late Chief Fada Moses Emeya;

A declaration that the document purportedly re-lodged by the 3rd defendant at the registry of the 4th defendant purporting to be the last will and testament of the late Chief Fada Moses Emeya dated 13th February, 2017, is not a true and/or valid will of the said late Chief Fada Moses Emeya;

A Declaration that upon the voiding of the purported will of Chief Fada Moses Emeya (deceased), the estate of the deceased is subject to redistribution in line with the Administration of Estates Law of Lagos State Cap A5 Vol 2 Laws of Lagos State of Nigeria 2015;

A declaration that by virtue of Section 46 of the Administration of Estates Law of Lagos State CAP A5 Vol 2 Laws of Lagos State of Nigeria 2015, the 2nd Claimant is entitled to one-third of the estate or total value of the estate of the deceased;

A declaration that by virtue of Section 46 of the Administration of Estates Law of Lagos State CAP A5 Vol 2 Laws of Lagos State of Nigeria, the 2nd Claimant is entitled to all the personal chattels of the deceased.

She further urged to appoint an independent valuer to conduct a valuation of the total estate of the deceased and grant her one-third of the estate and all personal chattels of the deceased.

However, in the statement of defense, the sixth defendant, Oluwole Ayemere Emeya who is also the late Chief Emeya’s son, through his first wife, Chief Mrs Oluwatoyin Aina Emeya, and filed in court by their lawyer, Dr Richard Oma Ahonaruogho SAN, denied the claims of Justice Emeya and her daughter Mobolaji Adesua Emeya, saying the latter was not fathered by the late Chief.

In a 25 paragraph affidavit he deposed to, he narrated how his parents, Chief Emeya, and Chief (Mrs) Oluwatoyin Emeya started a family business known as Duraclean Services Ltd in 1978, two years after their wedding. His mother, according to him, had to resign from her job then to team up with her husband. It was from that humble beginnings that Dura Group of Companies started and grew into a multi billion naira business.

In May, 1992, late Chief Emeya had a case in court before a Magistrate Jumoke Makindipe at Magistrate Court 5, Ikeja. It was during this time that the said Magistrate Makindipe assisted him in securing a lawyer. A friendly relationship ensued and led to an extra-marital affair between the late Chief and Magistrate Makindipe.

Oluwole Emeye denied the paternity of the first Claimant, saying that she was already pregnant for her first husband, Otunba Ade Makindipe with whom she had three children. He claimed that Magistrate Makindipe left her husband because of the enormous wealth of his late father.

Oluwole averred: “The 2nd Claimant is not the lawful wedded wife of late Chief Fada Moses Emeya. At the time of the birth of the first claimant, the second claimant was still legally married to her husband, Otunba Ade Makindipe, though the second claimant later moved out with her three children, from the matrimonial home of her husband, Mr Makindipe, into an hotel on Allen Avenue, together with late Chief Fada Moses Emeya, whilst the later started taking up the responsibility of the second claimant and her children”.

It was from this time that Mrs Makindipe eventually became Mrs Emeya. However, she could not secure a divorce from her husband, she kept on bearing Mrs Makindipe at work, while she was Mrs. Emeya outside. Meanwhile, On July 31, 1997, a dissolution of marriage was “secured” before an Oshodi Grade B Customary Court, dissolving the marriage between Chief Emeya and his first wife, Chief(Mrs) Toyin Emeya. By the time she was elevated to the bench of the High Court of Lagos State, they had been before the Ikeja Marriage Registry and she became Justice Jumoke Emeya.

Oluwole Emeya further averred that by 2017, things had fallen apart between his father and Justice Emeya to the extent that she moved out of the house. “The deceased never had a happy relationship with the second claimant, who at that time made several frivolous complaints to the then Attorney General of Lagos State and the Chief Judge of Lagos State against the Peterson of Chief Fada Moses Emeya. Surreptitiously, the second claimant now claims in these proceedings to have lived with Chief until his death”.

This was corroborated by the second and third defendants, Agadah, and Aliu who worked closely with late Chief Emeya. While Agadah was personal lawyer who handled his estates and businesses, Aliu prepared his will now being contested.

Agadah confirmed that Chief Aliu was going to divorce Justice Emeya in 2017. In their statement of defense, Agadah averred that “In January 2017, late Chief Emeya instructed his office to procure a certified true copy of his marriage certificate with the second claimant which the late Chief told the second defendant he needed the certificate to file a divorce action against the 2nd Claimant. It was common knowledge amongst family members, staff of the late Chief, and other associates that the 2nd claimant and the late Chief separated and lived apart on several occasions when they had disagreement”.

He averred that the couple lived apart for the better part of 2016 and 2017. At one point, the claimants moved to a location around Lekki/Victoria Island axis of Lagos. When they reconciled, the deceased who was then discharged from a major operation moved to stay a while with the claimants at that location”.

However, the certificate he obtained put the age of Justice Emeya at 40 years old as the time of marriage. He reapplied again in the course of litigation and got the same certificate. But the certificate she filed before the court indicated that she was 48 years old when she married Chief Emeya. The two certificates are presently before the court.

Agadah further stated: “The second claimant retired in 2021 as a judge of the Lagos High Court and by law, the statutory age of such retirement as at 2021 was 65 years of age. By simple computation, a person who was 40 years old in 2005 was 56 in 2021. The second claimant and the deceased conducted their marriage at the Ikeja Marriage Registry while the second claimant was a Magistrate in the Lagos State Judiciary. The facts and information supplied by intending couples to a marriage at the Marriage Registry are by law and regulations made under caution and under oath and it is a criminal offence to provide false information to the Registry. The present action of the claimants is anchored on abase ground and pleads the maxim ex turpi causa non oritur actio(a person will not be able to pursue a cause of action if it arises from his own illegal act.)

Further hearing in the suit continues tomorrow May 8, 2024.