Trustees win in tussle over Mudasiru’s will

The curtain has finally been drawn on the protracted, and sometimes acrimonious and bruising, tussle over the Will of the late Commodore Gbolahan Mudasiru, a one-time Governor of Lagos State.

Commodore Mudasiru died in London on September 23, 2003.The dispute between some members of his family and the Trustees of the Will began almost immediately he breathed his last, first over who, between them, had the responsibility for his funeral. The family waving the decision of a London High Court had its way and Mudasiru was buried in London. The British Court could not admit the Trustees as, at the same time, executors.

After the burial the battle shifted to Nigerian courts—the Court of first instance and the appellate. The Nigerian courts were invited to consider and resolve three issues:

•Whether the Will captioned Trustees/Executors was the last Will of Commodore Mudasiru and not a forgery, riddled, as the family argued, with omissions, irregularities, misnomer and alterations which were not in character with the accustomed thoroughness and perfectionistic tendencies of Commodore Mudasiru;

•Whether the Trustees appointed by him were also Executors of the Will;

The third issue was special to the Appeal Court. The family wanted to know if the trial lower court should have made declarations and orders in the absence of a counter claim.

Although to reinforce its position the family brandished the judgment of the British high court which could not hold the Trustees as Executors, the Nigerian courts, after taking all arguments, were unimpressed and the family lost on all counts.

Challenging the Will as Next –of –Kin and beneficiaries of the Estate of Air commodore Gbolahan Mudasiru were Mrs. Foluke Mudasiru, his wife; two of the sons and his daughter, namely Mr. Tolulope Mudasiru, Mrs. Openifolu Tejuoso and Mr. Oladapo Mudasiru. Two of the sons steered clear.

The respondents were Mr. Ibrahim Abdullahi; Mr. Ladi Cole; Dr. Olufunmilayo Coker; Mrs. Olusola Sowemimo and Mr. A.C. Mkparu—the Trustees, and the probate Registrar.

The trial Justices of the Court of Appeal were Adzira Gana Mshelia; John Inyang Okoro and Muhammed Ambi-Usi Danjuma.

The suit was first decided on December 15, 2009 by Justice Opesanwo of the Lagos High Court, who dismissed the suit in its entirety, and declared the Will as valid and the Trustees as Executors.

The Appeal Court in a unanimous decision read by Justice John Nyang Okoro upheld the judgment of Mr.Justice Opesanwo. Justice Okoro, reviewing the arguments of both parties, first spoke on the validity of the Will, and agreed with Mr. Osahon Idemudia, for the Trustees, that the Will met the requirements of the Will Law of Lagos State which states that no Will shall be valid unless

•It is in writing;

•It is signed by the testator or signed in his name by some other person in his presence and by his direction in such place on the Will so that it is apparent on the face of the Will that the testator intended to give effect by the signature to the writing signed as his Will;

•The testator makes or acknowledges the signature in the presence of at least two witnesses present at the same time;

•The witnesses attest and subscribe the Will in the presence of the Testator but no form of attestation or publication shall be necessary.

The issue of signature was belaboured by Mrs. Mudasiru and her children which they disputed as Mudasiru’s. Robert Clarke (SAN), for the Mudasirus, had posited that Commodore Mudasiru did not make the said Will or that if he made it he did not sign it and that the signature found on the Will was not his. Besides it was not signed in the appropriate space. A handwriting expert was called by the family to verify and authenticate the signature and push its standpoint.

The Appeal Court debunked the submission, saying that from the preface it would be seen that Commodore Mudasiru made the Will. The preface reads:

‘’This is the last Will and Testament of me, Gbolahan Adio Mudasiru of 62—64 Campell Street, Lagos. In joyful gratitude to the Almighty Father of all for His great Goodness and Mercy, I hereby REVOKE all other testamentary dispositions made by me and in particular my former last Will and Testament dated 18