By Ola Kay
The Enugu State High Court presided over by Justice A.O Onovo has set aside a suit initiated by the late Chief Debe Odumegwu Ojukwu against the widow of late Dim Odumegwu Ojukwu for lack of merit.
Debe Odumegwu Ojukwu had claimed to be the first son of the late Ikemba Nnewi, Dim Chukwemeka Odumegwu Ojukwu.
The plaintiff had gone to court to put up a case against the authenticity of Ikemba’s will.
He contended that, being the first son of the late statesman, his name was supposed to be included in the will, but was not added.
Debe further alleged that Ojukwu’s will was doctored, upon which he sought a court order restraining the defendant, the widow of the late Biafra leader, Mrs Bianca Odumegwu-Ojukwu, from interfering with the administration of the estate of the late husband. He also sought a declaration that Ojukwu died without any will left behind. Debe equally claimed entitlement to letters of administration of the late Ojukwu’s estate.
However, matters determined by the court include: Whether the plaintiff, late Chief Debe Odumegwu Ojukwu adduced enough evidence to establish that he was a son the deceased and had been acknowledged as such by the deceased in his lifetime; and whether the deceased’s will was properly and validly made, and were entitled to benefit from the estate of the deceased, Dim Chukwuemeka Odumegwu Ojukwu.
The plaintiff, Chief Debe Odumegwu Ojukwu died in 2018 while the matter was still pending in the court, but his two daughters, Nene Grace and Obianuju Sarah applied for substitution in the suit which, though challenged by counsel to the defendants, Messrs Emeka Onyemelukwe and Ngozi Abafor, was allowed by the court.
In a judgement that lasted for more than two hours on Wednesday, Justice Onovo held that from all available evidence presented before the court, the plaintiff failed to prove that he was acknowledged by the late Dim Chukwuemeka Odumegwu Ojukwu in the course of his lifetime, as his biological son .
Justice Onovo stated, “it is the prerogative of a man to recognize a child born out of wedlock as his child.” He argued that acknowledgement of paternity could also be inferred from certain acts by a father towards a purported son which were not evident in the case.
Although, the plaintiff averred that he had been recognized by groups, associations and other members of society as a son of the late Dim Chukwuemeka Odumegwu-Ojukwu, but the Judge queried, “Can Public opinion be the sole basis of determining the paternity of a child born out of wedlock? I do not think so.”
On the plaintiff’s challenging the validity of the will of Dim Chukwuemeka Odumegwu Ojukwu, citing some typographical errors and signatories, and seeking for a declaration that Dim Chukwuemeka Odumegwu Ojukwu died intestate. The Court after examination of all the evidence presented before held that the will and codicil were properly and validly made, and valid in the eyes of the law.
Also, on the right of the children of the Plaintiff to challenge Ojukwu’s will, the court held that, “in order to have the locus to challenge the will they must first prove that they are the grandchildren of the late Dim Chukwuemeka Odumegwu-Ojukwu, and entitled to the benefits accruing therefrom. Since in the suit initiated by the plaintiff, their father, he was unable to prove himself to be a son of the Dim Chukwuemeka Odumegwu Ojukwu, then on what basis would the children of the plaintiff be challenging the will of the latter?
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