One of the executors of the estate of late Justice Moses Bello, the Abuja Customary Court of Appeal judge, Reverend Father Ezekiel John Awolumate, has explained that he executed the distribution of the estate in strict compliance with the will.
A daughter of the deceased jurist, Ann Eniyamire Bello, had filed an action before an FCT High Court in Bwari claiming, among others, that the executors shortchanged her in the sharing formular of the estate, which she said was 11.11 per cent rather than 4.16 per cent of her deceased father’s shares, stocks, cash and property.
She averred that “apart from the three aforementioned properties in the above paragraph 23, the defendants have failed to disclose, transfer, handover, in reality, give and/or grant deed of assent to myself in respect of my shares with respect to any other property contained in the list of my late father’s properties not specifically mentioned in a will despite several demand.”
She added in her averments through her lawyer, Yahuza Mahraz that, “all the efforts made to ensure the defendants adhere strictly to the clear instruction of my late father as contained in his Codicil failed woefully and the defendants kept rigmaroling, dilly dallying and shilly-shallying.”
The executors were listed as Reverend Ezekiel John Awolumate and the Christ the King Catholic Church, Okene Parish.
But in a preliminary objection filed by his counsel, Adewale Adegboyega Esq, stated that “the administration of the estate of the claimant/respondent’s late father was carried out by the 1st Defendant/Applicant (Awolumate) pursuant to and in strict compliance with the Will and Codicil (attached as Exhibit A and B in the claimant/respondent’s affidavit in support of her originating summons) of the deceased.
“In Exhibit B (Codicil) attached to the claimant’s affidavit, there is no specific instruction on how the properties in the deceased’s name should be distributed and a discretion was thereby conferred on the 1st defendant with regards to the distribution of the said properties.”
The defendants therefore asked the court to dismiss the instant suit for non-disclosure of any cause of action or reasonable cause of action against the defendants/applicants.
Meanwhile, Justice M.A. Madugu has fixed June 4 for definite hearing of the suit.
