ABUJA— The daughter of a late President of the Customary Court of Appeal in Abuja, Justice Moses Bello, has initiated a contempt action to jail the executor of her father’s will.
The applicant, Ann Eniyamire, alleged that her deceased father’s will executor who is a clergy, Rev. Father Ezekiel Awolumate, acted in breach of a subsisting order of the court relating to her dad’s properties.
Also cited as a defendant in the contempt charge included the Executive Director of Asset Management at NELMCO, Mr. Joseph Asuku Bello.
A High Court of the Federal Capital Territory sitting at Bwari had in a ruling that was delivered by Justice M. A. Madugu on October 14, issued an interim injunction, restraining the defendants from selling or leasing any of the properties in dispute.
The court equally ordered security agencies to arrest any violator of the order, even as it directed that the disputed properties be marked with red paint and a “NOT FOR SALE / Lis Pendens” sign placed on it, pending the determination of the substantive suit before it.
However, in the committal process she filed October 25, the Claimant, asked the defendants to explain why they should not be jailed for flouting extant orders of the court.
In an affidavit she deposed in support of the suit, the claimant alleged that the defendants attempted to sell off some of the properties, including the one at No.41 Panam Street, Maitama, Abuja, which is a subject matter of the pending litigation.
“That while this suit is pending before this Hon. Court, the defendants seized the opportunity of this Hon. Court’s annual vacation and willing to destroy the Res of this Suit by selling out properties which are subject of serious dispute including a developed property, Plot No. 763 Cadastral Zone A6 (No.41 Panama Street) Maitama, Abuja, (C-OF-O No: 164 EW-FE 243-59 DDR 6018U-10 of File No: KG 10050) and thereby leaving nothing behind for the court to adjudicate upon determination of the substantive suit, hence my application for interim orders which was graciously and judiciously granted on the 14 October, 2024, for the best interest of justice and sanctity of this court,” she averred.
The Claimant further alleged that the defendants have continued to spurn orders of the court by cleaning off the not for sale inscription that was placed on the disputed property.
“That since the orders were granted, the Ist Defendant/ Rev. Father Ezekiel John Awolumate together with one Mr. Joseph Asuku Bello who is a squatter in the said developed property, Plot No. 763 Cadastral Zone A6 (No.41 Panama Street) Maitama, Abuja, have continuously disobeyed the said order, by tampering with the said order by deleting the inscription ‘Not For Sale/Lis Pendens and removing the copies of the orders of this Hon. Court already affixed by officers of this Hon. Court on the walls and main entrance gate of a developed property, Plot No. 763 Cadastral Zone A6 (No.41 Panama Street) Maitama, Abuja, C-OF-O No: 164 EW-FE 243-59 DDR 6018U-10 of File No: KG 10050.”
“That to preserve the dignity of this Honourable court and to prevent further disobedience to the order of this court, the 1st Defendant/Rev. Father Ezekiel John Awolumate and Mr. Joseph Asuku Bello, ought to be committed to Prison and restrained,” the Claimant added.
It will be recallaed that late Justice Bello’s daughter had instituted the suit against the defendants, alleging that she was shortchanged in the execution of her father’s will.
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She told the court that her father had in his will, specified that his assets should be divided among his wife and eight children, using an 11.11 percent sharing formula.
However, Eniyamire claimed that Awolumate, the first defendant, altered the formula to 4.16 percent, contrary to her father’s instructions.
She, therefore, prayed the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will.
Additionally, she is seeking a court declaration that she is entitled to 11.11 percent of all her father’s assets, including his shares and stocks.
She also prayed the court to direct the defendants to account, tender and hand all necessary documents with regards to administration, management and distribution of the estates of her late father to any appointed administrator general.
Other reliefs she sought in the substantive suit, included: “A declaration that the Claimant is entitled to 11.11%, being equivalent to 1/9 of shares concerning all her late father’s estates of mab farms and stocks.”
As well as, “an order of this honourable court directing the defendants to pay to the claimant the sum of N500,000,000.00 only as general damages.”