[size=14pt]Mohammed Fawehinmi sues executor of his father’s Will[/size]
• Over freezing of all accounts
From Tobi Soniyi in Abuja, 08.02.2010

Monday, August 2, 2010

Less than a year after the death of the social crusader, Chief Gani Fawehinmi, SAN, there is crisis brewing in his family over the execution of the Will he left behind.Fawehinmi died September 4 2009. In his Will, he appointed First Trustees Nigeria (Nigeria) Limited to hold his properties in trust for the beneficiaries.



The crisis has pitched his eldest son , Muhammed Fawehinmi, against the executor of his will, First Trustees (Nigeria) Limited, in a battle of supremacy.The crisis started when the executor of the will got all banks' accounts of the Nigerian Law Publications Limited (NLPL) and other companies owned by the late Fawehinmi frozen, thereby denying Mohammed, the Executive Chairman of the NLPL access to the accounts.

Mohammed is challenging the decision of the executor in freezing the accounts, arguing that he was duly elected as the Executive Chairman of the publications at a board meeting attended by his late father shortly before he died.

He also wants the executor to recognise him as the Executive Chairman.An originating summons issued at the Federal High Court in Lagos by Mohammed reads, "Let the defendant, First Trustees (Nigeria) Limited of 42, Marina Lagos, within 42 days after service this summons on them which is issued upon the application of the plaintiff C/o Gani Fawehinmi Chambers, 35 Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos within the jurisdiction of this court who claims for the determination of the following questions."

He claimed that the operations of the companies left behind by his father had become difficult because of the frozen banks' accounts.

In paragrph 26 of an affidavit he attached to the summons, Mohammed averred thus, "That no production of weekly law reports for the period of May when April 2010 staff salaries were delayed and not paid on time and for failure to release the productivity bonus accruable to the factory operatives of the Books Industries Nigeria Limited. This is the first of its kind since the late chairman set up the company."

Mohammed is asking the court to determine a single question, to wit, "Whether by virtue of the meeting of the board of directors of the NLPL which took place on the 25th of August 2009 and resolution of the board appointing the Plaintiff (Mohammed) as Chairman, the defendant in the absence of the registrable documents and the confirmation of that resolution by the company secretary, should recognize and confirm that the Plaintiff is the Executive Chairman of the NLPL duly appointed by the resolution of the board meeting held on the 25th August, 2009?

Mohammed is seeking an order of perpetual injunction restraining First Trustees Nigeria Limited from overriding the decision and resolution of the board of directors of the NLP appointing him as the Executive Chairman of the board in the resolution of the board dated 25th August, 2009 as recorded by the company secretary in the person of Messrs. Adetola Akinsilure.

He also asked the court to declare that having duly appointed him to function in the capacity of executive chairman on the board, the interests and the policies which the late chairman, Chief Gani Fawehinmi, SAN wanted in preservation of his legacies would be easily achieved as all members of the staff and family as beneficiaries of the will have gladly acceded to, and he the applicant has been functioning in that capacity.

Relief five reads, "A declaration that the freezing of the accounts of the NLPL, Books Industries Nigeria Limited and the Gani Fawehinmi Chambers by the defendant in various banks when they assumed the position of trustees without appropriate notification clearly altered the life long policies of the late Chairman, stalled the functions of the three companies and the competence to function for a short period.

First Trustees has however applied to the court for a stay of proceeding.It argued that the will in dispute provided for arbitration. That the proper action for Mohammed to take in case of dispute was to refer the matter to arbitration.The case comes up today (Monday) before Justice T. Tsoho of the Federal High Court in Lagos.

http://odili.net/news/source/2010/aug/2/212.html