A High Court in Enugu has ruled in favour of Bianca Odumegwu-Ojukwu, the widow of Biafra leader Dim Chukwuemeka Odumegwu Ojukwu, in a lawsuit brought by Chief Debe Odumegwu Ojukwu.
Chief Debe Odumegwu Ojukwu had claimed to be the first son of the late Dim Ojukwu and sought to be declared as such by the court. He also sought to prevent Bianca Odumegwu-Ojukwu from interfering with the administration of the late Dim Chukwuemeka Odumegwu Ojukwu’s estate and declared that the late Ojukwu died without a will. Furthermore, he claimed entitlement to the late Ojukwu’s estate.
The court’s decision comes after a lengthy legal battle that began in 2013 when Chief Debe Odumegwu Ojukwu challenged the validity of the late Ojukwu’s will. The late Ojukwu did not mention or acknowledge him as his son in his will. The court was tasked with determining whether Chief Debe Odumegwu Ojukwu had enough evidence to prove that he was acknowledged as the deceased’s son. The court also had to evaluate the validity of the late Ojukwu’s will and whether Chief Debe Odumegwu Ojukwu’s children were entitled to benefit from the estate.
Before the judgment was delivered, Chief Debe Odumegwu Ojukwu passed away in 2018. His two daughters, Nene Grace and Obianuju Sarah, applied for substitution in the case, which was allowed by the court despite opposition from the defendants’ counsel.
In delivering the judgment, Justice A.O. Onovo stated that Chief Debe Odumegwu Ojukwu was not able to prove that he was recognised by the late Dim Chukwuemeka Odumegwu Ojukwu as his biological son during his lifetime. Justice Onovo also stated that public opinion alone cannot determine the paternity of a child born out of wedlock. Furthermore, the court held that the late Ojukwu’s will and codicil were properly and validly made.
Regarding the children of Chief Debe Odumegwu Ojukwu’s right to challenge the will, the court held that they must first prove that they are the grandchildren of the late Dim Chukwuemeka Odumegwu Ojukwu and entitled to the benefits of the will. Since their father failed to prove that he was the son of the late Ojukwu, the children have no beneficiary interest in the estate and therefore cannot challenge the will.
In conclusion, the court ruled in favour of Bianca Odumegwu-Ojukwu, upholding the validity of the late Ojukwu’s will and denying the claim of Chief Debe Odumegwu Ojukwu and his children to the estate.
