By Enyeribe Ejiogu
Despite the certainty of death, a good number of men bristle at the suggestion to protect their families from destitution, when the wife and children are dispossessed of his assets by greedy, wicked near kins, in the event of the sudden demise of the man.
There have been instances where a wives who suggested to their husbands to write their Will have been reported and summoned by the “Council of Kinsmen” of the man and accused of plotting to kill him. Hardly would such wives escape the harsh judgement of the kinsmen and the Daughters of the Kindred.
In this interview, erudite legal practitioner, Ajuzie Osondu, sheds light on this sensitive issue and other issues related to the legal profession in the country
Please give us a snapshot of yourself. Where did you study Law and how long have you been practicing?
I studied law at the prestigious University of Lagos, Akoka, Yaba, where I obtained a Bachelor of Laws (LL.B) Degree in 1998. I also hold Double Master of Laws (LL.M) Degrees; General LL.M from University of Lagos Akoka, Yaba and Specialized LL.M in Maritime and Commercial Law from Lagos State University, Ojo respectively. I also hold a Diploma in International Environmental Law from the United Nations Institute for Training and Research (UNITAR). I was called to the Nigerian Bar in the year 2000 with a Barrister-at-Law (BL) Degree. I have practised law for about 23 solid years by this year 2023. I am a Notary Public for Nigeria having been appointed in 2008.
Why did you study Law?
I studied law to actualize my natural hatred for injustice. I had a childhood friend by name Cindy who is now late. He had to nick-name me Mr. Illegal when we were very young, when I had never thought I would ever become a lawyer. The reason be nick-named me Mr. Illegal was because whenever I see people doing something that affects other people negatively, the common language I usually employ is the word “illegal” – “this is illegal” would always be my natural response without caring whether that was the right word or not. So I want justice to be done to all manner of people – rich, poor, big, small, without discrimination. That is why I studied law.
The natural desire of good lawyers is to become senior advocates by clear, absolute merit and not through quota system or political consideration. Since you began practising law, how have you been advancing intellectually and professionally to achieve this?
There are about 13 strict requirements for the conferment of the rank of a SAN in Nigeria. These include being a Nigerian citizen, having practised for at least 10 years as a lawyer, being of good and impeccable character and integrity, evidence of appearance before superior courts of record – the High Courts, Court of Appeal and the Supreme Court; and having standard law firm with good library, payment of tax and practising fees, and for academics, submission of 20 copies of published outstanding legal works, amongst other requirements.
Intellectually and professionally, I have been advancing fast to the attainment of the rank of a SAN. Professionally for instance, I have practised for over 20 years as a lawyer and intellectually I have written a number of authoritative and professional law books which have been published and in use in academic circles.
In what specific ways would you say you have contributed to the body of legal knowledge in Nigeria?
As I indicated earlier, I have really contributed to the body of legal knowledge in diverse areas of law. In the area of environmental protection, I authored the book titled, “Our Common Environment: Understanding the Environment, Law and Policy.” In the area of family, I authored another book titled, “Modern Nigerian Family Law and Practice.” In the area of corporate law, I authored the book “Modern Nigerian Law and Procedure of Meetings.” In the area of maritime law, I authored another book titled, “Modern Maritime Law and Practice in Nigeria.” I am currently researching on a book titled, “Comparative Oil and Gas Law” wherein I am comparing the Nigerian jurisdiction with five other jurisdictions, including the United Kingdom, Canada, United States of America, Russia and Norway.
In Nigeria, most lawyers have essentially abandoned civil litigations and gone into real estate management and such other areas. What reasons can you attribute for this?
Well, I would disagree with the expression “most lawyers,” although some lawyers do focus more on real estate practice. There are some lawyers who are not too comfortable with going to courts and face the Judges and Magistrates. Some feel there is more money in real estate practice than in litigation. So there are many reasons for that trend. However, a good lawyer should be grounded in legal practice which is the main calling of a lawyer than any other side attraction like real estate.
What steps can be taken to remedy this situation?
I believe that the choice of area of practice should be left for lawyers to make, provided that they keep to the ethics of the legal profession. Some clients also contribute in frustrating lawyers from practice in terms of litigation. There is this slogan in legal circles which says “Eradicate Poverty, Pay Your Lawyer”. Some clients do not want to pay their lawyers and many do not want to pay commensurate fees for service rendered. So the practice of short changing lawyers by clients needs to be curtailed. There is also the need for lawyers to know how to price themselves appropriately in terms of charges for their services. The Nigerian Bar Association should ensure uniform regulation of fees chargeable by lawyers for various services rendered to clients and lawyers need to strictly comply with such rules so as not to short change themselves.
Now, let’s talk about Probate Law. Why do Nigerians show reluctance in writing wills to protect their families in the event of sudden death?
There is this general misconception by Nigerians that writing a Will is an indication that the testator is about to die. So, you dare not suggest to a client to make a Will. Wives who dare make such a suggestion to their husbands end up being accused of wishing their husbands death. This has discouraged people from making Wills and has created serious problems for families following the death of the man, who in most cases is the bread winner of the family. This is quite unfortunate because husbands who fail to make Wills deny themselves of the opportunity of speaking from the grave concerning how their estates will be distributed after their death. One of my clients recently lost the opportunity of speaking from the grave; he came to my office and signified intention to prepare his Will and I furnished him with all the information he needed but he never came back to complete the Will process. Quite unfortunately, he died intestate one year later. The issues that will arise from this could have been avoided if he had completed the Will process.
It is generally believed that when a wife dies, her husband automatically inherits her assets. Does the law agree with this?
Unfortunately, the position of both customary and Statute law is at sharp variance with this general belief that husbands automatically inherit the assets of their wives after the demise of their wives. Under customary law, husbands cannot inherit their deceased wives’ assets; rather, it is the children that inherit the assets of their mothers. Where the woman died childless, then the siblings or her parents would inherit their assets. Furthermore, under Statute law, Section 1 of Married Women’s Property Act which is an 1882 English Statute of General Application in Nigeria, empowers a married woman with the right to acquire, hold and dispose of by will or otherwise, any real or personal property as her own separate property. The case of Aderounmu v. Aderounmu (2003) 2 NWLR, Part 803, p.1 illustrates this point.
Assuming such a wife made a will to dis-inherit the husband and bequeath her assets to her children or siblings, can the husband legally challenge the will?
If a married woman disposes her assets or part of it to her husband by her Will, nothing stops the husband from being a beneficiary of her late wife’s estate, provided the wife did so under a sound and disposing mind and not being under compulsion or undue influence. However, where there is cogent evidence that the wife was not of sound and disposing mind at the time she made the Will, or that she was under compulsion or undue influence of the husband or any other person to do so, then these are grounds under which such will could be successfully challenged in a count of law with such cogent evidence.