Monday 1 February 2021

Very Wise and Commendable Judicial Activism

Recently a video was circulated showing a scenario where a deceased man gave out much of his Estate to the Nanny of the house, and not to his legally married wife. Reason being that the wife neglected him while he was so k and dying over many months. It was the Nanny who endured all the challenges of nursing the man, and never complained throughout. So in his Last Will the man gave over 60% of his assets to the Nanny. Of course the wife would not hear anything like that. She started questioning the Will.

That's the background to the comments below. Happy reading:

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Almost a case of slightly similar facts played out on Wednesday 27 at Lagos High Court, Ikeja before Justice Oluyemi, Femi Falana SAN and Owonikoko SAN were in serious heated argument over a case in which two wives of a deceased are seeking a court order to stop his corpse lying in morgue presently to be buried. The man died 9 months ago. The first wife married to the deceased 35 years ago but they were separated thereafter after having had 5 children. For a larger part of the 35 years the second wife cohabited with the deceased. She has one daughter with him. The two wives, some of the children and family members were present in court. The second wife claimed she was the one living with the deceased, cooking for him, taking him to hospital, paying his medical bills and being with him towards his last days . 

The first wife claimed she was still legally married to him even though separated. She is laying claim to the corpse of the deceased.

Justice Oluyemi, I doffed my cap for her. I said it openly in the court. She stopped the proceedings for a while and urged the two silks to forget about legal technicalities. She addressed the two wives and the family. She directly appealed to them to allow the corpse of the deceased to be buried. She went deeply spiritual and philosophical about life. She said the soul in the body in the morgue has gone and that the body in the morgue is lifeless. What then are the two wives fighting over? She told the court that she is personally interested in the case because she came from a polygamous background with wives and many children. She said she has 26 siblings. She said from experiences she doesn't fight over anything in life. She said she made up her mind before getting married that she was going to embrace the worst and accept it even if her husband married many wives or have girl friends. She said her underpinning philosophy has always been to have inner joy and happiness. She asked rhetorically " What are we really seeking for in life? What are problems of women?  " 

She said no human being comes into this World by accident or mistake whether born out of wedlock, in legal marriage or a polygamy or adopted. According to her a child is a child and creature of God. She rose and called the two wives , two SANs and members of the family to her Chambers. She maintained that the corpse must be buried and the dispute must be settled. She was with the two wives, the two silks and the family for almost two hours. When she resumed sitting she read out the terms of settlement and the two wives have agreed to allow the corpse of their husband to be buried at a date in February this year. All the Lawyers in court including myself showered encomiums on her. I particularly noted that her likes should be appointed more to the bench. She has uncanny sagacity beyond human legal technicalities.

Therefore getting angry over anything doesn't solve any problem, it will only excercibate it!! 

Women particularly cool your tension!!

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