An FCT High Court has declared as null and void a Letter of Administration (Probate) which was granted one Kenneth U. Kelechi in 2020 based on a fake death certificate presented in order to claim the property of Kelechi Ugochukwu (Claimant in the present suit).
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In the judgement delivered by Hon. Justice A.H. Musa in the suit NO.: FCT/HC/CV/1382/2022, the claimant had alleged that while he was away to China, where he was domiciled, the first defendant who claimed to be his brother had approached the Probate Registrar of the High Court of the Federal Capital Territory, who was joined as a second defendant, seeking a letter of administration of the claimant property. The first defendant had forged a death certificate which he presented to the probate registrar claiming that the claimant had died in 28th of May, 2020.
Upon getting the Letter of Administration, he had approached the bank but the bank had delayed to give out the money in the account and had further freeze the account and this led the first defendant to institute an action against them tagged Motion Number M/9748/2020. They were seeking for an order of court mandating the bank to release the funds standing to the credit of the Claimant (who was alleged dead) to him, the 1st Defendant.
Determined to expropriate the property of the Claimant, the 1st Defendant, according to the Claimant, initiated contempt proceedings against the 3rd Defendant for its failure to disburse to the 1st Defendant the funds of the Claimant.
According to the judgment, the money that was said to be frozen was stipulated to be:
“Providing the particulars of his savings, the Claimant averred that he had the sum of Fifty-Eight Million, Five Hundred and Twelve Thousand, One Hundred and Sixty-Nine Naira, Forty-Four Kobo (₦58,512,169.44K) standing to his credit in Account Number 0024864050 and Four Hundred and Forty-Five Thousand, Eight-Eight Dollars, Eighty-five Cents ($445,088.85) both domiciled in the 3rd Defendant.”
Eventually, the Claimant’s wife, Mrs Onyinyechi Doris Ugochukwu and his elder brother, Bright Ekwem Ugochukwu got to know about the pendency of the suit by the 1st Defendant. Both of them deposed to affidavits of facts wherein they stated in their respective affidavits that the Claimant was alive and had been in touch with his family. This was duly communicated to the claimant upon which he came back.
Upon his return to Nigeria, the claimant had visited the bank branch of the 3rd Defendant (Access Bank) on the 7th of July, 2021 and was informed that his two accounts with the 3rd Defendant had been placed on a “Post No Debit” status as a result of the fraud of the 1st Defendant. It was on the basis of this information that he instructed his Solicitors to write to the 3rd Defendant to unfreeze his bank accounts. Responding to the
letter of the Solicitors, the 3rd Defendant supplied the Claimant’s Solicitors with the processes of the suits of the 1st Defendant and justified its corporate decision regarding the Claimant’s account.
The claimant had subsequently dragged both the first defendant, the Probate Registrar who had issued the Letter of Administration and the Bank; seeking amongst other things that the Letter of Administration be declared null and void and that the bank should be ordered to unfreeze his account. Shockingly, the claimant was neither in court nor was the processes properly filed to him directly. He was nowhere to be found. The court in rendering judgment had a granted the prayers of the claimant and had provided that:
1. THAT the Letters of Administration/Probate which the 2nd Defendant the Probate Registrar, High Court of the Federal Capital Territory, Abuja granted to the 1st Defendant Kenneth U. Kelechi on the 22nd July, 2020, over the estate of the Claimant in this suit Kelechi Ugochukwu, which grant was made pursuant to the purported certificate of death of the Claimant herein with Certificate No.: D130162315 dated 28th May, 2020 is null and void and of no effect whatsoever same having been obtained by fraud.
2. THAT an Order of Court is hereby made setting aside the said Letters of Administration and any Order fraudulently obtained by the 1st Defendant Kenneth U. Kelechi purportedly flowing from the Letter of Administration/Probate dated 22nd July, 2020 over the estate of the Claimant.
3. THAT an Order of Court is hereby made directing the 3rd Defendant to lift the Post No Debit Notice placed on the accounts of the Claimant domiciled with it, to wit: Account No.: 0024864050 with the sum of ₦58,512,169.44K (Fifty-Eight Million, Five Hundred and Twelve Thousand, One Hundred and Sixty-Nine Naira, Forty-Four Kobo) only and Account No.: 0024303214 with the sum of $455,088.65 (Four Hundred and Fifty-Five Thousand, Eighty-Eight Dollars, Sixty-Five Cent) and to unfreeze and to release to the Claimant immediately all the monies standing to the credit of the Claimant in the afore-mentioned accounts.
4. THAT the 3rd Defendant is hereby ordered to file a certificate or affidavit of compliance with Relief No. 3 above within seven days of the date of this Judgment.
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