Judge Attempts to Mend Feud Among FRA Williams’ Children

Justice Samuel Oseji of the Court of Appeal in Lagos Monday tried to seek a compromise amongst the four feuding children of the legal luminary and Nigeria’s first Senior Advocate, the late Chief Frederick Rotimi Alade Williams.

Justice Oseji, while delivering judgment in a suit filed by the two elder sons of the late legal icon, Ladi and Kayode, urged the four children to reflect on their childhood years when they ate together from the same plate and table. He further advised them to shun mundane riches that will perish and focus on their brotherhood.

He urged them to consider their childhood relationship and reflect on what their parents would have felt seeing them bickering over their legacy.

The judge, who read the lead judgment, stayed proceedings in the suit instituted by Ladi and Kayode against their younger brothers, Folarin and Tokunbo, over the estate left behind by their father.
He faulted the decision of the lower court that the arbitral clause did not extend to all disputes arising from the estate of the late FRA Williams and held that the family agreement specifically stated that it covered all the estates of the legal luminary.

The court held that the suit instituted by the claimants was based on FRA Williams’ will dated June 22, 1954, which dealt with the distribution of his estate, being the subject matter of the family agreement.

The court held that the Arbitration and Conciliation Act, Laws of the Federation of Nigeria, makes arbitration agreements irrevocable and binding on the parties to the agreement.

Consequently, the appellate court allowed the appeal filed by Folarin and Tokunbo and set aside the ruling of Justice Olubunmi Oyewole, which refused to stay proceedings in the suit.

The appellate court, in a unanimous decision, ordered the children of the legal icon to embrace arbitration as contained in the family agreement entered into by the children on November 25, 2005.

Justice Oyewole had held in his ruling that contrary to the contention of the defendants, the arbitral clause did not extend to all disputes arising from the estate of the late FRA Williams but was only limited to disputes arising from the said family agreement.

Dissatisfied, Folarin and Tokunbo had appealed against the ruling and prayed the court to uphold the family agreement voluntarily entered into by the parties.

Ladi and his immediate younger brother, Kayode (claimants), had in the suit prayed the court to give effect to the will dated June 22, 1954 left behind by their late father.
The claimants submitted that the said family agreement was executed at the material time based on facts then believed by the claimants to be true, contending that the said agreement violates Section 18 of the Administration of Estates Law as well as Order 55 Rules 3 and 4 of the High Court of Lagos State (civil procedure) Rules.

They submitted that the said family agreement was procured by fraudulent misrepresentation and non-disclosure of material facts and was consequently rescinded by the claimants, thereby rending it null and void.

However, the defendants (Folarin and Tokunbo), by a motion on notice dated May 24, 2011, had asked the court to stay further proceedings in the suit in favour of arbitration under the Arbitration and Conciliation Act, 2004.

The defendants had through their counsel, Mr. Maduagwuna, argued that the subject matter of the suit was about the distribution of the estate of the late father of the parties, adding that all the parties had entered into an agreement.

They maintained that the said agreement contained an arbitration clause and that the court should in accordance with the said arbitration clause order stay of proceedings and referred the parties to arbitration.

The claimants urged the court to dismiss the application and assume jurisdiction.

Upon the death of FRA Williams in March 2005, his four surviving sons had purportedly entered into an agreement on the distribution of their father’s estate based on the belief that their father died intestate (not having made a legally valid will).
However, while an action for obtaining Letters of Administration in respect of their father’s estate was pending, the probate registry of the High Court of Lagos discovered that the late FRA Williams died testate, as his will deposited at the registry was uncovered. But Folarin and Tokunbo refused to accept the will.

Surprisingly, shortly after the judgment and admonition by Justice Oseji, Ladi (the eldest son) had urged the court to make copies of the judgment available, adding that he would challenge it at the Supreme Court.