By Ogbonna Casmir, Enugu
It appears the embattled Enugu Lawyer; Mr. Peter Nwabunike Eze is in for more troubles for alleged forgery of the Last WILL of Late Arc. Anosike Paul Chidebe Iloabachie which set the family into legal battle.
It was gathered late Arc. P. C. A. Iloabachie had a WILL date 15th September, 2007 and deposed at Enugu probate Registry but Mr. Eze allegedly made another WILL dated 27th October, 2009 and smuggled into probate registry bringing in conflict with the earlier deposed WILL.
This set the family members of Late Iloabachie into suspecting one another leading to Barr. Mrs. Adiba Chizoba Ezeuko, and Mrs. Nwabogo Ebele Nwokedi as beneficiaries of the Estate of Late Mr. Anosike Paul Chidebe Iloabachie suing Probate Registrar, High Court, Enugu; Lilian Ifenyinwa Iloabachie; Oseloka Thomas Iloabachie; Jideofor Ugochukwu Iloabachie before the Enugu High Court in Suit No. E/159M/14.
Though the parties has settled to accept the WILL of 15th of September, 2007 as the valid and the only Last WILL of their late father and entered into a Consent Judgment, dated 14th of March, 2016, the case is far from over.
The presiding judge, Justice Innocent A. Umezulike said though the principal parties have come to agreement to settle the dispute out of court but it is trite that parties cannot by their compromise sweep under the carpet any indication of criminality in the entire transactions leading to authorship of the WILL of 2007 and 2009.
The court however renewed its earlier order of 22nd September, 2015 which directed the Commissioner of Police Enugu State to arrest and bring Mr. Peter Nwabunike Eze to the court for purposes of assisting this court under Order 55 Rule 6 of the High Court Rules 2006 to clear some or all the legal headache relative to the existence of two WILLS in respect of the Estate of Arch. A. P. C. Iloabachie.
The Court has adjourned the case to Monday 11th April, 2016 for Mr. Peter Eze’s Cross-examination in the case.
Meanwhile the Consent Judgment, reads; “upon this application coming up today for report of settlement in which the principal parties have come to agreement to settle the dispute out of court. And after hearing the submissions of I. Aroh for the applicants, U. Chukwu and M. U. Izuegbunam with him in the brief, David Agbo for the 1st Respondent. Chief G. Tagbo Ike for the 2nd Respondent. Chief Chris Aghanwa for the 3rd party.
The court adjudge as follows:
“That Arc. Paul Chidebe Anosike Iloabachie made a will and last Testament of 15th September, 2007, and same have been unsealed and read on 30th day of October, 2013 at the probate Registry of this court.
“That the process for issuance of the Probate of the said WILL was on course before Counsel Peter Nwabunike Eze who had prepared the WILL for the testator declared that the testator had another purported WILL dated 27/10/2009.
“That the parties do not accept the said purported Last WILL and Testament of 27th day of October, 2009, and do hereby agree interse to continue pursuing the procurement of probate at the probate Registry, High Court of Enugu State, Enugu based on the earlier WILL of 15/9/2007.
“That for the avoidance of any doubt therefore, parties have also agreed to bound by the WILL of 15/9/2007 supra and would not contest any disposition or device made therein in favour of any person.
“That each party shall bear his or her own cost.”
