Adenike Ajayi has been declared the sole lawful widow of the late Dr Ademola Oluwatosin Ajayi, founder of First Foundation Medical Engineering Company Limited, following a significant judgment delivered by the Lagos High Court in Ikeja on Tuesday.
Justice Oluwatoyin Odusanya ruled that the statutory marriage between Dr Ajayi and Mrs Ajayi remained valid until the renowned physician’s death on April 26, 2020, despite the couple having lived separately for several years.
The court held that separation does not terminate a marriage contracted under the Marriage Act and that only a valid divorce granted by a competent court can legally dissolve such a union.
The ruling effectively dismissed claims by former beauty queen Helen Prest-Ajayi that she was entitled to recognition and inheritance rights as the deceased’s surviving spouse.
Delivering judgment, Justice Odusanya reaffirmed a long established principle of matrimonial law, stating that physical separation, regardless of duration, does not bring a statutory marriage to an end.
The decision marks a major development in a family and inheritance dispute that has drawn public attention since Dr Ajayi’s death more than six years ago.
Court proceedings showed that Mrs Ajayi and her children sought declarations confirming that she remained the deceased’s only lawful wife and was therefore entitled to all legal rights accruing to a surviving spouse under the law.
They also urged the court to reject competing claims to the estate on the grounds that no dissolution of the marriage between Dr Ajayi and Mrs Ajayi had ever taken place.
Helen Prest-Ajayi had maintained throughout the proceedings that she entered into a customary marriage with the late medical entrepreneur under Kalabari Native Law and Custom.
She tendered documents, photographs and witness testimony in support of her position that she had lived with Dr Ajayi for many years and should be recognised as his widow.
However, the court found that the existing statutory marriage remained subsisting at the time of the deceased’s death and could not be displaced by subsequent arrangements.
The judgment is expected to have important implications for the administration of Dr Ajayi’s estate and the resolution of other pending matters connected to his assets and business interests.
The dispute has been closely followed by members of the public due to the prominence of the late doctor, who founded First Foundation Medical Engineering Company and became one of Nigeria’s most respected medical practitioners and healthcare entrepreneurs.
Public attention intensified shortly after Dr Ajayi’s death when some of his children demanded a formal probe into the circumstances surrounding his passing.
Acting through senior lawyer Femi Falana SAN, the children sought a coroner’s inquest and raised concerns regarding events preceding the death of their father.
That development triggered a series of legal battles involving estate administration, inheritance rights and the management of interests linked to the First Foundation group.
Legal analysts say the latest ruling represents a powerful reaffirmation of the distinction between separation and divorce under Nigerian law and may serve as a reference point in future inheritance disputes involving statutory marriages.
One of the central arguments accepted by the court was that a marriage remains legally binding until formally dissolved through due judicial process, irrespective of whether the spouses continue to live together.
As of the time of going to press, Helen Prest-Ajayi had not publicly responded to the judgment. It was not immediately clear whether she would challenge the ruling at the appellate court.
While parties retain the right to appeal, the judgment marks a decisive moment in one of the most closely watched inheritance disputes involving a prominent Nigerian medical family in recent years.
Ojelabi, the publisher of Freelanews, is an award winning and professionally trained mass communicator, who writes ruthlessly about pop culture, religion, politics and entertainment.
