L-R: Aderemi Olaleye, Justice Abdul Fattah Lawal, Dr Femi Olaleye
Lagos State High Court sitting at Ikeja has adjourned the legal tussle between leading cancer care specialist, Dr. Femi Olaleye and his estranged wife, Mrs. Aderemi Fagbemi Olaleye, to June 13, 2025, for continuation of hearing.
CITY LAWYER recalls that Dr. Olaleye had dragged his estranged wife to court in the suit marked Suit No. ID/7697/GCM/2023NH seeking revocation of a trust account opened with FBN Quest Trustees Ltd which he allegedly opened under duress.
Also joined as 2nd and 3rd Defendants are FBN Quest Trustees Ltd and Registrar of Titles, Lagos State. The case turns on Dr. Olaleye’s prayer urging the court to revoke a trust account which he allegedly opened under duress.
At the resumed hearing of the matter last Friday, Mr. Yinka Muyiwa, Lead Counsel for Dr. Olaleye, told the court that the Claimant intends to file a Reply to the 1st Defendant’s Statement of Defence as well as a Defence to her Counter-claim.
Property marked with Court Bailiff
On its part, the 1st defendant, with Bamidele Ibironke SAN as her Lead Counsel, raised concerns over alleged mass media publications regarding the case. He also referenced media reports on Mrs. Olaleye’s alleged refusal to honour police invitation in connection with a fraud and forgery complaint to the Inspector General of Police by Dr. Olaleye.
However, since the defence counsel did not object to the application for adjournment, the court adjourned the matter to June 13, 2025 for continuation of hearing.
CITY LAWYER recalls that the presiding judge, Justice Abdulfattah Lawal had on January 8, 2024, granted a pre-emptive order restraining the defendants from leasing, selling, advertising for sale, assigning, or dealing with the disputed property situate at 17 Layi Ogunbambi Close, Maryland, Lagos pending compliance with the Pre-Action Protocols by the Claimant.
Disputed property
In compliance with the court order, bailiffs from the Lands Division of the court had marked and posted notices on the disputed property.
Dr. Olaleye seeks the revocation of a trust account opened with FBN Quest Trustees Ltd, arguing that the account was opened under duress and while he was undergoing trial for a case that has been determined in his favour by the Court of Appeal.
He contended that while in police detention concerning investigation over a complaint brought by his estranged wife, “the 1st Defendant caused a Trust Account Opening Form with the 2nd Defendant to be brought to the Claimant for execution in prison.
“The Claimant avers that the Trust Account Opening Form was already partly executed by the 1st Defendant on the 13th of April, 2022 before same was brought to the Claimant for execution as an alleged condition for amicable resolution of all issues without any need to go to trial on the allegations against the Claimant.
“Also, a blank Land Form 1(c) for approval/consent to assign interest in land was presented to the Claimant for execution along with the Trust Account Opening Form. The Claimant was neither given a copy of the Land Form 1(c) which the Claimant executed nor was the beneficiary of same disclosed to the Claimant.
“The Claimant avers that it has never been his intention to create any alleged trust over his property and assets in favour of any person including his children whilst he is still alive neither was it that (sic) Claimant’s intention to assign his interest in the property at any point in time to any person howsoever particularly as the Claimant has other children asides the children of his marriage with the 1st Defendant which he caters for.”
Dr. Olaleye prayed for “A DECLARATION that the Notice of Revocation/Rescission of Trust Mandate dated the 8th of December, 2023 revoking the trust mandate and account purportedly created and opened with the 2nd Defendant on behalf of the Claimant is valid, subsisting and binding on the Defendants.”
Among other reliefs, he also prayed for “AN ORDER of perpetual injunction restraining the 1st and 2nd Defendants, their privies, assigns, successors in title, agents, representatives or whosoever acting for or through them from further taking any steps or acting in furtherance of the alleged Trust Mandate allegedly executed by the Claimant and revoked/rescinded vide the Notice of Revocation/Rescission of Trust Mandate dated the 8th of December, 2023.”
On her part, Mrs. Olaleye avers in her Statement of Defence “that the Matrimonial property was jointly acquired as carcass (Block work only) in 2016 from the developer, Mr. Ademola Odutola (Upney Limited) and the property was jointly developed by herself and the Claimant between April 2016 and August 2019.”
She further avers “that several understandings between herself and the Claimant concerning the trust in favour of their children were agreed upon when the Claimant was a free man and not when he was incarcerated.”
She then concluded that the lawsuit was “frivolous, vexatious and a waste of time of this Honourable Court and should be dismissed with substantial costs.”
In a counter-claim by Mrs. Olaleye, she prayed the court for a declaration that the Memorandum of Understanding between her and the Claimant dated 14th April, 2022, is valid and binding.
She further prayed for “AN ORDER upholding the trust created for the benefit of the children of the marriage as valid and existing.”