By Olasunkanmi Akoni
A High Court, sitting in Lagos, Ikeja, has ordered the Nigerian Navy, NN, to show evidence of payment of entitlement and benefit of the late retired Rear Admiral Ndubuisi Kanu, a former Military Administrator of Lagos, MILAD, to an interest yielding dedicated account.
The trial judge, Justice Christopher Balogun of the High Court, in Ikeja, gave the order in an ongoing proceeding of a suit filed by one of the widows, Mrs. Gladys Ndubuisi Kanu, on Thursday.
In the suit, marked LD/3685FPM/2021, Gladys is seeking to be declared as the only legal wife of the late Rear Admiral Ndubuisi Kanu.
The respondents in the suit are: the first wife – Christine, Josephine Ndubuisi Kanu and children of the deceased, Kelly Kanu, Nigerian Navy, Simone Abiona (Nee Kanu), Andrey Joe-Ezigbo (nee Kanu), Paula Kanu and Karen Johnson (Nee Kanu), Jeffery Kanu, Laura Kanu and Stephen Kanu.
Gladys also sought for an order of the court to declare that she is the only widow of the late Ndubuisi.
She said she and the deceased were co-habiting until his death, noting that she was married to him for 27 years but she was with him for 31 years.
At the resumed hearing, Counsel to the claimant, Wale Adesokan, SAN, had also sought for an order of the court joining the probate registrar of the High Court in the suit, but the registrar said she has not been served.
The second respondent counsel, C.G Cirbam informed the court that NN is seeking that the court struck out its name from the action.
Justice Balogun requested for a proof of payment of entitlements in the instance.
He queried, “How do we know whether his gratuity has been paid?
“It is as if you are hiding something. What you should have done is to show us the evidence and leave the matter and let the family battle their matter.”
The judge stated, “You can not pay gratuity twice and you can not pay pension when he has passed on, everybody knows that.”
“Nigeria Navy, you are still here for some more time and be very patient. “Do you have any other work you do apart from war? “
Also, O.A Shodimu, counsel for the first, third to the ninth defendant, who also held brief for the 10th defendant, prayed the court for extension of time to respond to the application.
Meanwhile, the judge adjourned the proceeding till Monday, 16, 2022 for hearing of pending interlocutory injunction to join or add the probate registrar to the action.