Late justice’s daughter demands siblings’ DNA test in 14 days
Ann Bello, the daughter of a former President of the Abuja Customary Court of Appeal, the late Justice Moses Bello, has given the executors of her father’s will fourteen days to conduct a Deoxyribonucleic acid (DNA), test on all her father’s children or face criminal charges for breach of trust.
Ann in a notice dated February 26, 2025, through her counsel, Victor Giwa, informed the will executors that following the judgment of Justice Zubairu of the FCT High Court, Kurudu in Abuja, which declared the codicil of her late father invalid, the orders in her late father’s last will, which is the only valid document of his last statement stands binding on all parties involved.
PUNCH Online reports that Ann had sued the executors of her father’s will, contesting the manner in which his properties were distributed.
Ann in her suit disagreed with the adopted sharing formula of 4.16 per cent as against the 11.11 per cent instructed by her late father.
She prayed the court to declare that she is entitled to a share of 1/9 or 11.11 per cent of all her late father’s assets of shares and stocks.
Ann relying on paragraph 2 of her father’s Codicil argued that the sharing formula as contained in the will has been altered.
The judge, however, dismissed the suit noting that the Codicil is made in pursuant to the will and for a codicil to be valid and admissible it must meet the requirements and formalities of a valid will.
“Though titled Codicil, to me, it doesn’t qualify as a Codicil as it does not satisfy the requirements of section 9 of the will’s act,” the judge said.
Ann, in the notice addressed to the will executor, the parish priest of Christ the King Catholic Church, Okene, Rev. father Ezekiel Awolumate, noted that conducting a DNA test remains a precondition for all of her Father’s children to be entitled to their inheritance as stated in the will.
The notice read “We are Counsel to Ann E. Bello, one of the beneficiaries and heirs of Late Honourable Justice Abu Moses Bello, hereafter referred to as “our client”.
“It is the instruction of our client that after the death and the reading of the Will of her late father, you in conjunction with other members of the family of Mrs. Mary O. Bello, her stepmother, conspired amongst yourselves to intentionally disinherit her from her inheritance in her late father’s estate.
“It is our client’s position that following the Court’s judgement delivered on the 5th February of 2025, coram Hon. Justice Zubairu of the FCT High Court, the codicil of her late father having been declared as mere paper is no longer operational and valid.
“Consequently, The last Will is the only valid document and last statement of our client (late father, which remains binding on you as the executors and other parties.”
The notice further read “We therefore demand that in line with paragraph 5(a)(i) of the last will of Honourable Justice Abu Moses Bello, you conduct a DNA test for Joseph Asuku Bello and 6 others. This remains a precondition for the entitlement of their inheritance under the WILL, failure of which they should be dispossessed of all monies, properties and inheritance assigned to them from the last will of Honourable Justice Abu Bello.
“We are by this letter serving you a 14-day notice for the conduct of DNA test or state the step(s) to be taken in compliance with the Will.
“Take Notice that we shall not accept any alienation, sales or dealing with any property or asset under the WILL forthwith.
“Take Further Notice that we shall press criminal charges against you and other persons affected by the provisions of the WILL should you fail, refuse or neglect to comply with this notice.”
