The Costly Difference Exposed by the Dr. Tosin Ajayi Estate Battle
The case of Dr. Tosin Ajayi and his wife, Adenike, shines a light on a critical legal distinction that could affect anyone in a marriage. Although Dr. Ajayi and Adenike had not lived together for years, their marriage seemed to be over in the eyes of the public. However, when Dr. Ajayi passed away in April 2020, a seemingly simple question ignited a five-year legal battle: Were they still legally married? In June 2026, the Lagos State High Court ruled that Adenike Ajayi was the sole lawful widow of the founder of First Foundation Hospital and had the right to oversee his estate. The court dismissed rival claims from former beauty queen Helen Prest-Ajayi, but the case, which is now under appeal, highlights an essential truth for all married Nigerians: separation does not equate to divorce. Even years apart from your spouse does not end your legal marriage, and this single difference can determine who inherits everything.
The court did not reach this conclusion lightly. The fight leading up to the verdict was long and complex. Dr. Ajayi, who founded the First Foundation medical enterprise, passed away on April 26, 2020. His burial was delayed until February 2021, nearly ten months later, due to bitter disputes between his children from his first marriage and Helen Prest-Ajayi. Once the burial was complete, the courtroom battles began.
In September 2021, a Federal High Court in Lagos, under Justice Tijjani Ringim, granted Prest-Ajayi and her daughter several legal remedies, including a claim to 50 percent of the net assets of First Foundation Medical Engineering Company Limited, owned by Dr. Ajayi. This corporate suit became complicated due to issues of company control and was ruled in favour of Prest-Ajayi primarily because the other party did not contest the claims – and an unchallenged statement in court is considered as acknowledged. The court temporarily restrained Adenike from managing the company, making it appear as though Prest-Ajayi was victorious.
However, Adenike’s camp interpreted the ruling differently. Her children publicly dismissed the headlines claiming “50 percent,” stating that the order was merely interim – an allowance to pursue a claim, along with a temporary restriction on their mother, rather than a definitive division of the estate. Additionally, a separate proceeding in 2021 recognised both women as co-wives, which would later be a point of contention in the appeal process. Amid these developments, Adenike filed her own action in the Lagos State High Court (Suit No. ID/3364LM/21), seeking to be declared the only lawful wife entitled to administer her late husband’s estate.
This second case dragged on for nearly five years, filled with interlocutory conflicts, witness testimonies, and cross-examinations, including Prest-Ajayi being questioned by the lead counsel for the claimants, Kunle Adegoke, SAN. On June 17, 2026, Justice Oluwayoyin Odusanya delivered a judgment crucial to the outcome: Adenike was deemed the sole lawful widow, her statutory marriage to Dr. Ajayi had never been dissolved, and Prest-Ajayi’s assertion of a Kalabari customary marriage failed due to lack of credible evidence. The very next day, Prest-Ajayi and her daughter filed a notice of appeal and sought a stay of execution, indicating that the final say may not have been had yet.
Nonetheless, the principle established by the High Court is clear and critical. It highlights an essential point every married Nigerian should understand: being separated is not the same as being divorced.
What Does “Married” Mean in Nigeria?
Nigeria’s plural marriage system means that the type of marriage dictates a lot about subsequent rights and obligations. A statutory marriage, often referred to as a “court” or “registry” marriage under the Marriage Act – is monogamous, signifying one spouse at a time, exclusively. In contrast, customary and Islamic marriages allow for multiple wives. This key fact about the Ajayi marriage being statutory drove the entire legal dispute.
Separation vs Divorce in Nigeria: The Three Situations People Confuse
This is where many people misunderstand the legal nuances:
Informal Separation: Simply moving out and not communicating anymore does not change your marital status. You remain legally married.
Judicial Separation: If there is a court order allowing you not to live together, that is a judicial separation under sections 39 to 45 of the Matrimonial Causes Act of 1970. This allows for a separation of living arrangements but does not dissolve the marriage itself. You will still be unable to remarry.
Separation Deed: Even if you sign an agreement that divides assets and arranges for children’s care, it is just an agreement, not a divorce, as per section 48.
Ultimately, the only way to dissolve a statutory marriage while both spouses are alive is through a decree of dissolution from a High Court. As highlighted by the Ajayi court, no amount of separation, regardless of duration, can terminate a valid marriage. Even after 35 years apart, you are still legally married. Understanding these distinctions is crucial for preserving rights and ensuring proper legal standing, especially in matters of inheritance and estate management.
Grounds for Divorce in Nigeria: What the Law Actually Requires
In Nigeria, the foundation for divorce is outlined in Section 15 of the Matrimonial Causes Act. The sole ground for divorce is that the marriage has broken down irretrievably. To establish this, you must demonstrate at least one of the eight facts listed in Section 15(2). These include:
- that the respondent has willfully and persistently refused to consummate the marriage
- Adultery that is deemed intolerable by the petitioner
- Behaviour that one cannot reasonably endure
- Desertion for a year
- Living apart for two or three years, depending on the circumstances
It is important to note that under Section 30, courts generally do not accept petitions for divorce within the first two years of marriage unless special permission is granted. Furthermore, only a State High Court or the High Court of the Federal Capital Territory can issue a divorce decree.
Once a decree is granted, Section 33 comes into effect, signifying the end of the marriage and allowing parties to remarry.
However, there is a significant catch: while “living apart for three years” can lead to divorce, it requires someone to officially file for it and for a court to render a decision. For example, the Ajayi family never initiated this process. As a result, the years passed, the estrangement deepened, and, legally, nothing changed.
Bigamy in Nigeria: What Happens If You Remarry Without a Divorce?
In Nigeria, statutory marriages are monogamous, meaning that neither spouse can validly remarry while the first marriage is still in effect. According to Section 35 of the Marriage Act, a person already married under this Act cannot contract a valid customary marriage during that union.
Crossing this boundary can lead to criminal charges. Section 370 of the Criminal Code (which applies to southern states, including Lagos) categorises bigamy as a felony, carrying a potential punishment of up to seven years in prison. In northern states, Section 384 of the Penal Code applies. Additionally, Sections 46 and 47 of the Marriage Act impose penalties of five years for anyone attempting to mix statutory and customary marriages. It’s crucial to understand that any bigamous marriage is null and void from the start, leaving the second “spouse” without any legal rights.
In the context of the Ajayi case, even if there were evidence of a Kalabari marriage, the court found that it did not meet the criteria due to inconsistencies. Prest-Ajayi’s claim faced a further obstacle: the evidence showed she was still married to a former spouse at the relevant time. These legal barriers are critical; you cannot enter into a new marriage while still bound by an existing monogamous one.
The Financial Fallout of an Unresolved Marriage
There’s a financial dimension to all this that most people never think about. Without a valid will or a finalised divorce, the estate is divided according to intestacy laws determined by the relevant Administration of Estates Law. In this scenario, the State High Court recognised Adenike’s right to one-third of the personal estate. More crucially, it granted her letters of administration, which provide the legal authority to control a deceased person’s assets. For someone whose name was linked to a hospital, a company, and various shares, this authority is immensely valuable.
Implications of an estranged marriage that has not been legally dissolved:
- A separated, but not divorced spouse can still inherit and may have the power to exclude others from accessing the estate.
- A partner who was never legally married may find themselves with no claim to any assets, regardless of the duration of the relationship or the presence of children.
- Ownership of company shares, property, pensions, and control over a business can hinge upon the marital status of the parties involved.
And this situation can unfold publicly, affecting not only the former partners but their children, staff, and clients.
A simple, valid will; a properly finalised divorce; or a securely stored marriage certificate could have transformed a potentially lengthy conflict into a straightforward resolution.
Do not gamble with Your Marital Status
Many disputes arise not from malicious intent but from good people who mistakenly believe that time, distance, or quiet agreements can resolve legal matters that only a court or a carefully crafted document can settle.
Our experienced family law and private client teams assist with everything from petitions for divorce and judicial separations to prenuptial agreements, wills, estate planning, letters of administration, and even the complex business succession issues that may arise when marital and business interests collide.
Reach out to us before issues escalate into a courtroom battle. Contact OAL team to schedule a confidential consultation.
Disclaimer: This article is based on publicly reported facts from Vanguard, Punch and Cable, and is not legal advice. The judgment discussed is subject to a pending appeal. For advice on your specific situation, please consult OAL directly.