4th June, 2010
I, Ganiyu Oyesola Fawehinmi, otherwise known as Gani Fawehinmi, Legal Practitioner of 35, Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos State (Nigeria), hereby make this Will dated 19th day of December 2008.
1. I revoke all earlier Wills and other testamentary dispositions made by me
2. (A) I appoint First Trustees Nigeria Limited a subsidiary company of First Bank of Nigeria Plc, of 42/43 A.G. Leventis Building, Marina (2nd Floor) Lagos, as my Executor and Trustee.
(B) In this Will, the expression â€˜Trusteeâ€™ or this â€˜Willâ€™ and of any trust arising under it.
(C) If for whatever reason my first choice of Trustee declines the appointment or otherwise refuses or neglects to act as such then I appoint Union Trustees Limited, a subsidiary company of Union Bank of Nigeria Plc, of 160/162, Broad Street, PZ Building (1st Floor), Lagos, as my Executor and Trustee of this will and in the event of failure or refusal of the Company to act as such, I appoint UBA Trustee Limited, a subsidiary company of United Bank for Africa Plc, of UBA House, 57, Marina (2nd Floor) Lagos.
(D) It is my desire that my Executor and Trustee of this Will should at any time be a Corporation or an Institution.
(E) My Trustee shall be remunerated in accordance with their published scale of fees current at my death as varied from time to time during the administration of any trust arising under this Will. The remuneration should however be reasonable and competitive with charges for similar service rendered by them to other parties.
(F) The Trust created under this Will shall be administered by my Trustee in accordance with the provisions of this Will.
3. (A) I direct my Executor and Trustee to ensure that I am buried (after all Muslim funeral rites have been performed and opportunity has been given to as many people as possible to view my corpse lying-in-state) in my house at Oka Road Ondo. My tomb should be located next to my motherâ€™s tomb in the compound.
(B) I deserve a decent burial. A special account has been opened at First Bank of Nigeria Plc, Moloney Branch in which reasonable fund is being kept to meet my funeral expenses.
(C) Upon my death, any three of the following persons but including Mojeed Ajao, that is: i. Mohammed Fawehinmi ii. Basirat Biobaku iii. Rabiat Fawehinmi and iv. Mojeed Ajao are to jointly draw money from the account to meet my funeral expenses. (D) A special instruction has been given to the Bank for this purpose.
(4) (A) My children by my wife (Mrs. Ganiat Bukun Fawehinmi) are:
a. Mr. Mohammed Fawehinmi
b. Mr. Saheed Fawehinmi
c. Miss Basirat Fawehinmi (now Mrs. Biobaku)
d. Miss Hafusat Fawehinmi (now Dr. (Mrs.) Oni)
e. Miss Kudirat Fawehinmi
g. Miss Simbiat Fawehinmi (now Mrs. Osho)
h. Mr. Mubarak Fawehinmi
(B) My children by Miss Abike Ikuomuyilo (Mrs. Abike Fawehinmi) are:
a. Miss. Rabiat Fawehinmi
b. Miss Aminat Fawehinmi
c. Miss Rukayat Fawehinmi
d. Master Yusuf Fawehinmi
e. Master Kamal Fawehinmi
f. Master Taju Fawehinmi
(C) My child by Miss Bushiral Alabi is Miss Aishat Fawehinmi
5. (A) I devise and bequeath my houses and landed property at Plot 9, Block S GRA, Ikeja otherwise known as Plot 9A & 9B, Ademola Close, GRA, Ikeja, Lagos (hereinafter referred to as Plot 9A & 9B Ademola Close GRA, Ikeja, Lagos (comprising six houses and a gate house) to: (a) Mrs. Ganiat Bukun Fawehinmi (b) Mr. Mohammed Fawehinmi (c) Mr. Saheed Fawehinmi (d) Miss Basirat Fawehinmi (now Mrs. Biobaku) (e) Miss Hafusat Fawehinmi (now Dr. (Mrs.) Oni) (f) Miss Kudirat Fawehinmi (g) Miss Idiat Fawehinmi (h) Miss Simbiat Fawehinmi (now Mrs. Osho) (i) Mr. Mubarak Fawehinmi.
(B) The houses and the landed property must not be sold in the life time of their mother and Mohammed Fawehinmi.
(C) In view of his disability, Mr. Mohammed Fawehinmi, my eldest child and son, can choose where he may wish to live in any of the houses or any part of the houses in the premises except the small bungalow at the back of the premises which I built for my late mother.
(D) The decision of Mohammed Fawehinmi on clause 5 (c) above cannot be overridden or changed by anyone.
(E) Subject to clause 5 (c) above, if any part of the houses is to be let or leased out, all the children by my first wife and their mother must agree to that effect.
(F) Subject to clause 5 (c) above, if all or any of the Houses and Landed property is to be sold all the surviving children by my first wife must agree to that effect.
(G) The small bungalow at the back of the premises which I built for my late mother in her life time should be reserved for the use of my sisters whenever they or any one of them visit Lagos. The keys to the bungalow should therefore be given to Mrs. Rufukatu Fashipe on behalf of any my sisters.
(H) My sisters to whom Clause 5 (g) above applies are:
1. Mutiatu Akinlami
2. Rufukatu Fashipe
3. Ibiola Fagbemi
4. Mayiwola Oluyemi. They cannot sell or let the bungalow. They are only given right of use when they visit the building or the premises.
(I) Upon the death of all my sisters listed in clause
5. (h) above, the bungalow shall revert to the children of my first wife.
6. I devise and bequeath my following houses and landed property at:
(A) 28, Sabiu Ajose Crescent, Surulere, Lagos:
(B) A storey building with old boysâ€™ quarters registered on 15/03/94 as No.43, at page 43 in volume 590 of the Land Registry at Akure, and
(C) Plot 138, Block XI in Ondo State Housing Corporation Estate, Ijapo, Akure (three bungalows) to: a. Miss Abike Fawehinmi, b. Miss Rabiat Fawehinmi, c. Miss Aminat Fawehinmi, d. Miss Rukayat Fawehinmi, e. Master Yusuf Fawehinmi, f. Master Kamal Fawehinmi, g. Master Taju Fawehinmi.
(D) The house at 28, Sabiu Ajose Crescent, Surulere, Lagos must NOT be sold in the life time of their mother.
(E) Subject to clause 6 (d) above, if the house is to be sold after death of their mother, all the children of my second wife must agree to that effect.
(F) However, subject to Clause 6 (g) below, the houses at Akure can be sold or leased during the life time of my second wife. The proceeds of the sale or lease as the case maybe, may be partly used to improve and repair 28, Sabiu Ajose Crescent, Surulere, Lagos and partly divided equally amongst all the children and their mother and wisely invested by them for their welfare.
(G) Rabiat Fawehinmi, the eldest child by my second wife shall be entitled to 20% of all the proceeds of the Sale or Lease of the houses at Akure. It is the balance of 80% of such proceeds that could be partly used to effect any improvement or repair of, Sabiu Ajose Crescent, Surulere, Lagos and partly divided equally amongst all the six children of my second wife and their mother. Rabiat Fawehinmi is also to benefit from such equal sharing. She must not be excluded simply because she is entitled to 20% of the proceeds of the sale or lease in the first place. This is special right I have given to her.
(7) I devise and bequeath my land at Agbara Estate of the Ogun State Property and Investment Corporation (OPIC) to my daughter, Dr. (Mrs.) Hafusat Oni practising medicine in the United States of America (USA).
(8) I devise and bequeath my six plots of land at Fagun Estate in Ondo as follows: a. Two plots to Mrs. Rufukatu Fashipe, b. Two plots to Mr. Saheed Fawehinmi, c. One plot to Mr. Kazeem Kuteyi, the grandson of my late sister Ninilola Akinwande, d. One plot to Miss Aishat Fawehinmi.
(9) I devise and bequeath my plots of land at Ojojo in Ondo as follows: a. Two plots to Mrs. Ibiola Fagbemi, b. Two plots to Mrs. Mayi Oluyemi, c. One plot to Mr. R. N. Ogundipo, d. One plot to the children to my late sister Alhaja Ninilola Akinwande.
GANI FAWEHINMI TRUST ACCOUNT
(10) I direct my Trustee to open an account to be known as â€œGani Fawehinmi Trust Accountâ€ in a reputable Bank into which all monies accruing to my estate should be paid.
(11) My large landed property at Ugbo Ijebu Off Okopa Road, Ondo, measuring 7.801 Hectares shall be sold at a very good price by my Trustee and the proceeds shall be paid into â€˜Gani Fawehinmi Trust Account.
(12) My house at Oka Road, Ondo shall be used as family house and all my wives, children, grand children, great grand children and great great grand children, my sisters and their children shall have access to the house. The house shall be maintained from time to time by my Executor and Trustee.
(13) In view of the condition of my first son, Barrister Mohammed Fawehinmi, my Executor and Trustee shall assist in maintaining the houses at Plot 9A & 9B, Ademola Close, GRA, Ikeja, Lagos particularly the gardens, lighting, the meter system, the generators and security. The said maintenance shall be borne by the Executor and Trustee from the â€œGani Fawehinmi Trust Account. The maintenance of the property as aforesaid shall only continue during the lifetime of my first wife Mrs. Bukun Fawehinmi and my disabled son Mohammed Fawehinmi.
(14) My Executor and Trustee shall also assist in the maintenance of 28, Sabiu Ajose Crescent, Surulere, Lagos.
The cost of such maintenance shall be borne through â€œGani Fawehinmi Trust Accountâ€, if and when the Executor and Trustee considers such maintenance necessary and appropriate having regard to the provisions of Clause 6 (f) hereof.
(15) (a) My Executor and Trustee is to partition my house at Gani Fawehinmi Street, Ondo into flats for letting or leasing and to manage or cause to be managed the said property and the proceeds from the letting or leasing are to be paid into the â€œGani Fawehinmi Trust Accountâ€.
(b) The cost of maintaining, repairing and partitioning the property into flats is to be borne from the â€œGani Fawehinmi Trust Accountâ€.
(16) My Trustee is to sell my flat at 26 Maybourne Grange, Turnpike Link, East Croydon, CRO 5NH, England and pay the sterling (pounds) proceeds into the Sterling or Pound currency account opened for that purpose in my â€œGani Fawehinmi Trust Accountâ€ and to form part of â€œGani Fawehinmi Trust Accountâ€.
(17) I direct my Trustee to ensure that all my Books and my entire library are taken from my chambers, the Gani Fawehinmi Chambers at 35 Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos to the new library and gallery in the Nigeria Law Publication House, CBD, Alausa, Ikeja as soon as the building is completed and ready for occupation. This direction shall be carried out within 7 days of my death if the books have not already been transferred in my lifetime.
18. My chambers, the Gani Fawehinmi Chambers at 35, Adeniran Ajao Road Ajao Estate Anthony Village, Lagos shall be wound up literally within two years after my death.
19. I direct my Trustee to effect all necessary repairs to my building at Adeniran Ajao Road, Ajao Estate Anthony Village, Lagos when it is vacant and after the repairs, the building should be let and the proceeds of the lease should be paid into â€œGani Fawehinmi Trust Accountâ€
(b) My Trustees, may in their discretion, convert the building into flats if that would make the property more commercially lettable.
20. I give the possession and the remainder of my lease at 90 Lewis Street, Lagos to my Trustee to hold in trust for my estate. My Trustee should allow the Nigeria Law Publications Ltd. to continue their tenancy at the premises for so long as they may wish subject to payment of rent. My Trustee shall pay the proceeds thereof into the â€œGani Fawehinmi Trust Account.â€
21. Nigeria Law Publications Limited and Books Industries (Nigeria) Limited
(a) I founded the Nigeria Law Publications Limited in 1976 to promote the development of law in Nigeria.
(b) I virtually own the company although I have given shares to my children and other persons who have consequently become shareholders of the company but in the minority.
(c ) I amÂ most anxious that this company should not die after my death but should survive for the advancement of law and its development through various legal publications by the company particularly the Nigerian Weekly Law Reports.
(d) The most important duty of my Trustee is to ensure that this company does not die but continues to promote the development of Nigerian Law.
(e) I give to my Trustee all my shares in the Nigerian Law PublicationsÂ Limited to hold in trust and to be administered subject to the provisions of this Will.
22. I direct my Trustee to exercise the powers appertaining to my shares in the Nigerian Law Publications Limited which I could have exercised myself in accordance with the following directions:
(a) To ensure that the post of Managing Director of the Company is filled by a very competent and experienced person of good business ability and acumen, Mr. Mojeed Ajao the current Managing Director of the company shall be at liberty to continue in office until he attains the age of 60 years.
(b) To ensure that the Editor-in-Chief, Deputy Editor-in-Chief and the General Editor of the Nigerian Weekly Law Reports are very competent lawyers of not less than 10 years Post-Call experience.
(c ) To appoint to the Board of Directors of the Company at least one reputable professor of law and one Senior Advocate of Nigeria at any given point in time who shall serve as non-executive directors for such term as may be prescribed by the Memorandum and Articles of Association of the Company.
(d) To put in place and maintain in the company an accounting system that would ensure transparency, accountability and prudent management of the funds of the company.
(e ) To ensure periodic audit of the account of the company.
(f) To ensure that my majority shareholding in the company is not diluted.
(g) To do all other things as are reasonably necessary of the publications of the company particularly the Nigerian Weekly Law Reports which is very dear to my heart.
23. I give my Trustee my shares in Books Industries (Nigeria) Limited to hold in trust and to be administered subject to the provisions of this Will.
24. I direct my Trustee to exercise the powers appertaining to my shares in the Books Industries (Nig.) Limited which I could have exercised myself in accordance with the following directions:
(a) To ensure that the post of Managing Director of the company is filled by a very competent and skilled person who can profitably manage a printing company with business skill and acumen.
(b) To appoint to the Board of Directors of the company at least one woman of considerable experience in company management.
(c ) To put in place and maintain the company an accounting system that would ensure transparency, accountability and prudent management of the funds of the company.
(d) To ensure periodic audit of the accounts of the company.
(e ) To ensure that my majority shareholding in the company is not diluted
(f) To ensure that the company gives priority to the printing of the Nigerian Weekly Law Reports and other books being published by the Nigerian Law Publications Limited.
25. I direct my Trustee to pay all dividends and income accruing to me by reason of my shareholding in the Nigerian Law Publications Limited and Books Industries (Nigeria) Limited into the â€œGani Fawehinmi Trust Account.â€
26. (a) I direct my Trustee to allow the Books Industries Nigeria Limited to continue to use the front building of my landed property at plot 9/11, Akinola Sholanke Street, Mafoluku, Oshodi, Lagos on payment of adequate rent which should be paid into Gani Fawehinmi Trust Account.â€
(b) As forÂ the rear building, I direct my Trustee to allow the Books Industries Nigeria Limited to use the Ground Floor for its expansion on payment of rent to be paid into â€œGani Fawehinmi Trust Account.â€
(c ) Miss Bushirat Alabi the mother of my child, Miss Aishat Fawehinmi, shall vacate the flat she occupies on the first floor within two years after she has been given the sum of N1,000,000 by my Trustee to start a new life of trading or business of her choice in accordance with clause 28 (6) herein.
(d) a room in the flat she occupies at the moment contains some of my important belongings and the second flat on the same first floor contains my important belongings. The room and the flat should be kept under lock and key until the panel which will work on equipping the gallery and library at the Nigerian Law Publications house at CBD, Alausa, Ikeja set to work to examine the materials they consider useful for the Gallery and Library.
(e) I direct my Trustee the two flats in the top second floor to the Books Industries (Nigeria) Limited and the rents accruing from the lease should be paid into my account (â€œGani Fawehinmi Trust Accountâ€).
27. I direct my trustee to manage my stocks and shares in other companies in trust for my estate and to pay all dividends accruing therefrom into â€œGani Fawehinmi Trust Account.â€
28. The â€œGani Fawehinmi Trust Accountâ€ is to be managed, invested, administered and operated in the most prudent, most profitable and most cost-effective manner including using part of it for:
(1.) The education, maintenance and upkeep of all my children (all fifteen of them) who are still in school until they obtain their first degree. The appropriate amount in each case to be determined by my Trustee must be reasonable. Except for those already studying in educational institutions abroad, all my other children are to be educated in educational institutions available in Nigeria.
(2) Maintenance and upkeep of my Library and Gallery (in addition toÂ the internally generated revenue by the library and gallery) at the Nigerian Law Publications house at CBD, Alausa, Ikeja, Lagos.
(3) Maintenance of the following houses namely: (i) Family House at Oka Road, Ondo (ii) The other two houses are:Â (a) Plot 9A & 9B, Ademola Close, GRA, Ikeja, Lagos State during the life time of my disabled son Barrister Mohammed Fawehinmi and his mother. (b) 28, Sabiu Ajose Street, Surulere, Lagos State until everyone of my children by my second wife obtains his or her first degree.
4. Special maintenance of my disabled son, Barrister Mohammed Fawehinmi.
5. Maintenance of Mrs. Bukun Fawehinmi and Mrs. Abike Fawehinmi. The former shall be given N60,000 a month while the latter shall be given N50,000 a month. Those amounts may be reviewed by my trustees from time to time having regard to the cost of living in Nigeria and funds available in the â€œGani Fawehinmi Trust Account.â€
6. A once for all assistance should be given to the mother of my child (Miss Aishat Fawehinmi) by name Mrs. BushiratÂ Alabi for her to start a new life by probably going into trading or any other business and remarry. The sum not exceeding N1,000,000 should be given to her. Once she is given that money, she must vacate the flat she occupies within two years of my death or if she is found pregnant by another man, whichever is earlier.
7. Maintenance of my sister Mrs. Mutiatu Akinlami who had a stroke in 2003. She should be given a monthly feeding allowance of N25,000. Her physiotherapistâ€™s bill not exceeding N30,000 per month should also be paid.
8 The building and maintenance of my grave at Oka Road, Ondo.
9. The maintenance of my motherâ€™s and fatherâ€™s grave at Ondo the former in front of my house at Oka, Ondo and the latter in the premises of Ansar-ud-deen, Ondo.
10. The following persons shall be given the following monthly allowances as long as they live. a. Mrs. Rufukatu Fashipe (N40,000)
b. Alhaja Humuan Fawehinmi N10,000)
c. Mr. Jibayo Awosika N10,000)
d. Mrs. Eunice Ladiran Awosika N10,000)
e. Alhaja Fali Aladejana N10,000)
f. Princess Lompe Ayoola N10,000)
g. Mrs. Taiye Jinadu (N10,000)
h. Mrs. Laduti Akinwande N10,000
i. Mrs. Debo Omoloja N10,000
j. Mrs. Sola Akinyemi N15,000)
k. Mr. Tuyi Akinwande N15,000)
11. A one-off gift of N500,000 should be given to Mrs. Adefolayan Falade living in Jos, for the advance of her personal educational institution.
12. The education of Master Kazeem Kuteyi the great grandson of my late mother up to university level and the Nigerian Law School.
13. The education of Mr. Chidozie Augustine Nwaneri up to the first degree level.
14. The training up to first degree level of Miss Tope Orebola.
15. Training up to first degree of Miss Folake Akinyemi.
29. I hereby direct my Trustee to award 10 yearly scholarships tenable for one year to 10 indigent but brilliant students from poor homes attending Nigerian universities. The awards titled â€œGani Fawehinmi Yearly University Awardâ€ must be preceded by advertisement in at least one widely circulating newspaper in Nigeria. Each successful students should be given N100,000 for only one year. The amount may be reviewed depending on the prevailing economic condition and the strength of the Nigerian currency.
30. (a) I direct my Trustee to give N1000,000 yearly to the NBA, Ikeja Branch to organise and host the yearly lecture/symposium of FAWEHINMISM which was established by the branch in 2005.
(b) I hereby direct my Trustee to give the sum of N50,000 every month to assist the Oke-Otunba Central Mosque Ondo.
31. (a) At the end of every quarter of the year, my Trustee must cause to be organised by my immediate family the feeding of disabled, poor and/or blind beggars that can be gathered around GRA, Ikeja in line with my tradition for more than 30 years.
(b) I direct my Trustee to also cause to organise by my immediate family the feeding of disabled, poor and/or blind beggars that can be gathered around my family house in Oka in Ondo Town during important Muslim Festivities and to commemorate the remembrance of my father, my mother and myself on our birthdays.
32. I hereby direct my Trustee to set up a small committee of experts to work with Mr. Mojeed Ajao the managing Director of the Nigerian Law Publications Limited, Mr. Ugwuzor Adindu of Gani Fawehinmi Chambers and Library, Barrister Mohammed Fawehinmi my first son, Barrister Rabiat Fawehinmi, Mrs. Bukun Fawehinmi, Mrs. Abike Fawehinmi, Mr. R. N. Ogundipe and Mr. Adeniji, former Librarian of the University of Lagos.
(a) To ensure the evacuation of my books from Gani Fawehinmi Chambers at Anthony Village to my new library and gallery called Gani Fawehinmi Library and Gallery at the Nigerian Law Publications House at CBD, Alausa, Ikeja.
(b) To ensure that the new library is fully established in the said CBD, Alausa, Ikeja to occupy three floors including the basement, the ground floor and the first floor.
(c) To order appropriate furniture which the Nigerian Law Publications Limited shall pay for.
(d) To gather my books, intellectual materials, newspapers, including glazed and bound newspaper booklets and other written materials wherever they are kept in various places, in Lagos State, Ondo State or in my flat in London and take them to the new Library and Gallery.
(e) The Gallery must depict my life, my struggles including my detentions, trials, imprisonment, etc. To this extent, all the glazed materials kept in boxes in GRA, Ikeja, NLP Warehouse Ikeja, Mafoluku, etc. are to be displayed in the Gallery and Library.
(f) To display also in the Gallery my detention bags, my detention and prison rough steel drinking cups, my prison uniforms (prisoner J60), my detention dresses, my detention notes and pictures and several pairs of glasses.
(g) To display conspicuously my lawyerâ€™s robes and particularly my Senior Advocate of Nigeria robes in the gallery.
(h) To display my full robes of the LLD award of the Obafemi Awolowo University, Ile-Ife.
(i) My Trustees should run the Library and Gallery as a commercial enterprise to generate funds so that it can be self-sustaining.
(j) I direct my Trustee to ensure that at least 10 copies of every new book published by the Nigerian Law Publications Ltd. are donated to the Library.
(k). I direct my Trustee to ensure that the Library is updated with books to be purchased from the income generated by the Library from time to time. A reasonable part of the fund in the â€œGani Fawehinmi Trust Accountâ€ may also be used to maintain the Library and Gallery if need be.
(l) I direct my Trustee to pay into Gani Fawehinmi Trust Account any dividends accruing to my estate from the Gani Fawehinmi Library and Gallery Ltd.
(m) I direct my Trustee to ensure that the post of Managing Director of the company is filled by a competent and experienced person with requisite qualification in Library science.
(n) All the books of all types, titles, etc. and bound newspapers and magazines of all types in my chambers (Gani Fawehinmi Chambers) belong to me and they are to be taken to the Gani Fawehinmi Library and Gallery.
33. Both my Trustee and the Nigerian Law Publications Limited must ensure that my children (fifteen of them) and my two wives do not suffer. They should be taken special care of. My first son, Barrister Mohammed Fawehinmi, who is disabled by serious motor accident by providing him with:
(a) A nurse (if necessary)
(b) A cook
(c) An assistant
(d) A suitable financial allowance monthly.
(e) A driver
(f) Constant medical attention particularly in Nigeria
(g) If and when the motor car bequeathed to him become unserviceable then a new motor car of his choice should be purchased for him.
34. I further direct my Trustee to provide him with a new car whenever the one being used by him becomes unserviceable.
35. The cost of such car of his choice must however in the opinion of my Trustee be reasonable having regard to the obligations of the Trustee and the balance in the â€œGani Fawehinmi Trust Account.â€
36. All my wearing apparels and shoes (except few which are to be displayed in my Gallery) are to be divided amongst all my male children.
37. I give to my first son, Barrister Mohammed Fawehinmi the following vehicles.
(1) Toyota Landcruiser with Registration Number AZ 919 AKD
(2) Toyota Previa with registration number 822 KRD
38. I give to Miss Rabiat Fawehinmi my Toyota Crown with registrationÂ number AH 945 NND (she must not forget to use it on the day of her marriage).
39. I give to Mrs. Basirat Biobaku my Pajero Mitsubishi Jeep with registration number AJ 20 NND.
40. I direct my Trustee that any amount which is accruing to my personal account in any bank in Nigeria and outside Nigeria in England shall be paid into or transferred to Gani Fawehinmi Trust Account in naira currency and if the amount is in sterling, then in the sterling account of the Gani Fawehinmi Trust Account.
Annual Payments To My Children
41. Subject to and after the satisfaction of all bequeath and other obligations contained in this Will, payment of all fees, rates and other charges payable whether under this Will or any Law:
(a) I direct my Trustee to pay my children in equal amount at the end of each year or so soon thereafter as may be practicable a sum not exceeding 25% of the balance of the annual income accruing in the Gani Fawehinmi Trust Account.
(b) 1. I direct my Trustee to set aside 5% of the said balance of the annual income accruing to the Gani Fawehinmi Trust Account for the purpose of a loan scheme under which any of my children may be granted such loan as my Trustee may in their discretion determine.
ii. The loan which may be interest free and uncollaterised shall be repayable with such period as my Trustee may determine.
iii. If the loan falls due but is unpaid by the borrower/child, thenÂ my Trustee may deduct such part of the loan as may remain unpaid from the amount payable to such child under clause.
41. a. above
c. The balance of 70% shall be profitably invested by my Trustee.
42. I give to my Trustee my residuary estate to hold in trust to be administered in accordance with the provision of this Will.
43. I direct my Trustee to set up a small committee of eminent persons who are well familiar with my life and time at least one of whom should be a lawyer to prepare or cause to be prepared a very detailed and well researched biography of me to chronicle my professional life, human rights activities, my socio-political-economic struggles, my criminal trials, my detentions and other relevant aspects of my life. The biography which should be published by the Nigerian Law Publications Limited andÂ Printed by Books Industries Nigeria Ltd. or any other suitable printer may be in one or more volumes.
44. a. I plead with all my children and wives not to resort to any form of court litigation over my Will. They should resolve amicably any dispute or controversy with themselves, the Nigerian Law Publications Limited and my other companies and my Trustee. If at all any dispute or disagreement arises under or in connection with this Will and all efforts to amicably resolve it fails then the parties concerned shall refer the matter to Arbitration. Each party shall, however, bear his or her own cost of the Arbitration.
b. I have had enough of painful struggles and controversies in my life time, I should be allowed to rest in peace.
c. If any child or wife breaches this passionate plea, he or she will reap my displeasure and wrath.
45. Generally, any of my children or wives can have access to my grave site to pray and or seek spiritual assistance.
In witness whereof, I Chief Ganiyu Oyesola Fawehinmi have hereunto set my hand this 19th Day of December, 2008.
Ganiyu Oyesola Fawehinmi
Signed by the said Testator, in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, have subscribed our names as witnesses:
â€¢Mr. Michael O. B. Johnson,
Gani Fawehinmi Chambers,
35, Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos, Nigeria.
â€¢Adebayo Segun Isaac,
Senior Gate Clerk at Chief Gani Fawehinmiâ€™s House,
Plot 9A & 9B,
GRA, Ikeja, Lagos.