Prest told the court that her marriage to the deceased Managing Director of First Foundation Medical Engineering Company was conducted in 1996 under Kalabari Native Law and Custom, with her full consent and the blessing of her family.
She gave her testimony during ongoing proceedings before Justice Oluwatoyin Odusanya, which concern the management of Dr. Ajayi’s estate.
The claimants in the suit –Mrs. Adenike Oluyemisi Ajayi and her children (Tomi Deru, Olumide Ajayi, Omolade Soetan, Mayowa Okeowo, and Bisola Ajayi)– with filed Suit No. ID/3364LM/21 against Helen Prest and her daughter, Tomisin Ajayi. They are seeking declaratory reliefs regarding the estate and inheritance rights of the deceased.
In response, the defendants –led by Helen Prest– argue that Mrs. Adenike Ajayi had been estranged from Dr. Ajayi for over 35 years before his death. They maintain that the deceased had undergone a traditional Kalabari marriage with Prest, which confers inheritance rights on her.
At the resumed hearing, Prest, led in evidence by her counsel, Abiodun Owonikoko, SAN, tendered several documents, including a letter dated March 14, 1996, written by the late Dr. Ajayi to her mother, expressing his intention to marry her.
Earlier in her testimony, the witness informed the court that she is a published author of several educational books and has practised law for many years.
She also presented a series of photographs, including images of her mother, Mrs. Ella Prest, with Dr. Ajayi and their daughter, Tomisin Ajayi. Additional photos submitted included those of the family celebrating Mother’s Day, and another with Dr. Ajayi, Senator Olorunnimbe Mamora, and Ms. Prest.
Other exhibits included publications in Ovation Magazine and ThisDay Style from her 50th birthday celebration, featuring her with Dr. Ajayi and other dignitaries. She also submitted a Punch Newspaper interview in which Dr. Ajayi publicly referred to her as his wife. Furthermore, she tendered correspondence with the daughter of the first claimant, Mrs. Adenike Ajayi, in which she was addressed as “Mama” and thanked for her role during her wedding.
She also submitted a petition addressed to the Attorney-General of Lagos State, alleging the sale of a 21-hectare parcel of land located in the Chevron area of Lekki, Lagos, by the first claimant.
Another document presented was a letter to the Ministry of Interior requesting authentication of a Marriage Certificate dated July 6, 1974, purportedly presented by Mrs. Adenike Ajayi. She testified the ministry replied it could not authenticate the certificate unless the original document was produced. Prest also tendered the medical death certificate of Dr. Ajayi, issued by St. Nicholas Hospital.
Justice Odusanya admitted all the tendered documents into evidence and adjourned the case to November 3, 2025, for cross-examination by the claimants’ counsel, Mr. Kunle Adegoke, SAN.
In their statement of claim, the claimants asserted that Mrs. Adenike Oluyemisi Ajayi is the only surviving spouse of Dr. Tosin Ajayi, who died on April 26, 2020. They are seeking a declaration that she is entitled to the personal chattels and one-third of the deceased’s estate. They also seek a declaration that Prest, the first defendant, is not entitled to any share of Dr. Ajayi’s estate or personal belongings.
However, in their statement of defence, the defendants argue that the first claimant was merely an estranged spouse, as she and Dr. Ajayi had been separated for approximately 35 years before his death. They stated that the deceased lived alone for 10 years before meeting the first defendant. According to the defendants, after a period of courtship, Dr. Ajayi expressed his desire to marry Prest and travelled to Port Harcourt to meet her mother. Upon acceptance of his proposal, he fulfilled all customary marriage rites in accordance with Kalabari tradition, as Prest is of Kalabari descent. The defendants also claim that no Yoruba traditional marriage rites were ever performed between the deceased and the first claimant. Under Kalabari custom, they contend, a wife is entitled to inherit her husband’s estate if he predeceases her, which, they argued, applies to the union between Dr. Ajayi and Prest.
It would be recalled that Mrs. Adenike Ajayi while being cross-examined by Owonikoko, SAN, in the ongoing suit last year told the Court that she never challenged or queried her husband, over his affair with Prest during his lifetime. Asked if she sought legal advice challenging the relationship from her daughter and in-laws who were lawyers, she said as an honourable woman, she saw many of them around her husband but ignored as she was not ready to fight anyone.
When told that the late Dr. Ajayi had been living with Prest since 1997 till his death in 2020, and had openly recognised her as his wife, both at home and abroad, the witness said, “My husband had many of them as his side-chicks.”
Recall that following his passing, Dr Ajayi was not buried until almost a year after his death due to the tussle between Prest and late Dr Ajayi’s first wife, Yemisi, alongside his five older children. They had all disagreed over the cause of the doctor’s death, where and how he should be buried, among other things. The squabble had delayed the deceased’s funeral for about 10 months.
