Dad told us ‘I’m going home’ hours before his death – Late Kola Oyewo’s son

The passing of veteran Nigerian actor Kola Oyewo, reportedly after a battle with an enlarged prostate, underscores critical legal considerations surrounding death in Nigeria. This article examines the dual aspects of estate planning and potential medical legal implications. For legal professionals, Oyewo’s death serves as a poignant reminder of the necessity for robust estate planning, including the drafting of a valid will, to ensure the orderly distribution of assets and prevent family disputes. It also implicitly highlights the broader legal framework governing patient care and medical negligence in Nigeria, prompting a review of the duties owed by healthcare providers. Understanding these legal frameworks is crucial for practitioners advising clients on end-of-life matters and patient rights.

The recent demise of legendary Nigerian actor Kola Oyewo, at the age of 80, following a reported struggle with an enlarged prostate, has resonated deeply within the entertainment industry and beyond. While the news primarily focuses on the emotional impact and his enduring legacy, it also brings to the forefront critical legal issues that arise upon an individual's death. For practising attorneys and legal professionals in Nigeria, such events serve as a stark reminder of the indispensable role of proactive legal planning, particularly in the realm of estate management and, by extension, the legal duties surrounding healthcare.

This article delves into the legal landscape governing the administration of estates in Nigeria, emphasizing the profound importance of a valid will in safeguarding a deceased person's wishes and preventing potential family discord. Furthermore, it briefly touches upon the legal principles of medical negligence, which, while not directly alleged in Oyewo's case, are inherently linked to discussions of health challenges leading to death. The aim is to provide a comprehensive overview of these legal areas, offering insights relevant to practitioners advising clients on navigating the complexities that follow a loved one's passing.

The legal framework for succession and estate administration in Nigeria is characterized by a pluralistic system, incorporating statutory laws, customary laws, and Islamic laws. The applicability of these laws often depends on the deceased's personal circumstances, including their religion, ethnic background, and the type of marriage contracted.

Under statutory law, the primary instruments governing wills and inheritance include the Wills Act 1837 (a statute of general application in many Southern states) and the Wills Laws of various states, such as the Wills Law of Lagos State. These laws dictate the requirements for a valid will and the process for obtaining a Grant of Probate, which legally validates the executor's authority to administer the estate. Conversely, where a person dies without a valid will (intestate), the Administration of Estates Laws of the respective states, alongside customary or Islamic laws, govern the distribution of their assets. In such cases, the deceased's property initially vests in the Chief Judge of the state until Letters of Administration are granted to appointed administrators.

Regarding medical care, the Nigerian legal system imposes a duty of care on medical practitioners. This duty is rooted in the tortious principle of negligence, requiring healthcare professionals to exercise the level of skill, care, and competence reasonably expected of a qualified practitioner. Breaches of this duty, leading to injury or death, can give rise to civil claims for damages, disciplinary actions by professional bodies like the Medical and Dental Council of Nigeria (MDCN), and in severe cases, criminal liability under the Criminal Code Act.

The passing of an individual, particularly one with a public profile like Kola Oyewo, invariably brings the issue of estate planning into sharp focus. A fundamental aspect for any legal practitioner is to advise clients on the creation of a valid will. Under Nigerian law, a will must be in writing, signed by the testator (or by another person in their presence and by their direction), and attested to by at least two witnesses present at the same time. Crucially, the testator must possess testamentary capacity, meaning they must be of sound mind and typically at least 18 years old. A properly executed will ensures that assets are distributed according to the deceased's express wishes, thereby minimizing the potential for disputes among beneficiaries and streamlining the probate process. The Grant of Probate, issued by the State High Court's Probate Registry, is the legal authority that confirms the executor's power to act, even though the will itself bestows the initial authority.

Conversely, the absence of a valid will, known as intestacy, introduces significant complexities. In Nigeria, an estimated 70% of individuals die intestate, leading to a high incidence of family inheritance disputes. When a person dies intestate, their estate is distributed according to statutory laws (like the Administration of Estates Law), customary laws, or Islamic laws, depending on the deceased's personal law. Under statutory law, there is a clear hierarchy of beneficiaries, typically prioritizing the surviving spouse and children, followed by parents and siblings if there are no children. However, customary laws, which vary widely across Nigeria's diverse ethnic groups, can introduce different, sometimes discriminatory, distribution patterns, although the Supreme Court has invalidated customs that dispossess daughters or wives. In such cases, Letters of Administration must be obtained from the Probate Registry, a process that can be lengthy and contentious, especially when family members disagree on who should administer the estate.

While the news report mentions Kola Oyewo's battle with an enlarged prostate, it does not suggest medical negligence. Nevertheless, it provides an opportunity to reflect on the legal duties of medical professionals. To establish medical negligence in Nigeria, four elements must be proven: a duty of care owed by the medical practitioner to the patient, a breach of that duty, a causal link between the breach and the injury or harm suffered, and actual damage. The standard of care is generally measured against what a reasonably skilled medical professional would have done in similar circumstances. Patients' rights are further codified in instruments like the National Health Act, which mandates proper medical records and guarantees the right to complain and seek remedy for substandard care. Legal avenues for redress include civil claims for damages, disciplinary proceedings before the MDCN, and, in cases of gross negligence leading to death, criminal prosecution for manslaughter under the Criminal Code.

The passing of figures like Kola Oyewo serves as a powerful reminder for legal practitioners to proactively engage clients on the critical importance of comprehensive estate planning. Ensuring a valid will is in place is not merely a formality but a fundamental step towards preserving an individual's legacy, preventing protracted family disputes, and guaranteeing that their assets are distributed in accordance with their wishes. Practitioners must emphasize the complexities of intestacy laws in Nigeria's pluralistic legal system, highlighting how a lack of a will can lead to unintended consequences and significant legal costs for surviving family members.

Furthermore, while not directly implicated in this specific instance, the mention of health challenges underscores the broader legal landscape of patient rights and medical accountability. Attorneys should be equipped to advise clients not only on estate matters but also on their rights concerning healthcare, including the standards of care expected from medical professionals. By guiding clients through these essential legal preparations, practitioners can offer invaluable peace of mind and contribute significantly to the orderly and just resolution of affairs following death.