Tosin Ajayi: Helen Prest breaks silence after sole lawful widow ruling

A Lagos State High Court sitting in Ikeja has delivered a significant judgment, declaring Mrs. Adenike Oluyemisi Ajayi as the sole lawful widow of the late Dr. Tosin Ajayi, founder of First Foundation Hospital. The court dismissed claims by former Miss Nigeria, Helen Prest-Ajayi, who asserted a customary marriage with the deceased. The ruling, delivered by Justice Oluwayoyin Odusanya, affirmed that Mrs. Ajayi's statutory marriage remained undissolved until Dr. Ajayi's death, emphasizing that prolonged separation does not terminate a valid marriage. This decision has profound implications for inheritance rights and the legal recognition of marital status under Nigerian law, particularly concerning the interplay between statutory and customary marriages. Helen Prest-Ajayi has since appealed the judgment, challenging its findings on her marital status and her daughter's legitimacy.

The recent judgment by the Lagos State High Court in the protracted dispute over the estate and marital status of the late Dr. Tosin Ajayi has sent ripples through Nigeria's legal landscape. In a decisive ruling on June 17, 2026, Justice Oluwayoyin Odusanya declared Mrs. Adenike Oluyemisi Ajayi as the sole lawful widow of the prominent medical practitioner, effectively dismissing the competing claims of former beauty queen, Helen Prest-Ajayi. This verdict, which has been met with an immediate appeal from Helen Prest-Ajayi, underscores critical aspects of Nigerian family and inheritance law, particularly the sanctity of statutory marriage and the evidentiary burden in proving customary unions.

The case, which commenced in 2021 following Dr. Ajayi's death in April 2020, revolved around who, in the eyes of the law, could be recognized as his surviving spouse and, consequently, who held the legal right to administer his substantial estate. The court's pronouncements on the indissolubility of a statutory marriage by mere separation and the stringent requirements for proving a customary marriage provide crucial guidance for legal practitioners. This article will delve into the legal framework underpinning the judgment, analyze the court's reasoning, and explore the broader implications for matrimonial and succession law in Nigeria.

Nigerian law recognizes three main types of marriage: statutory (or civil) marriage, customary marriage, and Islamic marriage. Statutory marriages, governed primarily by the Marriage Act (Cap. M6, Laws of the Federation of Nigeria 2004) and the Matrimonial Causes Act (Cap. M7, Laws of the Federation of Nigeria 2004), are strictly monogamous, meaning a man can only be married to one woman at a time. Contracting a second statutory marriage while a first subsists is not only void but also constitutes the criminal offence of bigamy under Section 47 of the Marriage Act and Section 370 of the Criminal Code Act.

Conversely, customary marriages are potentially polygamous, allowing a man to have multiple wives, and are governed by the diverse customs and traditions of various ethnic groups. Islamic marriages, recognized in twelve northern Sharia states, also permit polygamy, with a maximum of four wives. However, a fundamental principle is that a subsisting statutory marriage takes precedence over any subsequent customary or Islamic marriage, rendering the latter invalid. The Matrimonial Causes Act outlines the grounds for dissolution of statutory marriages, emphasizing that a marriage can only be dissolved if it has broken down irretrievably, and explicitly stating that prolonged separation alone does not automatically terminate a valid marriage.

In matters of inheritance, the Administration of Estates Law of Lagos State (Cap. A3, Laws of Lagos State 2015) governs the distribution of estates for persons who die intestate (without a will). Section 49(1) of this Law prioritizes the surviving spouse(s) and children in the application for Letters of Administration. Crucially, where a person subject to customary law contracts a marriage under the Marriage Act and dies intestate, the distribution of their property is governed by the provisions of the Administration of Estates Law, overriding any contrary customary law.

The Lagos State High Court, presided over by Justice Oluwayoyin Odusanya, meticulously applied these legal principles in Suit No. ID/3364LM/2021. The core of the judgment rested on the finding that Mrs. Adenike Oluyemisi Ajayi's statutory marriage to the late Dr. Tosin Ajayi was never legally dissolved and therefore remained valid until his death. The court firmly rejected the argument that a prolonged separation between spouses, no matter its duration, could unilaterally terminate a valid marriage. This reinforces the principle enshrined in the Matrimonial Causes Act that formal legal dissolution is required.

A significant aspect of the case was Helen Prest-Ajayi's claim to have contracted a Kalabari customary marriage with Dr. Ajayi. The court, however, found a lack of credible evidence to substantiate this assertion, describing it as an afterthought given her inconsistent positions in earlier legal proceedings where she had variously described herself as a common-law partner or in a civil-law union. Beyond the evidentiary shortfall, the court made a critical finding: even if the customary marriage had been proven, it would have been invalid because Helen Prest was still legally married to her former husband, Mr. Davies, at the time she claimed to have married Dr. Ajayi. This highlights the legal impossibility of contracting a valid customary marriage while a statutory marriage to another person subsists, as statutory marriages are strictly monogamous.

Consequently, the court affirmed Mrs. Adenike Ajayi as the sole lawful widow, entitling her to one-third of Dr. Ajayi's personal estate and recognizing her as the only spouse entitled to apply for Letters of Administration. The judgment also made findings regarding the legitimacy of Helen Prest's daughter, Tomisin Ajayi, concluding she was born out of wedlock, a point vigorously contested in the subsequent appeal. This aspect underscores the far-reaching consequences of marital status determination on the rights of children, particularly concerning inheritance.

The judgment has been appealed by Helen Prest-Ajayi and her daughter, Tomisin Ajayi, to the Court of Appeal in Lagos. Their grounds of appeal include contentions that the trial court erred in law, failed to give effect to an earlier consent judgment from January 2021 that allegedly recognized both women as co-wives, and wrongly described Helen Prest as a "mistress." This suggests a potential conflict or interpretation issue regarding the scope and effect of previous court orders, which the appellate court will need to address. The appeal will further test the robustness of the principles applied by the High Court and may provide additional clarity on the interaction of different judgments in complex matrimonial disputes.

The Lagos State High Court's ruling in the Dr. Tosin Ajayi estate dispute serves as a crucial reminder for legal practitioners and the public regarding the strictures of Nigerian marriage and inheritance law. It unequivocally reaffirms that a statutory marriage, once contracted, remains valid until formally dissolved by a court, irrespective of the duration of separation. Furthermore, it underscores the principle that a subsisting statutory marriage precludes the validity of any subsequent customary marriage, reinforcing the monogamous nature of marriages under the Marriage Act.

Practitioners advising clients on marital status, estate planning, and inheritance disputes must emphasize the importance of formalizing marital status changes and ensuring that all unions comply with the applicable legal framework. The ongoing appeal by Helen Prest-Ajayi highlights the complexities and potential for prolonged litigation in such cases, particularly where multiple claims to spousal status arise. Legal professionals should closely monitor the outcome of the appeal, as it may offer further jurisprudential insights into the interpretation and application of Nigeria's diverse matrimonial laws and their impact on succession rights. The case reinforces the need for meticulous documentation and consistent legal positioning in matters of marriage and family law to avoid adverse outcomes in estate administration.