GANI'S WILL

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 ‘Trustee’ or this ‘Will’ 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 mother’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 boys’ 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 “Gani Fawehinmi Trust Account” 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 ‘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 “Gani 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 “Gani Fawehinmi Trust Account”, 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 “Gani Fawehinmi Trust Account”.

(b) The cost of maintaining, repairing and partitioning the property into flats is to be borne from the “Gani Fawehinmi Trust Account”.

(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 “Gani Fawehinmi Trust Account” and to form part of “Gani Fawehinmi Trust Account”.

(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 “Gani Fawehinmi Trust Account”
(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 “Gani Fawehinmi Trust Account.”
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 am 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 Publications 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 “Gani Fawehinmi Trust Account.”

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.”

(b) As for 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 “Gani Fawehinmi Trust Account.”

(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 (“Gani Fawehinmi Trust Account”).

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 “Gani Fawehinmi Trust Account.”

28. The “Gani Fawehinmi Trust Account” 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 to 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: (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 “Gani Fawehinmi Trust Account.”
6. A once for all assistance should be given to the mother of my child (Miss Aishat Fawehinmi) by name Mrs. Bushirat 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 physiotherapist’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 mother’s and father’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 “Gani Fawehinmi Yearly University Award” 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 lawyer’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 “Gani Fawehinmi Trust Account” 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 “Gani Fawehinmi Trust Account.”

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 registration 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, then 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.
Residuary Estate

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 and 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:

•Mr. Michael O. B. Johnson,
Litigation Manager,
Gani Fawehinmi Chambers,
35, Adeniran Ajao Road, Ajao Estate, Anthony Village, Lagos, Nigeria.
•Adebayo Segun Isaac,
Senior Gate Clerk at Chief Gani Fawehinmi’s House,
Plot 9A & 9B,
Ademola Close,
GRA, Ikeja, Lagos.

A PERSONAL TRIBUTE TO GANI

GANI may not be with us physically but his spirit will continue to watch over Nigeria till it reaches the Promised Land he so gallantly tried to lead the country to.
My husband and I had been in constant communication with Gani till recently when he was no longer able to take calls. As a medical doctor he kept me updated on his various treatment plans and I visited him a couple of times to give him nutritional advice while he was in London. He took to heart our discussion on the role of nutrition in cancer prevention and care. His wife, Ganiat steadfastly ensured he ate wholesome, non processed foods that enhance health. She was a pillar of strength. His daughter, Dr. Hafisat Oni and I also spoke often, looking into the latest cancer treatment possibilities in the United States.
I spoke to Gani about two weeks before he died. Gani had a true love for the Nigerian masses and humanity. In some of our conversations he used to talk to me about the pain he felt not from the cancer but from the state of the nation despite all his efforts.
Even though I knew medically that the odds were against him, I prayed and hoped against all odds that he would pull through. Alas it was not to be. Nigeria has lost one of the best Presidents it could have had. I remember about twenty two years ago when Chief Obafemi Awolowo died. My mother burst out crying uncontrollably saying what a great loss Nigeria had suffered, as Awo would have led the country to great heights if he had been President.
I comforted her even though I could not grasp the extent to which she understood the monumental loss. It was dŽjˆ vu as twenty two years later my husband and I were called by Gani's family with the terrible news that he lost his final battle. I broke down crying with a gut wrenching pain. Our daughter who is a young adult and knows of Gani's greatness comforted me. I can only pray that in twenty two years time history does not repeat itself again.
Gani fought for the masses. His struggle must not be in vain, the fight for the man or woman on the street must continue. They are sometimes referred to as "the common man" yet they are not common but of a rare breed. These are people who have the courage to get up every morning and struggle hoping against hope, people who when pushed against the wall find a way to push the wall back, people who do not have basic human rights to shelter, food, health care and education. We may say this is all relative. I ask relative to what? Where do we draw the line of relativity? It is often said "Nigerians are resilient". Even if they are we cannot continue to test their resilience.
As daunting as these challenges may be we can make them happen with good governance, accountability and public/private partnerships.
As we mourn the loss of Gani and simultaneously celebrate his life and what he stood for, we must all join hands to help reduce the disease burden by providing better healthcare, food, shelter and education for the masses. How many future Ganis may be right there on our streets, homes or country but will be lost due to the failures of the nation. Nigeria cannot continue to discount its future gains.
What does it profit a person if they gain the whole world but have no place to call home? Gani loved his home country Nigeria and we can see by the out pouring of affection for him how much his country loved him in return. Gani can truly call Nigeria home. We must not, we cannot, we will not let Gani's dream die.
Dr. Arese Carrington (US).

FAWEHINMI’S ONDO HOUSE, THE MORNING AFTER

At Gani Fawehinmi’s Oka, Ondo town home on Wednesday morning, the day following his interment, a lot had changed. The surging crowd was gone, and so were the canopies that shielded them from the elements. The frenzied photographers who, barely 24 hours earlier, had turned the graveside into a camp had all departed. The DAAR Communications Outside Broadcasting (OB) Van that for a few days became a part of the landscape was gone. Only a group of workmen remained, cleaning up.
And then there were the banners bearing Gani’s images - a good number of them prison photos.

The four slabs that covered the grave had been sealed into place with concrete, and all that kept the site company were the wreaths from the day before. Nearby, Gani’s mother’s marble tomb bore the footprints of the crowd that had gathered to bid farewell to her son. The inscription engraved onto it revealed that the son died exactly six years to the day the mother was buried - September 5, 2003.

Just outside the entrance to the house sat Gani’s younger brother, Olumide, eager to share reminiscences. “He was my very, very good friend. We were so close... the love I had for him, that was why I had to name my first son, Gani Fawehinmi... he has even promised to be a lawyer. All my children - I have two boys and a girl - are so fond of him.
“And I know my children will be the ones that will miss him (most), because most weekends they will say ‘My daddy, let’s go to Baba’, but now there’s no Baba...”
Much has been said of Gani’s “payroll” - the startling number of people who monthly benefited from him in cash. Olumide Fawehinmi gave an idea of the size of the “payroll”.
“Everybody, quote me, everybody in (the) family house, they are on Chief Gani Fawehinmi’s payroll... those that are on his payroll in this town alone, they’re over 200. As I’m talking to you, I’m a successful businessman, (but) I’m on his payroll. He doesn’t look at whether you are successful. There was a time he told me, (about) 15 years ago, he said ‘Olumide, if not for the way this country is, I will just tell all the family to stop working ...” Even Olumide’s children were on the payroll as well. “All of them. My last born, who’s a girl, will be three years old by November, and she’s on the payroll of Chief...”

Loads of memories
Civil Engineer, Gregory Odunwo, did construction work (“finishing”) at Gani’s Ikeja residence, as well as the late lawyer’s Gallery at the Central Business District, Alausa. Odunwo said he met Gani five years ago.
“I think I can precisely tell you that within the five years that I came across this man, I’ve been able to finish my house to the taste that I want, through this man... he’s God-sent to me.” And he was quite clear on the first thing he needed to do in memory of the man who had shown him much kindness and generosity.

“I beautified the mother’s grave, I beautified the father’s grave, and I’m going to beautify his grave... by the time you come here within the next 40 days you will see the beautification of the grave. I’m working on it already. I’ve just finished work this morning, and I’ve been here for the past three days, working to make sure everything is in order.”
“Who will fight for us, we poor people?” asked Ebenezer Akinwande, who is married to Gani’s younger sister. Then he quickly added, smiling, “though I don’t consider myself poor...”

Olalekan Ojo, Gani’s photographer, worked with him for more than 15 years. He told NEXT that Gani would often tell him “Lekan, you’re not my staff, you’re my son.” Breaking into a smile, he recalled how Gani would sometimes talk to him as though he were a lawyer and not a photographer, and expect him to help recollect legal details.
Amidst the outpouring of memories, the condolence register lay closed. The final entry, by F. Makinde, said it all:
“Chief Gani, Hero of Modern Nigeria. Good Night. R.I.P.”

SOURCE:234NEXT.COM

GANI'S CASKET STIRS DEBATE

Chief Gani Fawehinmi finally went “home” yesterday in a blaze of glory, capping a week long celebration of the life and times of the legal icon and champion of downtrodden masses. His remains were buried in his native Ondo town in a gleaming golden casket, believed to have cost some millions of Naira.

The expensive coffin, first spotted at a tribute session organized by the Ondo State Government in Akure ,the state capital on Monday, was supplied by TOS, a top flight Lagos-based firm of undertakers owned by Taiwo Ogunsola. The company handled the contract for the funeral of the late human rights activist. The cost of the casket was a closely guarded secret by the family. Gani’s widow, Ganiyat revealed that it was part of a complete package charged by the company, adding however, that: “I am not sure the children will want me to disclose the entire amount to the press. All I can say is that we asked them to give us the best ever” However, industry sources reckoned that the casket could cost between N5million and N 10 million if it were made of solid gold. This has, however, stirred a controversy, with some observers querying such brazen display of ostentation and flamboyance in respect of a man who was an acerbic critic of profligacy and epitome of prudence and modesty in his time. Some also expressed doubt that Gani may not have approved this. Apart from the cost, there is also a brewing controversy as to the propriety of buring Gani, a devout Muslim, in a coffin. It is a development a section of the Muslim community, which had earlier queried the decision to delay his burial for two weeks, had also expressed reservations about.
Incidentally, this seeming rebellion against the established Islamic burial rites may only be another manifestation of the Gani phenomenon.He obviously rebelled to the end.

TEARS AS GANI IS BURIED

Remains of the late legal icon, Ganiyu Oyesola Fawehinmi were lowered into the grave at exactly 3.32 pm at his home town, Ondo on Tuesday September 15, 2009 amidst pomp and pageantry. Tears flowed freely from the eyes of family members, politicians, including the Ondo State Governor, Dr. Olusegun Mimiko, members of the civil liberty group as the human rights activist’s body was finally interred beside his late mother’s grave at Oka area of Ondo township. Many could not contain their emotions, as they burst into tears, chanting “Gani, Gani has gone into the grave. Goodbye, the friend of the masses.”

Before the burial, the corpse laid in state at the Oba Adesanoye Civic Centre where notable Nigerians including the Governor of Edo State, Adams Oshiomhole, Jigawa State Governor, Alhaji Sule Lamido and the Ondo State Governor, Dr Olusegun Mimiko showered praises on the late legal luminary. Governor Adams Oshiomhole described Gani as a courageous rights activist who stood for the rights of the oppressed and downtrodden. He said the late lawyer fought tirelessly against military invasion, saying his fight was responsible for the democracy the people of the country were enjoying. His words, “Gani was the heart of the Nigerian masses, he was the voice to the voiceless and hope to the hopeless” The Jigawa Governor on his part said Gani would be remembered for his contribution towards strengthening of the legal profession. He charged Nigerians to emulate the good virtues of the late lawyer, stressing that Gani was a fearless being who stood for truth at all times. Governor Mimiko in his speech, said the life of Gani was worthy of emulation, stressing that he lived a life for the oppressed “Though he is dead now, but we are grateful to the Lord for his life and we are proud of our association with him and we thank him for the eternal pride that he brought the way of our dear Ondo State, for whether anyone likes it or not, the Gani Fawehinmi phenomenon has helped substantially to define the nature and image of the Ondo State personality as a dedicated defender of the truth, a focused and conscientious hard worker, resilient in struggle, and driven by a deep sense of conformity with the Omoluwabi ethos of the Yoruba. “Though today, Gani Fawehinmi is no more, but we are consoled by the fact that he would rest well confident that his place in the heart of Nigerians and lovers of truth, freedom and justice all over the world is assured.”

He used the occasion to thank numerous guests both far and near who graced Gani’s final burial, adding, “I am highly grateful to all of you present for honouring our invitation to give Gani a befitting burial. The corpse was later moved to the Ondo Central Mosque where the Chief Imam of Ondo, Alhaji Basiru Alimi admonished Nigerians to emulate the exemplary life exhibited by Gani when he was alive. He described death as a necessary end that could not be avoided by any human, stressing that every human should learn how to live a good life. He said, “Gani has done his own part on earth, let us all be courageous enough to stand against injustice and oppression which was Gani’s hallmark. “We should all endeavour to always say the truth at any point in our lives, so that people will be able to say good things after our exit.”
SOURCE:THESUN

FAWEHINMI GETS HERO’S FINAL FAREWELL IN ONDO

Yar’Adua, governors, lawyers pay tributes
Banners and billboards proclaiming the people’s affection for him. Excited youths singing, drumming and dancing. Some residents hawking souvenirs bearing his portrait. An army of security officials at alert.
Chief Ganiyu Oyesola Fawehinmi’s entry – his last – into Ondo State yesterday was glorious.
Akure, the Ondo State capital, stood still for several hours as the government and people of the "Sunshine State" paid their last respects to the late legal luminary and human rights activist.
Fawehinmi died on September 5 in Lagos.
It was a rain of tributes at the Akure Sports Stadium where the remains of the legal icon lay for about five hours.
The remains of Fawehinmi, who hailed from Ondo in Ondo West Local Government Area of the state will be interred today at his residence in Oka.
Economic and social activities were partially paralysed in Akure as the residents utilised the public holiday declared by the Dr Olusegun Mimiko-led administration to receive the body of the social crusader.
Banners, posters and miniature billboards bearing Fawehinmi’s portraits in the full regalia of a Senior Advocate of Nigeria (SAN) adorned the city. The billboards, which bear the insignia of the Ondo State Government, reads: "Ondo State Bids Gani Farewell".
The popular Oba Adesida Road was cordoned off by the Police, the Nigeria Security and Civil Defence Corps (NSCDC) and the Federal Road Safety Commission (FRSC) to allow easy passage for the funeral procession from Lagos.
The Ondo Road-Oba Adesida Road junction looked like a huge marketplace, with various interest groups waiting at the junction to receive the body.
It was a huge carnival, with residents singing in celebration of their hero.
Smart residents made brisk business, selling T-shirts, badges, stickers, fez caps, calendars, key-holders and other souvenirs bearing the portraits of the late lawyer.
Pickpockets had a field day as many people, including a policeman whose mobile phone was stolen, fell victim to them.
The body arrived at Stadium Road junction at exactly 12.56 pm and was received amidst singing, drumming and dancing. Residents struggled to catch a glimpse of the body. Some used their camera phones to record the picture of Fawehinmi’s body.
Many of the residents who gathered in front of their homes and shops to behold the spectacle of the long procession making its way towards the stadium compared Fawehinmi’s funeral with the one accorded the late sage and Senior Advocate, Chief Obafemi Awolowo.
The Mercedes Limousine hearse which bore the glass casket carrying the remains of Fawehinmi had LAGOS-GANI on its number plate. Another limo carried the golden casket in which his body will be buried today in Ondo.
Immediately the body entered the stadium, youth groups, workers, students, motorcyclists, traders and others, who carried various placards, rose in unison to sing solidarity songs.
All the seats in the stadium were occupied. The football pitch was covered by spectators who formed a sea of heads around the casket.
Students of Victory College, Ikare-Akoko, the late Fawehinmi’s alma mater, attended the ceremony. They were in their uniforms.
The body was carried shoulder-high by pall bearers who filed past a guard of honour mounted by robed lawyers under the aegis of the Nigerian Bar Association (NBA) from various branches across the country.
Family members followed the body which was placed on one of the three big podiums mounted on the football field as music of the Afrobeat maestro, the late Fela Anikulapo-Kuti, was being played in the background.
Musicians who performed live at the occasion included juju music legend King Sunny Ade, Olu Maintain, Yemi Sax and Lord Ajasa.
Lawyers ascended the dias where the body was placed in quartets to pay their last respects to a colleague. Then, prominent Nigerians paid their tributes one after the other.
Fawehinmi’s body was dressed in a black Aso-Oke, a cap, his reading glasses and beads on the neck.
The Islamic opening prayer was said by Sheikh Yassin. Pastor Nelson Fadoju followed with the Christian opening prayer.
Those who paid tributes to the late Fawehinmi included the Ondo State Attorney-General and Commissioner for Justice, Mr. Eyitayo Jegede (SAN), NBA President, Mr. Rotimi Akeredolu (SAN), Chief Sehinde Arogbofa on behalf of Victory College Old Students and the President of the West African Bar Association (WABA), Mr. Femi Falana.
Others who paid tributes included the Speaker of the Ondo Assembly, Mr. Taofiq Abdussalam, Campaign for Democracy (CD) President Dr Joe Okei-Odumakin and the President of the Movement for the Survival of Ogoni People (MOSOP), Mr. Ledum Mitee.
SOURCE:THENATION

GANI BEGINS FINAL JOURNEY HOME

The late legal icon, Chief Gani Fawehinmi, began his final journey home on Monday with fanfare. The acclaimed human rights crusader left the morgue of the Lagos State University Teaching Hospital (LASUTH) for his GRA, Ikeja home at about noon in a motorcade.The corpse, laid in a plain casket, was dressed in a white lace flowing gown (Agbada), a green cap and a pair of black shoes. It was conveyed in an ash colour Mercedes Benz hearse with registration number TOS 1.Trailing the hearse was a long convoy of at least eight cars and trumpeters, family members and sympathisers, some of whom had been at the hospital since 10.00a.m.Hundreds of Nigerians joined the funeral party, walking solemnly behind the hearse as it moved slowly to the home of the Fawehinmis. The journey took about one and half hours.A multitude of sympathisers and family members were ready to receive the corpse when it arrived the home, with songs and dancing.At exactly 1.30p.m., the corpse was placed in the inner sitting room, for the people to pay their last respects to the fallen hero.Fawehinmi looked fresh, calm and serene in death. There was a long queue of people who took their turns to pay homage to the generally acknowledged most engaging lawyer in the history of the country.Dignitaries across the country continued to pay glowing tributes to the memory of Fawehinmi. Among the notables who called at the deceased’s home on Monday were fiery labour leader and former Secretary General of National Union of Petroleum and National Gas Workers (NUPENG), Chief Frank Kokori, Afenifere Chieftain, Chief Ayo Adebanjo, Speaker of House of Representatives, Dimeji Bankole, Justice Olubunmi Oyewole, leader Yoruba Council of Elders, General Adeyinka Adebayo (retd), former Minister of External Affairs, Professor Bolaji Akinyemi, Action Congress (AC), governorship candidate in Ekiti State, Dr. Kayode Fayemi, notable lawyer, Fred Agbaje, Commissioner of Police Lagos State, Marvel Akpoyibo, Factional leader of All